Phoneless

Terms of Service

Last updated: July 3, 2026

These Terms of Service (“Terms”) are a binding agreement between you (“you”, “your”, or “Customer”) and Inclusive Consulting, doing business as Phoneless (“Phoneless”, “we”, “us”, or “our”), governing your access to and use of the Phonelesssoftware, websites, and related services (the “Service”). By creating an account, purchasing a subscription, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. What the Service is (and is not)

Phoneless is a software tool that helps you send and receive SMS text messages through your own mobile device(s), SIM card(s), and mobile carrier plan(s), and to connect that messaging to your own third-party accounts (such as GoHighLevel). You supply the phone, the SIM, and the carrier service.

We are not a telecommunications carrier, mobile network operator, or messaging aggregator. We do not sell phone numbers, SIM cards, or carrier service, and we do not originate or transmit messages on your behalf across a carrier network. Message delivery depends on your device, your SIM, your carrier, and factors outside our control. We do not guarantee that any message will be delivered, delivered on time, or delivered without error.

2. Eligibility & accounts

You must be at least 18 years old and able to form a binding contract. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms. You are responsible for the accuracy of your registration information, for keeping your credentials secure, and for all activity under your account.

3. Acceptable use & messaging compliance

You are solely responsible for the messages you send, for the recipients you send them to, and for obtaining any consent the law requires. You agree that you will, at all times:

  • Comply with all applicable laws, rules, and industry standards, including (as applicable) the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, CTIA messaging principles, and your mobile carrier’s terms and acceptable-use policies.
  • Obtain prior express consentfrom recipients before messaging them, maintain records of that consent, and honor opt-out requests (such as “STOP”) promptly.
  • Not send spam, bulk unsolicited messages, or content that is unlawful, fraudulent, deceptive, harassing, hateful, or that violates the rights of others.
  • Not send content prohibited by carriers, including messages related to sex, hate, alcohol, firearms, or tobacco (“SHAFT”) except where permitted and properly age-gated, and no illegal drugs, illicit financial schemes, phishing, or malware.
  • Not use the Service to violate any third party’s terms (including GoHighLevel or your carrier), and not attempt to disrupt, reverse engineer, or gain unauthorized access to the Service.

You acknowledge that misuse of messaging can result in your carrier suspending or terminating your line or blocking your number, and that any such consequence is your responsibility, not ours.

4. Your devices, SIMs, and carrier accounts

You are responsible for your own hardware, SIM cards, carrier plans, and any associated charges (including message, data, and roaming fees). You are responsible for keeping your device online and compliant with your carrier’s terms. We are not liable for any device malfunction, SIM deactivation, carrier action, number loss, or charges you incur.

5. Third-party services

The Service integrates with third-party platforms you choose to connect (for example, GoHighLevel for CRM data and Square for payment processing). Your use of those platforms is governed by their own terms and privacy policies. We are not responsible for third-party services, their availability, or their acts or omissions.

6. Subscriptions, billing, and taxes

Paid plans are billed on a recurring monthly basis, in advance, through our payment processor (Square). By subscribing, you authorize us to charge your payment method on each renewal until you cancel. Subscriptions automatically renew unless cancelled before the renewal date. Prices may change on a going-forward basis with notice. You are responsible for any applicable taxes. Cancellations and refunds are governed by our Refund & Cancellation Policy.

7. Intellectual property

The Service, including its software, design, and content, is owned by Inclusive Consulting and its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during your subscription. You retain ownership of the data and content you provide; you grant us the limited rights needed to operate and provide the Service to you.

8. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT MESSAGES WILL BE DELIVERED.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHONELESS AND ITS OWNERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless Inclusive Consultingand its owners and employees from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your messages or content; (b) your use of the Service; (c) your violation of these Terms or applicable law (including TCPA, CAN-SPAM, or carrier rules); or (d) your violation of any third party’s rights.

11. Suspension & termination

You may cancel at any time as described in the Refund & Cancellation Policy. We may suspend or terminate your access, with or without notice, if we reasonably believe you have violated these Terms, created legal or security risk, or failed to pay. Upon termination, your right to use the Service ends; sections that by their nature should survive (including Sections 6–10 and 12) will survive.

12. Governing law & disputes

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-laws rules. You agree that the state and federal courts located in the State of Florida, United States will have exclusive jurisdiction, and you consent to venue there, except that either party may seek injunctive relief in any court of competent jurisdiction.

13. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, take reasonable steps to notify you. Your continued use of the Service after changes take effect constitutes acceptance.

14. Contact

Questions about these Terms? Contact us at help@smartcallcenters.com.