Terms & Conditions
Last updated: October 20, 2026
These Terms & Conditions (“Terms”) govern your use of the Simcha SMS website and services. The service is operated by Simcha SMS Inc., 15 Forest Road, Monroe, NY 10950 (“Simcha SMS,” “we,” “us,” or “our”).
By using the website, submitting an order, or purchasing a design, you agree to these Terms. Consent to receive text messages is separate, is given only by ticking the unchecked SMS consent box, and is never a condition of purchase. If you do not agree to these Terms, do not use the service.
1. Our Services
Simcha SMS provides customized invitation and poster designs, digital design delivery, and opt-in text-message alerts. Features and availability may change as the service develops.
The service includes order and download notices by email and, if you opt in, text-message alerts about your account, orders, downloads, customer support, and designer updates. Under our current service plan, we do not send promotional or marketing SMS messages to customers, and we do not send text messages to guests on behalf of customers.
We may refuse, suspend, or restrict an order or messaging activity when reasonably necessary to address unlawful activity, suspected abuse, missing consent, security concerns, provider restrictions, or violations of these Terms.
3. Orders and Customer Information
You must provide accurate information reasonably necessary to complete your order, which may include your name, email address, phone number, event date, timing, venue, street address, invitation wording, and the names appearing on the design.
You are responsible for reviewing the information you submit. Simcha SMS is not responsible for errors caused by inaccurate or incomplete customer-provided information, except where applicable law requires otherwise or the error is caused by Simcha SMS.
We may contact you to clarify incomplete or unclear information before proceeding. An order may be delayed if required information or approval is missing.
4. Design Previews and Approval
Before payment, you can review a watermarked preview of your design. You should carefully check all names, spelling, dates, times, addresses, event details, wording, and layout before you pay.
Paying confirms that you have reviewed the preview and authorized the design to proceed, subject to the wording-edit window and the corrections and remedies described in these Terms.
Paying does not waive any rights that cannot legally be waived, and it does not excuse Simcha SMS from correcting errors caused by Simcha SMS.
5. Prices and Payments
Prices and applicable charges will be presented during the ordering or checkout process. Payment is processed through checkout integrated into our website using Stripe.
Payment is subject to Stripe's applicable terms and payment authorization requirements. Card details are entered into fields provided by Stripe and go directly to Stripe; we do not collect or store full payment-card numbers. We keep a record of each order and its payment status.
The clean download is available only after the required payment is successfully confirmed. If a payment is declined, reversed, disputed, or not confirmed, we may pause work or delivery while the issue is resolved, subject to applicable law and payment-network rules.
6. Digital Delivery and Download Links
Completed designs are delivered through a private website page or download link tied to your order. Delivery is digital only; no physical print or shipment is included. Keep your download link confidential and do not share it.
If you lose access to your file or experience a legitimate download problem, contact sales@simchasms.com with your order details. After verifying the customer and order, support will help you get your file. Download access is for the original order and may not be used to distribute or resell the design.
We use reasonable efforts to make delivery available, but we cannot guarantee uninterrupted website availability, compatibility with every device or software application, or that a link will never experience a technical problem.
7. Corrections and Revisions
After payment, you can change the wording of your finished design yourself for 30 minutes at no charge. After that, the wording is locked.
Simcha SMS will correct errors caused by Simcha SMS without charging the customer for those corrections. We do not charge fees for revisions. Requests for changes after the 30-minute window may be reviewed case by case; email sales@simchasms.com.
A correction for an error caused by Simcha SMS is distinct from a new preference, a change in event details after the wording is locked, or a request for a different design.
8. Refunds and Cancellations
Designs are personalized digital downloads, and payment is required before the clean download is available. After you pay, orders are generally non-refundable, except where a refund or other remedy is required by law or appropriate for a qualifying service failure. An order that has not been paid for is not completed and no download is released.
Refund requests are reviewed based on the circumstances, including the work completed, the reason for the request, payment status, and whether Simcha SMS can reasonably correct the issue.
Where appropriate, Simcha SMS may offer a correction, another reasonable remedy, or a refund. Approved refunds are returned to the original card through Stripe. Nothing in these Terms excludes or limits consumer rights that cannot legally be excluded or limited.
To request a review, email sales@simchasms.com with the order details and a description of the issue.
9. Chargebacks and Payment Disputes
If a payment is disputed or a chargeback is filed, we may review the order, transaction records, and delivery status and provide relevant information to Stripe or the applicable payment provider. We will not use this provision to interfere with rights that applicable law or payment-network rules preserve.
10. Intellectual Property
Simcha SMS retains ownership of its underlying templates, design systems, reusable design elements, and other materials it owns or licenses, subject to third-party rights and the specific terms of any applicable license.
After payment, the customer receives a limited, non-exclusive right to use the completed personalized invitation or poster for its intended personal simcha-related purpose. This does not transfer ownership of the underlying template or assets.
You may not resell or redistribute the design as a product, offer the underlying template for sale, or claim ownership of Simcha SMS's underlying materials. You may share the completed invitation for its intended event-related purpose.
We may reuse general templates and non-personalized design elements. We will not reuse customer personal details or a customer's personalized finished design without permission, except where necessary to provide the service, comply with law, or exercise or defend legal claims.
Third-party fonts, images, and other licensed materials remain subject to their respective licenses.
11. Customer Content and Permissions
You are responsible for the text, names, images, or other content you ask us to include or send us. You represent that you have the rights, permissions, and authority necessary to provide and use that content for the requested purpose.
You must not submit content that infringes another person's rights, violates law, is fraudulent, or is otherwise prohibited by these Terms. Simcha SMS may reject, remove, or restrict disputed or apparently unlawful content.
You authorize Simcha SMS to use the submitted content as reasonably necessary to prepare and deliver the ordered design and operate the requested service.
12. SMS Invitations and Guest Consent
Simcha SMS does not send text messages to guests or other recipients on behalf of customers and does not accept guest phone numbers or contact lists. Text messages are sent only to a person who opts in with their own mobile number at simchasms.com/messages or by replying START, as described in our SMS Messaging Terms & Policy.
You may not use Simcha SMS to send messages where required consent is missing or where the messages would be unlawful or unwanted.
If you reply STOP or otherwise revoke consent, Simcha SMS will suppress future messages to that number unless you validly opt back in.
If someone complains that a message was sent without permission, we may immediately suppress further messages to the number while investigating.
13. Prohibited Uses
You must not use Simcha SMS to:
- Send unlawful, fraudulent, deceptive, abusive, or unauthorized messages.
- Send messages without consent required by applicable law, provider rules, or the approved messaging use case.
- Evade opt-outs, suppression controls, or messaging restrictions.
- Submit a phone number that is not yours or that you do not have permission to use for text messages.
- Send spam, marketing, reminders, or unrelated messages through a workflow not authorized for those purposes.
- Infringe intellectual-property, privacy, publicity, or other rights.
- Interfere with service security or attempt unauthorized access.
We may investigate suspected violations and suspend or terminate access to affected workflows when reasonably necessary.
14. Third-Party Providers and Service Availability
Our service relies on third parties, including Stripe for payments and Twilio for SMS messaging, as well as website hosting, database, email, and other service providers.
We do not control carrier networks, recipient devices, third-party outages, filtering, or delivery delays. We use reasonable efforts to provide the service, but we do not guarantee uninterrupted operation, successful delivery of every text, a specific delivery time, or continued availability of any third-party provider.
Carrier charges or message-and-data rates may apply to SMS recipients under their wireless plans.
15. Privacy
Our handling of personal information is described in our Privacy Policy, available at https://simchasms.com/privacy. By using the service, you acknowledge that Policy. Any consent required by law is separate and is not created merely by acknowledging the Privacy Policy.
16. Copyright and Other Complaints
To submit a copyright, intellectual-property, privacy, or messaging complaint, contact sales@simchasms.com. Please identify the disputed material or message, explain the concern, and provide enough information for us to investigate.
We will review credible complaints and may restrict or remove disputed material or suspend related messaging while investigating. Nothing in this section represents that Simcha SMS qualifies for any particular statutory safe harbor.
17. Disclaimers
The website, the designs and Simcha SMS Alerts are provided “as is” and “as available”. To the fullest extent the law allows, we do not make any promise or warranty, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
We do not promise that the website will always be available or error-free, that a download link will never have a technical problem, that a file will look identical on every screen or printer, or that every text message will be delivered or delivered on time.
What we do promise: after you pay, you can use your private download link again whenever you need your file; for 30 minutes after payment you can change the wording yourself at no charge; we will correct errors that we caused at no charge; and if we cannot fix a problem or you were charged in error, we will review a refund, which would go back to your original card through Stripe.
Nothing here removes any warranty or right that the law does not allow us to remove.
18. Limitation of Liability
To the fullest extent the law allows, Simcha SMS Inc., its owners, employees and service providers (together, “we”) are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data or lost opportunities, arising from your use of the website, the designs, or Simcha SMS Alerts. This includes harm from a misspelled name, wrong date or wrong address that you approved or typed yourself, an event that goes badly, or an invitation that is printed or shared late.
To the fullest extent the law allows, our total liability for any claim connected with an order is limited to the amount you paid for that order. For claims not connected with an order (for example, the text-message program, which is free), our total liability is limited to US$100.
Designs are sold as digital files. We are not responsible for printing, printers, paper, ink, or how a file looks on a particular device or printer. We are also not responsible for the acts of designers or other third parties, or for carriers, Stripe or other providers we do not control.
Some places do not allow certain limits, so parts of this section may not apply to you. Nothing in these Terms limits liability that cannot legally be limited, including for fraud, or for death or personal injury caused by our negligence, or any consumer right that cannot be waived.
19. Indemnification
You agree to defend and reimburse Simcha SMS Inc. for reasonable losses, costs and legal fees from a third-party claim that comes from: (1) wording, names, pictures, fonts or other material you give us or put into a design, if you did not have the right to use it; (2) your use of a design or file in a way these Terms do not allow, such as reselling it or sharing your download link; (3) a phone number you give us that is not yours or that you had no permission to use; or (4) your breach of these Terms or the law.
Designers. If you are a designer, you also agree to reimburse us for third-party claims that artwork, fonts or other material you upload is not yours to license, or infringes someone's rights. You keep ownership of what you created; we only use it to show and sell your designs.
We will tell you promptly about any claim, and you may not settle it in a way that binds us without our written consent. This section does not make you pay for losses caused by our own wrongdoing, or for anything the law does not allow us to shift to you.
20. Suspension and Termination
We may suspend or terminate an order, guest-checkout session, account, or messaging workflow when reasonably necessary to investigate suspected fraud, unlawful conduct, unauthorized messaging, missing consent, security threats, provider restrictions, or a violation of these Terms.
We may also discontinue or modify features. Where appropriate, we will consider outstanding paid orders and any remedy required by law.
21. Governing Law and Disputes
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles, except where applicable law requires otherwise.
We encourage customers to contact sales@simchasms.com first so that the parties can attempt to resolve a dispute informally. If a dispute cannot be resolved informally, it may be brought in a court of competent jurisdiction as permitted by applicable law.
There is no mandatory arbitration requirement in these Terms. Nothing in this section waives rights or venue protections that cannot legally be waived.
22. Changes to These Terms
We may revise these Terms as our services or legal obligations change. We will post the updated version on our website and update the effective date. Where required by law, we will provide additional notice or obtain consent.
23. Contact
Simcha SMS Inc.
15 Forest Road
Monroe, NY 10950
Email: sales@simchasms.com
Contact us about orders, delivery, refunds, legal notices, copyright complaints, or these Terms.
