Last updated: March 2026
Terms and Conditions Agreement
READ THE TERMS AND CONDITIONS BELOW CAREFULLY PRIOR TO USING FLORIDA MESSAGING SYSTEM (FMS) SERVICES. BY SUBSCRIBING TO OR USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT FOR THE USE OF THE SERVICES PROVIDED BY FLORIDA MESSAGING SYSTEM, OPERATED BY MERCURY MESSAGING LLC.
If you are not willing to be bound by the terms and conditions of this agreement, you should refrain from using our services.
1. Grant of Rights to Use Services
Effective upon acceptance of this Agreement, FMS hereby grants to Subscriber a nonexclusive, nontransferable license to access and use the Services for Subscriber's governmental communication purposes. The Services allow Subscriber to send automated phone calls and SMS text messages to predetermined phone numbers for transactional government communications including alerts, reminders, notifications, and informational messages.
Subscriber shall have no right to sell use of the Services nor make any claim that it does have such right. Subscriber is solely responsible for obtaining all equipment and approvals necessary for connection to the services.
2. Subscriber Registration & Data Confidentiality
All subscriber information, uploaded phone numbers, messages, dates, and times of communications will be held in strict confidence and will never be shared or used by FMS, Mercury Messaging LLC, or any other company. This information is not the property of FMS and cannot be sold, given, or shared.
Subscriber agrees to provide and maintain true, accurate, current, and complete information. Subscriber is solely responsible for maintaining the confidentiality of their account credentials and shall immediately notify FMS if any unauthorized use of their account has occurred.
3. FMS Rights
FMS shall retain all right, title, and interest to the Services including all copyrights, trademarks, and all other intellectual property rights. Subscriber may not copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble, or reverse engineer the Services. All rights not expressly granted under this Agreement are retained by FMS.
4. Termination
Either party may terminate this Agreement upon notice to the other party. FMS reserves the right to suspend, deny, or terminate Subscriber's service if FMS, at its sole discretion, believes Subscriber is using or plans to use services in a manner that is unlawful, abusive, or harassing, or violates FMS's Terms of Service, or if Subscriber's use creates or could create a potential adverse impact to FMS's ability to provide service to others.
5. Limitation of Liability
In no event shall FMS be liable to Subscriber or any third party for special, indirect, incidental, or consequential damages whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. The limitation of liability reflects the allocation of risk between the parties.
6. Warranty Disclaimer
The Services licensed hereunder are provided "as is" and "as available" and FMS makes no warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. FMS makes no warranty that the Services will meet Subscriber's requirements, or that the Services will be uninterrupted, timely, secure, or error free.
7. Compliance & Rules
Subscriber shall be fully and solely liable for any automated phone calls or SMS messages sent through the Service. Subscriber shall not use the Services to create or distribute any messages which are obscene, harassing, racist, malicious, fraudulent, or libelous, nor use the Services for any activity that may be considered unethical, immoral, or illegal.
Subscriber is fully and solely responsible to be aware of, understand, and comply with all applicable rules and regulations including but not limited to:
- Federal Telephone Consumer Protection Act (TCPA) of 1991
- Federal Communications Commission (FCC) rules and regulations
- National Do Not Call Registry rules and regulations
- Florida State Statutes and regulations
- All other applicable federal, state, or local laws
FMS ensures full compliance through our Postmaster monitoring service, which reviews all communications for regulatory adherence.
8. SMS Specific Terms
By opting in to receive SMS messages from FMS, you agree to the following:
- You consent to receive automated text messages from Florida Messaging System and Mercury Messaging
- Messages may include alerts, reminders, conversational, and informational content related to government services
- Message frequency varies based on subscribed services
- Message and data rates may apply
- Reply STOP to opt out of SMS messages at any time
- Reply HELP for assistance
- Consent is not a condition of any purchase
9. Modification to Services & Agreement
During the term of this Agreement, FMS may modify or discontinue any or all Services. FMS may amend this Terms and Conditions Agreement at any time by posting a revised agreement on our website. Subscriber's continued use of FMS services after amended terms have been posted shall constitute acceptance of such changes.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes arising under this Agreement shall be resolved in the courts of the State of Florida.
Contact Us
If you have any questions regarding these Terms and Conditions, please contact us:
- Phone: (772) 258-2151
- Email: Mercurymessages1@gmail.com
- Address: 2046 20 Ave, Vero Beach, FL 32960