Terms of Service

Effective Date: August 21, 2025

1. Acceptance of Terms

By accessing or using SimpleAgent LLC's services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

SimpleAgent provides an AI-powered personal assistant service via SMS for productivity, scheduling, and task management. The Service includes:

• AI agent creation and configuration tools
• SMS messaging capabilities through registered phone numbers
• Integration with third-party services
• Analytics and reporting features
• API access for developers

3. SMS Messaging Terms

3.1 Opt-In Requirement

You must obtain express written consent from recipients before sending them SMS messages through our Service. You are responsible for maintaining records of consent.

3.2 Compliance

You agree to comply with:

• Telephone Consumer Protection Act (TCPA)
• CAN-SPAM Act
• A2P 10DLC registration requirements
• Carrier guidelines and best practices
• All applicable local, state, and federal laws

3.3 Prohibited Uses

You may not use our SMS services to:

• Send spam or unsolicited messages
• Transmit illegal, harmful, or offensive content
• Impersonate others or misrepresent affiliations
• Violate privacy rights or confidentiality
• Send messages to emergency services numbers

3.4 End-User SMS Terms

When end-users opt-in to receive SMS from our platform:

• Message frequency varies based on user interaction (conversational service)
• Message and data rates may apply
• Users can text STOP to cancel at any time
• Users can text HELP for assistance
• User phone numbers will not be shared with third parties for marketing
• We support filtering preferences via STOP, UNSUBSCRIBE, CANCEL, END, and QUIT
• Carriers are not liable for delayed or undelivered messages
• Service available on all major US carriers (AT&T, Verizon, T-Mobile, Sprint)

4. Account Registration

To use our Service, you must create an account providing accurate, current, and complete information. You must be at least 18 years old to use this Service. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your account information remains accurate

5. Acceptable Use Policy

You agree not to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Use the Service for illegal or fraudulent purposes
• Resell or redistribute the Service without permission

6. Pricing and Payment

6.1 Subscription Plans

We offer various subscription plans with different features and message limits. Pricing is subject to change with 30 days notice.

6.2 Billing

• Subscriptions are billed monthly or annually in advance
• Overage charges apply for exceeding plan limits
• All fees are non-refundable except as required by law
• You are responsible for all applicable taxes

6.3 Refunds

• Pro-rated refunds available for annual plans if cancelled within 30 days
• No refunds for monthly subscriptions after billing cycle begins
• Refunds for Service failures per our SLA
• SMS message credits are non-refundable
• Contact info@simpleagent.app for refund requests

7. Intellectual Property

7.1 Our Property

The Service and its original content, features, and functionality are owned by SimpleAgent LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Your Content

You retain ownership of content you create using our Service. By using the Service, you grant us a license to use, modify, and display your content as necessary to provide the Service.

8. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy. You agree to comply with all applicable data protection laws including GDPR and CCPA when using our Service.

9. Service Level Agreement

• 99.9% uptime guarantee for paid plans
• Scheduled maintenance with advance notice
• Support response times based on plan tier
• Service credits for extended downtime

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMPLEAGENT LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

11. Indemnification

You agree to indemnify and hold harmless SimpleAgent LLC from any claims, damages, losses, liabilities, costs, and expenses arising from your use of the Service or violation of these Terms.

12. Termination

We may terminate or suspend your account immediately, without prior notice, for:

• Violation of these Terms
• Non-payment of fees
• Suspected fraudulent or illegal activity
• Request by law enforcement

Upon termination, your right to use the Service will cease immediately.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions. Our SMS services are available only to United States phone numbers. International SMS may be supported in the future.

15. Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes via email or Service notifications. Continued use after changes constitutes acceptance.

17. API Terms

If you use our API, you additionally agree to:

• Not exceed rate limits
• Implement proper error handling
• Maintain API key security
• Comply with our API documentation

18. Third-Party Services

Our Service integrates with third-party services (OpenAI, Twilio, etc.). Your use of these integrations is subject to their respective terms of service.

19. Contact Information

For questions about these Terms, contact us at:

20. Data Retention and Deletion

• Message logs retained for 90 days for compliance purposes
• Account data retained for 30 days after termination
• Users may request data deletion per our Privacy Policy
• Compliance records retained as required by law (TCPA requires 4 years)
• Conversation history may be deleted by user at any time through account settings