General information, not legal advice. This policy is provided as a general template for how Smarterblast operates. SMS, email, and telemarketing laws change often and vary by jurisdiction. It is not legal advice and does not create an attorney–client relationship. Consult a qualified attorney about your specific situation.
These Terms & Conditions govern your use of Smarterblast's bulk SMS, email blast, and telemarketing services. By placing an order you agree to them.
The service
Smarterblast delivers one-time, high-volume marketing campaigns on your behalf. You supply the recipient list and message; we handle dispatch, routing, and delivery reporting.
Eligibility
You must be at least 18 and use the service for lawful business purposes. By ordering, you represent that you have the authority to enter into these terms.
Your compliance responsibilities
You are solely responsible for the legality of your campaigns. In particular, you represent and warrant that:
- You have obtained the consent required for each contact — including prior express written consent for marketing SMS under the TCPA, valid consent for email under CAN-SPAM, and adherence to Do-Not-Call rules for calls.
- Your lists were not purchased, rented, harvested, or otherwise obtained without proper consent.
- Your message content is accurate, not deceptive, and includes the required sender identification and opt-out instructions.
- You will honor opt-outs and maintain your own suppression records.
Prohibited content
You may not use the service for content that is illegal, fraudulent, or that violates carrier rules — including CTIA SHAFT categories (Sex, Hate, Alcohol, Firearms, Tobacco, including CBD), phishing, malware, or deceptive schemes. We may refuse or stop any campaign that breaches these rules.
Pricing and payment
Prices are quoted in U.S. dollars on a per-campaign basis. Campaigns begin after payment is received. Because dispatch costs are incurred immediately, fees are non-refundable once a campaign has started sending.
No guarantee of results
We work to maximize deliverability, but message delivery, carrier acceptance, and recipient response are not guaranteed. Carrier filtering and third-party systems are outside our control.
Suspension
We may suspend, refuse, or terminate service for any campaign that we believe violates these terms or applicable law.
Limitation of liability
To the maximum extent permitted by law, Smarterblast is not liable for indirect, incidental, or consequential damages. Our total liability for any claim is limited to the amount you paid for the campaign giving rise to the claim.
Indemnification
You agree to indemnify and hold Smarterblast harmless from claims, damages, and costs arising out of your lists, your content, your lack of consent, or your violation of law or these terms.
Governing law
These terms are governed by the laws applicable to Smarterblast's place of business, without regard to conflict-of-law rules.
Changes
We may update these terms; the "last updated" date reflects the current version. Continued use after changes means you accept them.
Contact
Questions about these terms: smarterblaster@gmail.com.