Optima Buildsolutions LLC ("OnSMS", "we", "us", "our") · Houston, TX · Last updated: July 2026 · Versión en español disponible a solicitud: support@onsms.com. The English version of these Terms governs.
These Terms are a binding agreement between you and OnSMS governing your use of onsms.com, the OnSMS mobile app, and the OnSMS text-messaging service (together, the "Service"). By registering for, accessing, or using the Service — including by texting to post a job or make an offer — you agree to these Terms, our SMS Terms, and our Privacy Policy. If you do not agree, do not use the Service.
You must be at least 18 years old and able to form a binding contract. If you offer to perform work, you represent that you are legally authorized to work and to provide the services you offer, and that you hold any licenses, permits, or insurance required by law. You agree to provide accurate, current information and to keep it up to date.
OnSMS is a neutral marketplace and communications venue that helps people who want short-term tasks done ("Hirers") connect with people willing to do them ("Workers," and together with Hirers, "Users"). Workers set their own prices; Hirers choose whom, if anyone, to engage.
OnSMS is not an employer, employment agency, staffing agency, or labor-hall, and is not a party to any agreement, arrangement, or transaction between Users. We do not perform, supervise, direct, control, schedule, set the price of, or guarantee any work. Any agreement to perform work is solely between the Hirer and the Worker. To the extent any work relationship exists, a Worker is an independent contractor of the Hirer — never an employee, contractor, agent, partner, or joint venturer of OnSMS. Workers use their own tools and methods, control how work is performed, may accept or decline any job, and are free to work elsewhere, including on competing platforms.
You are responsible for determining whether any engagement creates tax, wage, insurance, licensing, or other obligations, and for complying with all laws that apply to you, including tax reporting and payment.
OnSMS does not conduct background checks or verify Users. We do not verify the identity, statements, skills, qualifications, licenses, insurance, work eligibility, criminal history, or reliability of any User, and we do not screen jobs. Ratings, reviews, job counts, "verified" or similar badges, distances, and other signals are limited, may be inaccurate or User-generated, and are not a guarantee, endorsement, or recommendation of any User or job.
You are solely responsible for vetting, screening, interviewing, and deciding whether to hire, work for, meet, pay, admit to your property, or otherwise interact with any other User, and for taking your own safety and security precautions. Exercise the same caution you would with any stranger.
You are responsible for all activity that occurs through your phone number or account, and for keeping your device and account secure. Notify us at support@onsms.com of any unauthorized use. One person or business per account; do not impersonate others or provide false information.
Posting a job and receiving offers are free. When a Hirer hires a Worker, the Hirer owes OnSMS a per-hire fee (currently $15 per Worker hired; a limited number of first hires may be free), charged through our payment processor (Stripe) when the Worker confirms. Card details are handled by Stripe and never stored by us. You authorize us to charge your payment method for fees you incur.
Fees are non-refundable, except where required by law or issued at our sole discretion (for example, a courtesy credit if a hired Worker fails to show). We may change fees or introduce new charges on a going-forward basis by posting updated terms or pricing.
OnSMS does not pay Workers and does not process, hold, escrow, or guarantee the wages or payment owed by a Hirer to a Worker. Payment for the work itself is arranged and made directly between the Hirer and the Worker. Users are solely responsible for their own taxes.
You agree to use the Service lawfully and honestly, and not to: post false, misleading, or unlawful jobs, offers, or content; discriminate or harass; solicit or perform illegal work; endanger anyone's health or safety; collect or misuse others' information; interfere with, scrape, or disrupt the Service; use it to send spam or unsolicited messages; or use it for any purpose other than genuinely posting, finding, or performing lawful short-term work. You must comply with all applicable laws, including labor, wage, tax, licensing, and anti-discrimination laws.
You retain ownership of the content you submit (job descriptions, notes, photos, ratings, messages), and you grant OnSMS a non-exclusive, worldwide, royalty-free license to host, use, display, and distribute it to operate and promote the Service. You are responsible for your content and represent that you have the rights to submit it. Ratings and reviews reflect individual Users' opinions, not OnSMS. We may screen, remove, or refuse any content at our discretion but are not obligated to.
You use the Service, and interact with other Users, entirely at your own risk.
OnSMS is not involved in, and is not responsible for, the acts or omissions of any User, the quality, safety, timeliness, legality, or outcome of any work, whether a job is completed or paid, or any dispute between Users. To the fullest extent permitted by law, you release and hold harmless OnSMS and its owners, officers, employees, and agents from any and all claims, demands, damages, losses, liabilities, and expenses (including for property damage, theft, bodily injury, death, non-payment, no-shows, or unsatisfactory work) arising out of or related to your dealings or disputes with any other User or any job, whether such disputes arise before, during, or after the use of the Service. You waive any law that would limit the effect of this release to claims you know or suspect to exist at the time.
The Service is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, express or implied.
To the fullest extent permitted by law, OnSMS disclaims all warranties, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage. We do not warrant that the Service will be uninterrupted, secure, or error-free; that any job, Worker, or Hirer will be found; or that any User, job, work, statement, rating, or information is accurate, reliable, safe, lawful, or of any quality. Message delivery depends on carriers and other factors outside our control.
To the fullest extent permitted by law, OnSMS will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, wages, or business, arising from or related to the Service or these Terms, even if advised of the possibility.
OnSMS's total aggregate liability for all claims relating to the Service is limited to the greater of (a) the total fees you paid to OnSMS in the 12 months before the event giving rise to the claim, or (b) US $100.
Some jurisdictions do not allow certain limitations; in those places, the limitations apply to the maximum extent permitted.
You will indemnify, defend, and hold harmless OnSMS and its owners, officers, employees, and agents from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or related to: your use of the Service; your content; any job you post, offer, or perform; your interactions or disputes with other Users; your violation of these Terms or any law; or your misrepresentation.
The Service is text-message-based. Your use of messaging is governed by our SMS Terms, and our collection and use of your information by our Privacy Policy, both incorporated into these Terms. Message and data rates may apply; reply STOP (or ALTO) to opt out and HELP (or AYUDA) for help.
The Service, including its software, design, text, and the OnSMS name and logo, is owned by OnSMS and protected by law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose. You may not copy, modify, reverse-engineer, resell, or create derivative works from the Service.
You may stop using the Service at any time and delete your account. We may suspend, limit, or terminate your access at any time, with or without notice, for any reason, including suspected violation of these Terms, misuse, no-shows, or repeated low ratings or strikes. Sections that by their nature should survive termination (including Sections 5, 7–11, 15, and 17) will survive.
Please read this section carefully — it affects your legal rights.
Except for the exceptions below, you and OnSMS agree to resolve any dispute, claim, or controversy arising out of or relating to the Service or these Terms through final and binding individual arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Houston, Texas. Arbitration uses limited discovery and is subject to review as permitted by the Federal Arbitration Act, which governs this section.
Class-action waiver: disputes will be arbitrated only on an individual basis. You and OnSMS waive any right to bring or participate in a class, collective, consolidated, or representative action, and an arbitrator may not consolidate more than one person's claims.
Jury-trial waiver: you and OnSMS waive any right to a jury trial.
Exceptions: either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction for intellectual-property or unauthorized-use matters.
30-day opt-out: you may opt out of this arbitration and class-waiver agreement by emailing support@onsms.com with your name and phone number within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. To the extent any matter is not subject to arbitration, the exclusive venue is the state and federal courts located in Harris County, Texas, and you consent to their jurisdiction.
We may update these Terms from time to time. We will post the updated version here and revise the "Last updated" date; material changes may also be notified in-app or by text. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree, stop using the Service.
These Terms, together with the SMS Terms and Privacy Policy, are the entire agreement between you and OnSMS regarding the Service. If any provision is found unenforceable, the rest remain in effect, and the unenforceable provision will be limited to the minimum extent necessary. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them to an affiliate or successor. We are not liable for delays or failures caused by events beyond our reasonable control. Notices to you may be sent by text, email, or in-app; notices to us go to support@onsms.com. The English version of these Terms controls.
Optima Buildsolutions LLC ("OnSMS") · Houston, TX · support@onsms.com