1. Agreement
These Terms of Service ("Terms") are an agreement between you ("you", "Customer") and Audire Inc, doing business as 8ms ("8ms", "8ms.dev", "we"), with a registered office at 1040 Partridge Place, Suite 3, Helena, MT 59602, USA. They govern your access to and use of 8ms.dev, app.8ms.dev, api.8ms.dev, gateway.8ms.dev, our Android application, and any related documentation or services (collectively, the "Service"). By signing up, installing the Android app, or otherwise using the Service, you agree to these Terms.
2. What the Service is
8ms turns Android phones that you own and operate into an SMS gateway: outbound messages composed in your 8ms dashboard or pushed via API are sent through your phone's normal carrier SMS, and inbound replies appear in your conversations inbox. We do not provide the carrier connection, the phones, the SIM cards, or the messaging consent — those are yours to provide and to keep in good standing.
3. Eligibility & account
- You must be at least 18 years old and able to enter into a binding contract.
- You must provide accurate sign-up information and keep it current.
- You're responsible for everything that happens under your account, including the actions of any team member you invite.
- If you're using the Service on behalf of an organisation, you confirm you have authority to bind that organisation to these Terms.
4. Acceptable use
You must not, and must not let anyone else, use 8ms to:
- Send messages to recipients who have not given you the consent required by the laws of their jurisdiction (including but not limited to the TCPA in the US, CASL in Canada, GDPR / ePrivacy in the EU/UK, the Spam Act in Australia).
- Send unsolicited bulk SMS, "blast" untargeted recipient lists, or otherwise send messages that a reasonable person would consider spam.
- Send content that is unlawful, fraudulent, harassing, defamatory, hateful, sexually explicit involving minors, or that violates anyone's intellectual property rights.
- Send messages soliciting reply-fraud, phishing, credential harvesting, or imitating another person or organisation.
- Send to recipients who have replied STOP / UNSUBSCRIBE / REMOVE / QUIT / END / CANCEL / OPTOUT, or otherwise opted out, regardless of channel.
- Use the Service to send Adult, Cannabis (in jurisdictions where SMS for it is restricted), Loan-shark, or Gambling content where the recipient's jurisdiction requires special licensing you do not hold.
- Reverse engineer, decompile, or attempt to extract source code from the Service except to the extent expressly permitted by law.
- Circumvent rate limits, abuse the API, or interfere with the Service's operation.
We may suspend or terminate any account we reasonably believe is violating this section, with or without notice. Carrier-level complaints about your traffic are grounds for immediate suspension.
5. Compliance is yours
8ms is a tool. The legal obligations attached to SMS marketing, transactional messaging, identity proofing, and similar use cases are yours alone. In particular:
- You represent that you have, and will retain proof of, prior express written consent from each recipient where required by law.
- You will include a meaningful sender identity and a working opt-out mechanism in any marketing message.
- You will respect recipient opt-outs immediately and persistently.
- You will not bypass the auto-detected STOP-handling logic built into 8ms.
- You indemnify 8ms against any third-party claim, regulator action, fine, or carrier penalty that arises from messages you sent through the Service.
6. Phones, SIMs, and carriers
You are responsible for the Android phones you pair to the gateway, the SIM cards or eSIM profiles you install in them, the carrier contracts that cover those SIMs, and any consequences of how those carriers respond to your traffic (rate-limiting, account suspension, SIM blocking). 8ms applies sensible default daily / monthly limits and a warmup ramp on new phones, but the ultimate responsibility for staying within carrier acceptable-use rules is yours.
7. Fees, billing, and renewals
- Plan pricing is shown at 8ms.dev/#pricing and in your account billing area.
- Subscriptions renew monthly until cancelled. You can cancel at any time from the billing area; cancellation takes effect at the end of the current billing period.
- Usage charges (overage messages, metered SMS on the usage-only plan) are billed at the close of each monthly period.
- Charges are processed by Stripe. We do not store full card numbers; Stripe handles all card data.
- All fees are in US dollars unless explicitly noted. You are responsible for any taxes that apply in your jurisdiction.
- Fees are non-refundable except where required by law. If we materially fail to deliver the Service for a sustained period, contact support for a case-by-case credit.
8. Your data
Subject to our Privacy Policy, you retain all rights to the data you upload or send through 8ms, including contact records, message bodies, and conversation history. You grant us a limited licence to host, process, and transmit that data for the purpose of providing the Service to you. We will not access your message content other than to deliver it, to power features you have enabled (such as AI reply classification), to debug a support ticket you have opened, or where required by law.
9. Our IP
The 8ms name, logo, dashboard, API, documentation, and forked Android client are our intellectual property and that of our licensors. These Terms grant you a non-exclusive, non-transferable right to use the Service while your account is in good standing. Open-source components (such as our forked Android app and gateway server, both Apache-2.0 licensed) remain governed by their upstream licenses.
10. Service availability
We aim for high availability but the Service is provided on an "as is" / "as available" basis. We do not warrant uninterrupted operation. The SMS gateway runs on independent infrastructure from the dashboard, so dashboard maintenance generally does not affect outbound delivery, but we cannot guarantee any specific uptime number unless we have signed a custom Service Level Agreement with you in writing.
11. Suspension & termination
We may suspend or terminate your account at any time if (a) you materially breach these Terms; (b) you fail to pay fees due; (c) your usage threatens the security or stability of the Service or other customers; (d) we are required to do so by law. On termination we will give you a reasonable opportunity to export your data, except where termination is due to abuse.
You may terminate at any time by cancelling your subscription and deleting your account from the billing area. Termination ends future billing but does not refund pre-paid fees except where required by law.
12. Disclaimers
Except to the extent expressly stated, the Service is provided WITHOUT WARRANTIES of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure against every attack, or that carriers will deliver every message you send.
13. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data. Our total cumulative liability under these Terms will not exceed the fees you paid us in the twelve months preceding the event giving rise to the claim. These limits do not apply to (a) your indemnification obligations under section 5; (b) breaches of section 4; or (c) fraud or wilful misconduct.
14. Indemnification
You agree to defend, indemnify, and hold harmless 8ms and its directors, employees, and agents from any claim, loss, damage, or expense (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any law or third-party right (including the consent and opt-out obligations in section 5).
15. Governing law
These Terms are governed by the laws of the State of Montana, United States of America, without regard to its conflict-of-laws principles. Disputes arising under or in connection with these Terms will be resolved exclusively in the state and federal courts located in Lewis and Clark County, Montana, except that either party may seek injunctive relief in any court of competent jurisdiction.
16. Changes
We may revise these Terms from time to time. Material changes will be notified to account owners by email at least 14 days before they take effect. Continued use of the Service after the effective date of a revision constitutes acceptance.
17. Contact
Questions about these Terms: legal@8ms.dev. General support: support@8ms.dev.