Terms of Service

1. Introduction

These Terms of Service ("Terms") govern the use of services provided by BackOnTheBooks, a service operated by Simply-Automated LLC ("Simply-Automated," "we," "us," or "our").

BackOnTheBooks provides managed, service-related SMS messaging services on behalf of business clients. Messages are sent only to existing customers regarding prior services, customer care, support, and post-service follow-up communications.

BackOnTheBooks does not provide marketing, promotional, cold outreach, referral programs, or lead-generation messaging.

By engaging our services, accessing our platform, or receiving messages sent through our systems, you agree to be bound by these Terms.

2. Description of Services

BackOnTheBooks operates as a managed messaging service provider, not a self-serve SMS broadcasting platform.

Our services may include:

• Sending service-related SMS messages on behalf of businesses
• Enforcing SMS consent and compliance standards
• Managing opt-out requests and customer communication preferences
• Monitoring inbound replies and opt-outs
• Providing activity and compliance reporting

We do not guarantee specific business outcomes, including bookings, revenue, customer engagement, or response rates.

3. Eligibility

Our services are intended only for:

• Businesses with existing customer relationships
• Lawful commercial use
• Entities operating in compliance with TCPA, CTIA guidelines, and carrier policies

Use of BackOnTheBooks for unsolicited messaging, cold outreach, promotional campaigns, affiliate marketing, or incentive programs is strictly prohibited.

4. Client Responsibilities & Consent Requirements

By engaging BackOnTheBooks, business clients represent and warrant that:

• All customer phone numbers were collected lawfully
• Affirmative SMS consent was obtained before any messaging
• Messages relate to an existing customer relationship
• Consent disclosures meet BackOnTheBooks-approved SMS language standards
• Customer data provided is accurate and current

BackOnTheBooks requires documented proof of SMS opt-in before messaging any contact and may reject or remove contacts that do not meet consent requirements.

5. Prohibited Use

Clients may not use BackOnTheBooks for:

• Purchased, rented, scraped, or harvested contact lists
• Cold outreach or unsolicited marketing
• Advertising, promotional messaging, or referral campaigns
• Harassment, spam, or deceptive practices
• Content that violates TCPA, CTIA, carrier policies, or applicable laws
• Any messaging that poses compliance, consumer harm, or carrier risk

We reserve the right to refuse service, suspend messaging, or terminate accounts if misuse or compliance risk is identified.

6. SMS Compliance & Opt-Out

All messages sent through BackOnTheBooks:

• Include clear opt-out instructions (e.g., "Reply STOP to opt out")
• Honor opt-out requests immediately
• Cease messaging unless a recipient explicitly opts back in

We may suspend or pause messaging activity to maintain compliance or protect carrier relationships.

7. Data Handling & Privacy

BackOnTheBooks processes personal data solely to provide service-related messaging on behalf of business clients.

We do not sell, rent, share, or reuse mobile data for marketing or promotional purposes.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

Our data practices are governed by our Privacy Policy, incorporated by reference.

Simply-Automated LLC acts as a data processor, while business clients remain data owners.

8. Service Availability & Modifications

We strive to maintain reliable service but do not guarantee uninterrupted availability.

We may modify, suspend, or discontinue services, including pausing messaging to maintain compliance or carrier requirements.

9. Fees & Payment

Fees are agreed upon separately with business clients.

Non-payment may result in suspension or termination.

10. Termination

Either party may terminate services subject to agreed billing terms.

We may immediately suspend or terminate services if:

• These Terms are violated
• Compliance or regulatory risk arises
• Carrier or legal enforcement requires it

11. Disclaimers

Services are provided "as is" and "as available."

We do not guarantee message delivery, carrier acceptance, or business outcomes.

12. Limitation of Liability

To the fullest extent permitted by law, Simply-Automated LLC shall not be liable for indirect or consequential damages.

Total liability shall not exceed fees paid in the three (3) months preceding a claim.

13. Indemnification

Clients agree to indemnify Simply-Automated LLC and BackOnTheBooks from claims arising from:

• Improper or insufficient SMS consent
• Client-provided data or message content
• Violations of applicable messaging laws or carrier rules

14. Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania.

15. Changes to These Terms

We may update these Terms from time to time. Continued use constitutes acceptance.