These Terms of Use ("Terms") govern your access to and use of the ESMS Android application ("ESMS", "the App"), published by Vidar Lindgren ("we", "us", "our"). By downloading, installing, or using ESMS, you agree to these Terms. If you don't agree, don't use the App.
ESMS lets you compose a text message and a recipient number in advance. The App stores that message on your device and monitors your phone's signal state. When signal becomes available, ESMS attempts to send the message as a standard SMS, optionally attaching your last known device location and optionally retrying automatically in SOS mode.
Individual, non-commercial use is free. You may install and use ESMS on your personal devices at no cost, for personal, non-commercial purposes.
Business and commercial use requires a separate license. This includes, without limitation: deploying ESMS across an organization or fleet of devices, bundling or integrating ESMS into another product or service, using ESMS as part of a paid offering, or any other use intended for commercial advantage. Contact us via the enterprise licensing form to arrange this.
The underlying source code, where published, is made available under the license described on our License page, which takes precedence over this section for anything related to redistributing or modifying the source code itself.
SMS delivery depends on factors outside our control: carrier networks, device settings, airplane mode, SIM status, roaming agreements, and the recipient's device. We do not guarantee that any message will be delivered, delivered on time, or delivered at all. ESMS is provided on a best-effort basis.
If you enable "Attach location," ESMS reads your device's last known position at the time you write a message and includes it in the outgoing SMS. This happens on-device; see our Privacy Policy for details on how location and other data are handled.
The ESMS name, logo, and app branding are owned by Vidar Lindgren. The Terms don't grant you any right to use our branding except to accurately refer to the App.
ESMS is provided "as is" and "as available," without warranties of any kind, express or implied, including but not limited to fitness for a particular purpose, merchantability, or non-infringement. We do not warrant that the App will be uninterrupted, error-free, or secure.
To the maximum extent permitted by law, Vidar Lindgren will not be liable for any indirect, incidental, special, or consequential damages, or any loss of data, revenue, or life or personal safety arising from your use of, or inability to use, ESMS — including situations where a message was delayed, not delivered, or delivered without location data.
We may update ESMS or these Terms from time to time. Continued use of the App after an update means you accept the revised Terms. Material changes will be reflected by updating the "Last updated" date above.
These Terms are governed by the laws of Sweden, without regard to conflict-of-law principles, unless local consumer-protection law requires otherwise.
Questions about these Terms? Reach us through the contact form or at contact@cactusprotocol.com.
ESMS