Effective date: January 1, 2026 · Version 1.0
These Terms of Service ("Terms") govern your use of the Elevated SMS Marketing platform (the "Service"). The Service is provided by Dylan Pollock, a sole proprietor doing business as Elevated SMS Marketing, registered in the Province of Ontario, Canada (the "Owner", "we", "us"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
You must be at least 18 years old and authorized to bind the business you represent. The Service is sold to businesses, not consumers, and may not be used for personal, family, or household purposes.
You are responsible for the accuracy of the information you provide and for keeping your password confidential. You are liable for all activity under your account. Notify us immediately at dpollock@elevatedsmsmarketing.com if you suspect unauthorized access.
You agree not to use the Service to:
You alone are responsible for ensuring every contact in your lists has given prior express written consent to receive marketing or transactional SMS from your business, in accordance with the TCPA, CAN-SPAM, CASL, GDPR/UK GDPR (where applicable), and any other applicable laws.
You agree to:
You will indemnify us in full for any TCPA, CASL, CAN-SPAM, FTC, FCC, CRTC, provincial-regulator, carrier, or class-action claim arising out of your messaging activity.
Subscription plans are billed monthly in advance through Stripe. Each plan grants a fixed number of monthly SMS credits. Top-up credits purchased separately do not expire and roll over. Monthly plan credits do not refund. All fees are in U.S. dollars unless otherwise stated and exclude taxes (including HST/GST), which you are responsible for.
You may cancel at any time from your dashboard or by emailing us. Cancellation takes effect at the end of the current billing period. We do not provide partial refunds for unused credits or unused time.
New accounts receive a one-time $3.00 trial credit balance valid for 14 days. The trial balance is automatically removed after 14 days regardless of usage. The trial is for evaluation only and may not be used to send commercial campaigns at scale.
If you initiate a chargeback dispute with your bank, we may immediately suspend your account, retain your contact lists in a frozen state, and require payment of all outstanding amounts plus a $25 administrative fee before reinstatement.
We may suspend or terminate your account at any time, with or without notice, if (a) you violate these Terms, (b) we receive a credible report that your messaging is non-compliant, (c) a carrier or aggregator instructs us to, or (d) your payment fails and is not cured within 7 days. On termination, your right to use the Service ends; we will delete your data within 30 days unless required by law to retain it.
We retain all rights, title, and interest in the Service. You retain all rights in your contact data and message content. You grant us a limited license to process that data solely to operate the Service.
The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied. We do not guarantee delivery of any specific message, uninterrupted service, or specific business results. Carrier filtering and message blocking are outside our control.
To the maximum extent permitted by law, our aggregate liability for any claim arising out of or relating to the Service shall not exceed the greater of (a) the amount you paid us in the three (3) months preceding the claim, or (b) one hundred Canadian dollars (CAD $100). We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost revenue, lost data, or business interruption.
You will defend, indemnify, and hold harmless the Owner from any claim, loss, liability, judgment, fine, or expense (including reasonable legal fees) arising out of (a) your use of the Service, (b) your messaging content or recipient lists, (c) your violation of these Terms, or (d) your violation of any law or third-party right.
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Before filing any claim, you agree to first attempt to resolve the dispute informally by sending written notice to dpollock@elevatedsmsmarketing.com and negotiating in good faith for thirty (30) days. If the dispute is not resolved informally, it shall be resolved by final and binding individual arbitration administered under the ADR Institute of Canada's Arbitration Rules, with the seat of arbitration in Ottawa, Ontario. The arbitration shall be conducted in English by a single arbitrator. You and the Owner waive any right to a jury trial or to participate in a class, consolidated, or representative action. Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual-property rights, and either party may bring claims that fall within the jurisdictional limits of small claims court in Ontario.
We may update these Terms from time to time. Material changes will be announced by email or in-app notice at least 7 days before they take effect. Continued use after the effective date constitutes acceptance.
Elevated SMS Marketing — Dylan Pollock, Sole Proprietor — Ontario, Canada — dpollock@elevatedsmsmarketing.com.
© 2026 Elevated SMS Marketing. All rights reserved. Questions? dpollock@elevatedsmsmarketing.com.