Effective Date: September 1, 2025
This User Agreement ("Agreement") governs your access to and use of the SMS forwarding and messaging services provided by CodeFWD ("Company," "we," "our," or "us"). By registering for or using the Service, you agree to be bound by this Agreement. If you do not agree, you must not use the Service.
1.1 The Service allows you to:
1.2 Company acts as a technical conduit with respect to forwarded third-party content and assumes no responsibility for its legality, accuracy, or compliance.
2.1 Ownership of Numbers. You represent and warrant that you are the rightful owner of, or have full legal rights to, the numbers you register.
2.2 Compliance. You are solely responsible for ensuring compliance with all applicable laws, regulations, and carrier requirements, including but not limited to:
2.3 Consent. You represent and warrant that you have obtained all required consents from recipients of any marketing or transactional messages that you cause to be forwarded or originated.
2.4 Opt-Outs. You are solely responsible for managing and honoring opt-out requests related to third-party senders whose messages you forward.
3.1 Forwarded Messages. If a recipient replies STOP to a forwarded third-party message, Company will block future forwarding from our system to your destination number. However, this will not unsubscribe the recipient from the original sender's list. You are responsible for contacting the sender directly to manage opt-outs.
3.2 Originated Messages. If a recipient replies STOP to messages originated by Company, we will honor that request as required by law and confirm via a single opt-out confirmation message. You will no longer receive marketing messages from Company.
3.3 Transactional Messages. Even if you opt out, Company may continue to send you necessary transactional communications related to your account, including billing notices, service updates, and security alerts, to the extent permitted by law.
4.1 You acknowledge that forwarded messages may include unsolicited, unlawful, or offensive content.
4.2 Company does not alter, review, endorse, or moderate message content and expressly disclaims any responsibility for such content.
5.1 Standard carrier message and data rates may apply.
5.2 You are solely responsible for all fees and charges related to messages sent or received through the Service.
6.1 The Service is provided "as is" and "as available" without warranties of any kind, express or implied.
6.2 Company makes no guarantees regarding the timeliness, reliability, security, or error-free delivery of messages.
7.1 To the fullest extent permitted by law:
7.2 TCPA Allocation. All liability for TCPA statutory damages ($500–$1,500 per violation) arising from forwarded third-party messages rests solely with you and/or the original sender.
7.3 If any statutory damages are imposed on Company, they shall be capped at the lesser of (i) actual damages incurred, or (ii) fees paid by you in the preceding three (3) months.
You agree to defend, indemnify, and hold harmless Company, its affiliates, officers, employees, and agents from any claims, damages, fines, penalties, or expenses (including attorney fees) arising from:
Company may suspend or terminate your access immediately, without notice, if you violate this Agreement, if required by law or carriers, or if your use exposes Company to legal liability.
This Agreement shall be governed by and construed under the laws of the State of Virginia, without regard to conflicts of law principles.
11.1 Mandatory Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the Service shall be resolved exclusively by binding arbitration, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
11.2 Individual Basis Only. Arbitration shall proceed solely on an individual basis. You agree not to bring a claim as a plaintiff or class member in a class, consolidated, or representative action.
11.3 Waiver of Jury Trial. Both parties waive the right to a jury trial or to participate in a class action.
11.4 Arbitration Venue. Unless otherwise required by law, arbitration shall take place in Virginia.
11.5 Small Claims Exception. Either party may bring an individual claim in small claims court in Virginia for disputes within that court's jurisdiction.
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
This Agreement constitutes the entire agreement between you and Company regarding the Service and supersedes all prior or contemporaneous agreements.