SMS terms and conditions: A tool for staying compliant and building trust
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Always consult with a qualified attorney for guidance tailored to your business and jurisdiction.
SMS marketing remains one of the most direct and effective ways to connect with customers. But with power comes responsibility: businesses must ensure every message is sent in line with regulations and user expectations. That’s why having robust SMS terms and conditions isn’t just a good practice—it’s a necessity for compliance and customer trust. Whether you’re sending promotions, alerts, or transactional notifications, this guide will cover why clarity in your SMS terms and conditions is essential and provide a ready-to-use SMS terms and conditions template to keep you compliant.
What are SMS terms and conditions (and why should you care)?
SMS terms and conditions are the “rules of engagement” between you (the business) and your subscribers. They outline what users can expect from your SMS program, the frequency of messages, how to opt in or out, potential costs, and how their data is handled. In simple terms: just as you wouldn’t start a business relationship without clear communication, you shouldn’t start an SMS conversation without clear terms and conditions.
Your SMS terms of service should explicitly detail both the scope of your products or services and how users’ personal information will be used for sending messages to their mobile phone number.
For every marketer, campaign strategist, or customer engagement specialist, clearly stated SMS terms and conditions ensure your outreach is legal, transparent, and trustworthy—which keeps your campaigns running smoothly and your audience engaged.
Why SMS terms and conditions matter
Failing to set out clear SMS terms and conditions can have severe consequences:
Legal risks and fines: Non-compliance with applicable laws and regulations like the TCPA (US), GDPR (EU), or other regional laws can lead to heavy fines and litigation.
Reputational damage: Mishandling customer consent can result in negative publicity, eroding brand trust.
Operational headaches: Mobile carriers or SMS platforms may block your campaigns if you don’t meet industry requirements.
Reduced conversions: If users don’t know how to opt in or out, they’re less likely to engage or may mark your messages as spam—hurting deliverability.
Some terms and conditions agreements also include a section outlining intellectual property rights pertaining to content distributed by SMS or on your mobile app, as well as limitations of liability protecting the business in the event of disputes.
Job roles that benefit from effective terms and conditions
- Integrated Marketing Managers need consistent, compliant messaging at scale.
- Digital Campaign Strategists must segment and time campaigns within legal guidelines.
- Customer Engagement Specialists want to grow trust – without legal mistakes.
- Sales Enablement Managers face lower conversions if terms aren’t clear.
- Data & Analytics Leads struggle when consent tracking is missing or messy.
Simply put – clear and compliant SMS terms and conditions are the foundation for safe, effective text communication throughout a business.
Key components of effective SMS terms and conditions
To keep both your business and subscribers protected, every SMS terms and conditions text should include the following elements:
- Pricing disclaimers: Warn about possible charges (“Message and data rates may apply.”).
- Privacy policy link: Show how user data is used (“See our Privacy Policy: [URL].”).
- Customer support details: Provide contact information for getting in touch with your support team.
- Full terms access: Provide a link or a way to view your complete T&Cs.
You may also wish to utilize a terms and conditions generator to help ensure your agreements are comprehensive and in line with applicable laws, including but not limited to consumer protection and privacy regulations.
Including these items makes it easy for customers to understand their rights, building trust and meeting compliance standards.
SMS terms and conditions examples
Here are some examples of genuine Terms and Conditions used by companies.
From a communications company based in the United States:
“By subscribing, you agree to receive recurring automated marketing messages from [Brand] at the phone number provided. Consent is not a condition of purchase. Message & data rates may apply. Reply STOP to unsubscribe. See our Privacy Policy: [link].”
From a global consultancy in the mining and engineering sector:
“Sign up for [Brand] SMS to receive exclusive offers and updates. Text HELP for help, STOP to cancel. Up to 10 msgs/month. Msg/data rates may apply. Terms: [short URL] Privacy Policy: [URL].”
Other examples may also reference governing law to establish which legal jurisdiction applies to the SMS terms of service, in addition to defining rights around intellectual property for any content delivered through a mobile app associated with your products or services.
What makes these examples effective?
- Simple, user-friendly language
- Clear opt-out instructions
- Direct links to terms and privacy policies
SMS compliance terms and conditions template
Here is an SMS terms and conditions template that you can use as a starting point – however you should always seek legal advice and customize for your business and region:
[BRAND NAME] SMS Program Terms & Conditions.
By opting in, you agree to receive [describe purpose: e.g., promotional, transactional] SMS messages from [BRAND NAME] regarding our products or services.
Message Frequency: Up to [X] messages per [week/month].
Opt-In: Text [KEYWORD] to [SHORT CODE/NUMBER] to subscribe using your mobile phone number.
Opt-Out: Text STOP to [SHORT CODE/NUMBER] at any time to unsubscribe.
Help: Text HELP for help or contact [support email/phone].
Charges: Message and data rates may apply.
Privacy: Your personal information will be processed in accordance with applicable laws and our Privacy Policy.
Intellectual Property: All content provided via SMS is protected by intellectual property laws and may not be reproduced without permission.
Limitations of Liability: [BRAND NAME] is not liable for any delays, delivery failures, or damages, including but not limited to losses arising from use of the SMS service.
Governing Law: This agreement shall be governed by the laws of [Jurisdiction].
Full Terms: [short URL to complete terms]
How to customize the template
- Adjust message frequency to suit your program.
- Ensure compliance with local laws (add notes for international audiences).
- Update privacy policy URL and support information as needed.
- For complex use cases, consider using a reputable terms and conditions generator to cover all legal aspects.
Crafting SMS terms and conditions using Infobip’s services
Infobip’s SMS platform makes compliance easy. Here’s how our solutions help you set up, manage, and track SMS terms and conditions at scale:
- Pre-built template library: Start with compliant opt-in, opt-out, and SMS terms of service texts.
- Consent logging and tracking: Every subscriber’s consent is recorded—perfect for audits or compliance checks.
- Regional compliance features: Automatically adapt terms by user location for GDPR, TCPA, and more.
- User-friendly opt-in management: Easily customize and update terms via a centralized dashboard, including for communications sent via a mobile app.
- Reporting & analytics: Track opt-ins, opt-outs, and the impact of terms clarity on campaign success.
Using our services, Marketing managers can ensure consistent language across all markets. Data leads can integrate consent logs directly with business intelligence tools. Sales and retention teams can use our plug-and-play frameworks to accelerate campaign launches.
If you’re providing SMS features via a mobile app or different channels, ensure all users are presented with the appropriate terms and conditions agreement when they submit their mobile phone number or other personal information
Well-crafted SMS terms and conditions are non-negotiable for compliant, successful text marketing. They protect your business from legal risks, keep customers informed, and build the trust that’s needed for true engagement. Use the provided SMS terms and conditions template to start, and remember – up-to-date terms, clear instructions, and robust data tracking make all the difference.
FAQs
Yes. SMS programs require specific disclosures and consent separate from general site terms and a dedicated SMS terms of service section.
Review your terms at least annually, or whenever your messaging practices or regulations change, especially if changes affect your products or services.
Express written consent is generally needed, particularly for promotional content. Double opt-in is strongly recommended and should be documented for each mobile phone number.
On your website (linked from the sign-up form), within confirmation SMS messages, and at any main touchpoint where users may opt in, including your mobile app if applicable.
Users can reply STOP (or another specified keyword) at any time. Always include this instruction in your SMS terms of service and clarify it within your limitations of liability section.
Absolutely – we can automate consent collection, opt-out processing, and compliance reporting, ensuring that your personal information handling practices align with all applicable laws.
Want SMS compliance peace of mind?
Contact Infobip today to get started with our comprehensive SMS solutions.
