{
  "id": "POL-213",
  "slug": "pol-213",
  "title": "The terms should allocate risk",
  "statement": "The terms of service must include a disclaimer of warranties, a limitation of liability and an indemnity.",
  "rationale": "These three clauses are the entire risk position of the agreement, and a business without them is exposed to consequences it never priced. For a messaging programme the limitation matters specifically: undelivered or delayed messages are outside anybody's control, and the carrier disclaimer the SMS terms carry needs a limitation clause behind it to mean anything.",
  "layer": "POLICY_PAGE",
  "layerSlug": "policy-page",
  "object": "terms of service body",
  "severity": "MEDIUM",
  "detectability": [
    "AI_FORM"
  ],
  "failureClass": "TERMINAL_POLICY",
  "artifact": "sms_terms",
  "authorities": [
    "TCR"
  ],
  "applicabilityText": "Applies to every 10DLC registration.",
  "universal": true,
  "remediation": "Add all three, and make the limitation consistent with the carrier disclaimer in the SMS terms. Done when the document says what you do not promise and what you are not liable for.",
  "example": "The site is provided as is. To the extent the law allows, Acme Coffee is not liable for indirect or consequential loss, and you agree to indemnify us against claims arising from your misuse of the site.",
  "phase": "approval",
  "automated": true,
  "url": "https://ekas.io/rules/10dlc/policy-page/pol-213/",
  "markdown": "https://ekas.io/rules/10dlc/policy-page/pol-213.md",
  "registry": "https://ekas.io/rules/10dlc/",
  "updated": "2026-07-25",
  "licence": "CC BY 4.0 — https://creativecommons.org/licenses/by/4.0/"
}