1. Introduction
Welcome to AutoSMS ("the App"), operated by EliasCorp ("we," "our," or "us"). By downloading, installing, or using the App, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the App.
2. Description of Service
AutoSMS is a utility application that allows users to schedule and automate the sending of Short Message Service (SMS) text messages from their Android device.
3. Carrier Fees and Charges
You acknowledge that AutoSMS is not a messaging service provider. The App utilizes your device’s native SMS capabilities and your mobile carrier plan to send messages.
- Standard Rates Apply: Any text messages sent via AutoSMS are subject to the standard SMS rates and limits of your mobile carrier plan.
- International Fees: You are solely responsible for any international messaging fees incurred if you schedule messages to foreign numbers.
- Data Charges: Use of the App may require an internet connection for certain features (e.g., feedback submission, updates), which may incur data charges.
4. Automation and Reliability (The "No Warranty" Clause)
AutoSMS is provided on an "AS IS" and "AS AVAILABLE" basis. We explicitly disclaim all warranties regarding the reliability of scheduled messages. You acknowledge that:
- Android Restrictions: The Android Operating System (OS), battery optimization settings, or third-party "task killer" apps may stop the App from running in the background, causing scheduled messages to fail or be delayed.
- No Emergency Use: You agree NOT to use this App for critical safety, medical, emergency, or time-sensitive communications where a failure to send could result in injury, death, or financial loss.
- Signal Dependence: The App requires active cellular service to send messages. Messages will not send if your device is off, in airplane mode, or out of range.
5. User Responsibilities
You are solely responsible for the content of the messages you automate. You agree NOT to use the App to:
- Send spam, unsolicited marketing, or bulk messages in violation of anti-spam laws (e.g., CAN-SPAM, GDPR, Spam Act 2003).
- Harass, bully, threaten, or defame any person.
- Impersonate others or engage in phishing activities.
We reserve the right to terminate your access to the App if we discover you are using it for illegal or abusive purposes.
6. Limitation of Liability
To the fullest extent permitted by law, EliasCorp shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits or revenue (e.g., missed business appointments).
- Data loss.
- Failures in message delivery.
- Emotional distress caused by failed or incorrect messages.
Our total liability for any claim arising out of these Terms or the App shall not exceed the amount you paid (if any) to use the App.
7. Intellectual Property
The App, including its source code, design, logos, and "AutoSMS" branding, is the property of EliasCorp and is protected by copyright and intellectual property laws.
- Open Source Competition: If specific components of the code are released under an Open Source license (e.g., GPLv3), the terms of that specific license apply only to the source code, not to the EliasCorp brand identity or trademarks.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Victoria.
9. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of significant changes by updating the "Last Updated" date at the top of this document. Continued use of the App constitutes acceptance of the new Terms.
10. Contact Us
If you have any questions about these Terms, please contact us at:
Website: https://eliascorp.org/autosms
Developer Contact: contact@eliascorp.org