SMS Text Messaging Terms
SparkleText provides an SMS keyword auto-reply service. When you ("Subscriber") text a keyword (e.g., PARTY, SALE, BOOK, SPARKLE) to a SparkleText-powered phone number, you will receive an automated text message reply containing a link or information related to that keyword.
- Program Name: SparkleText SMS Keyword Service
- Message Frequency: You will receive one (1) automated reply per keyword you text. No recurring or bulk messages are sent unless you text additional keywords.
- Message and Data Rates: Message and data rates may apply. Check with your mobile carrier for details about your text messaging plan.
- Opt-In: By texting a keyword to a SparkleText-powered number, you consent to receive an automated SMS reply related to that keyword. Your consent is not a condition of any purchase.
- Opt-Out: You can opt out at any time by replying STOP to any message. You will receive a confirmation message and no further messages will be sent.
- Help: For help, reply HELP to any message, or email support@sparkletext.com.
- Carriers: Carriers (T-Mobile, AT&T, Verizon, etc.) are not liable for delayed or undelivered messages.
- Privacy: Your phone number and messaging data are handled in accordance with our Privacy Policy. We do not sell or share your phone number with third parties for marketing purposes.
1. Agreement to Terms
By creating an account, subscribing to a plan, or using the SparkleText platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. SparkleText is operated by SparkleText LLC ("we," "us," "our").
2. Description of Service
SparkleText provides SMS keyword auto-reply services for live sellers and content creators. The Service allows you ("Host") to provision phone numbers, configure keyword auto-replies, and build opt-in SMS subscriber lists. End users who text your keywords ("Subscribers") receive automated replies containing your configured messages and links.
3. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding agreement. By using the Service, you represent that you meet these requirements. You must provide accurate, complete registration information and keep it updated.
4. Account and Billing
- A paid subscription plan is required to use the Service. Plans are billed monthly via Stripe. All fees are in US dollars.
- Your subscription renews automatically each month. You may upgrade, downgrade, or cancel at any time through the billing portal. Cancellations take effect at the end of the current billing period.
- We reserve the right to change pricing with 30 days' notice. Continued use after a price change constitutes acceptance.
- Refunds are not provided for partial months. If you cancel mid-cycle, you retain access until the end of that billing period.
5. Acceptable Use
You agree NOT to use SparkleText to:
- Send unsolicited messages (spam). All Subscribers must opt in by texting your keyword voluntarily.
- Send messages containing illegal, fraudulent, deceptive, threatening, harassing, defamatory, or obscene content.
- Promote illegal products, services, or activities including but not limited to illegal drugs, weapons, counterfeit goods, or unlicensed financial services.
- Violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or any other applicable federal, state, or international messaging regulations.
- Circumvent subscriber opt-out requests. You must honor all STOP requests immediately.
- Share, sell, or transfer subscriber phone numbers or data to third parties without explicit consent.
- Use the Service in any way that could damage, disable, or impair SparkleText or interfere with any other party's use.
6. SMS Compliance (TCPA / CTIA)
- SparkleText automatically handles STOP and HELP keyword compliance. You must not disable or circumvent these features.
- You are responsible for ensuring that your use of the Service complies with all applicable messaging laws, including TCPA requirements for prior express consent.
- You must not send messages to individuals who have not opted in by voluntarily texting your keyword.
- Standard message and data rates may apply to Subscribers. You must disclose this in any public promotion of your keyword.
7. Plan Limits
Each plan includes limits on phone numbers, keywords, and subscribers. If you reach your subscriber limit, new subscribers will not be added until you upgrade. We will not charge overage fees, but your service may be limited. You can view your current usage on the Plan page in your dashboard.
8. Phone Numbers
Phone numbers provisioned through SparkleText are leased, not owned. We reserve the right to reclaim numbers from inactive or canceled accounts after 30 days. You may not port numbers away from SparkleText without contacting support.
9. Data Ownership
- You own your subscriber data. You may export your subscriber list at any time via CSV export.
- We will not sell, share, or use your subscriber data for any purpose other than operating the Service.
- Upon account deletion, we will delete your data within 30 days, except where retention is required by law.
10. Termination
We may suspend or terminate your account immediately if you violate these Terms, engage in abusive messaging practices, or fail to pay for your subscription. You may close your account at any time by canceling your subscription and contacting support.
11. Limitation of Liability
SparkleText is provided "as is" without warranties of any kind. We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost data. Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim. We are not liable for actions taken by Twilio, Stripe, or other third-party providers.
12. Indemnification
You agree to indemnify and hold harmless SparkleText, its officers, employees, and agents from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any applicable law or regulation.
13. Changes to Terms
We may update these Terms at any time. Material changes will be communicated via email or in-app notice at least 14 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
14. Governing Law
These Terms are governed by the laws of the State of Nevada, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in Clark County, Nevada.