Terms of Service

1. Acceptance of Terms

By signing up for or using Smart Text Back, you agree to these Terms of Service. If you do not agree, you may not use the service. Smart Text Back is operated by 95Visual, based in Bakersfield, California.

2. Description of Service

Smart Text Back is a missed call text back platform that automatically sends SMS messages to callers when their call goes unanswered, and provides two-way SMS messaging, review monitoring, and related communication tools. The service works with your existing business phone number through conditional call forwarding.

3. Pricing and Billing

Smart Text Back is priced at $297 per month with a one-time $1,000 setup fee. The monthly subscription is billed in advance. The setup fee is charged at the time of onboarding and is non-refundable once setup work has begun.

SMS carrier usage charges apply on top of the monthly fee. These charges are billed at carrier rates and vary based on your message volume. Current usage rates are available upon request.

4. Cancellation

You may cancel your subscription at any time by contacting us at +1 (661) 964-4222. Cancellation takes effect at the end of the current billing cycle. The setup fee is non-refundable. See our Privacy Policy for data retention information after cancellation.

5. Your Responsibilities

• You are responsible for all SMS content sent through the platform, including automated messages and manual replies.
• You must comply with all applicable laws, including the TCPA, when sending SMS messages through the platform.
• You must honor opt-out requests from recipients promptly. Recipients can opt out by replying "STOP."
• You must provide accurate business information during setup.
• You are responsible for maintaining the security of your account credentials.

6. Acceptable Use

You agree not to:

• Use the platform to send unsolicited marketing messages to people who have not contacted your business
• Use the platform for any illegal or fraudulent purpose
• Attempt to access, disrupt, or compromise the platform's security
• Resell or sublicense the service without written permission
• Send content that is harassing, threatening, or defamatory

7. SMS Compliance

Smart Text Back is designed to respond to individuals who have initiated contact with your business by calling your phone number. The FCC has held that knowingly providing a phone number can constitute an invitation to be contacted. However, you must:

• Identify your business in your text messages
• Honor opt-out requests immediately and in any reasonable manner (per the FCC's 2025 Opt-Out Rule)
• Not use the platform for marketing blasts without proper consent
• Complete A2P 10DLC registration as required by your carrier

This is general information, not legal advice. Consult with a qualified attorney for guidance on your specific compliance obligations.

8. Intellectual Property

The Smart Text Back platform, including its software, design, branding, and content, is the property of 95Visual. You retain ownership of all SMS content you send through the platform and your customer contact data.

9. Limitation of Liability

Smart Text Back and 95Visual are not liable for indirect, incidental, or consequential damages arising from the use of the platform. Our total liability is limited to the amount you have paid in the preceding 3 months. We are not liable for missed messages, carrier delivery failures, or third-party service disruptions.

10. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted service. The platform depends on third-party carriers and phone providers. Scheduled maintenance and occasional outages may occur.

11. Changes to These Terms

We may update these Terms of Service from time to time. We will notify active customers of material changes via email. Continued use of the service after changes constitutes acceptance of the updated terms.

12. Governing Law

These Terms are governed by the laws of the State of California. Any disputes will be resolved in the courts of Kern County, California.

13. Contact

For questions about these Terms, contact us:

Smart Text Back (operated by 95Visual)
Bakersfield, California
Phone: +1 (661) 964-4222