Terms of Service
Last updated: September 2026
These Terms of Service ("Terms") govern your access to and use of the SMS Gateway Platform ("Platform"), including our website, API, web dashboard, and Android application. By creating an account or using any part of the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.
Who We Are
The Platform is operated and sold by the merchant identified below. The merchant sells the subscriptions directly to you — it is not a marketplace or an intermediary acting on behalf of someone else — and it issues the invoice for every payment. Questions, complaints and requests about your subscription go to the contact details below.
Account Terms
You must be at least 18 years old to create an account and use the Platform.
You are responsible for maintaining the security of your account credentials, including your password and API tokens. You must not share your credentials with unauthorized parties.
You must provide accurate and complete information when registering. You are responsible for keeping your account information up to date.
You are responsible for all activity that occurs under your account, including actions taken by users you invite to your organization.
You must notify us immediately if you become aware of any unauthorized use of your account or any other security breach.
Acceptable Use
You agree to use the Platform only for lawful purposes and in compliance with all applicable laws and regulations, including:
No Spam: You must not use the Platform to send unsolicited bulk messages (spam). All recipients must have given prior consent to receive messages from you, in compliance with applicable anti-spam legislation.
Regulatory Compliance: You are responsible for complying with all local, national, and international telecommunications regulations applicable to SMS messaging in your jurisdiction. This includes obtaining necessary licenses or registrations for commercial SMS sending.
No Illegal Content: You must not use the Platform to send messages containing illegal content, including but not limited to threats, harassment, hate speech, or content that promotes illegal activities.
No Abuse: You must not attempt to circumvent rate limits, subscription quotas, or other platform controls. You must not use the Platform in a way that degrades service quality for other users.
Device Compliance: Android devices registered with the Platform must be devices you own or have authorization to use. You are responsible for any carrier charges incurred by SMS messages sent from your devices.
Service Availability
We strive to maintain high availability of the Platform, but we do not guarantee uninterrupted or error-free operation.
The Platform is provided on a "best effort" basis. SMS delivery depends on multiple factors outside our control, including mobile carrier networks, device connectivity, SIM card status, and recipient availability.
We reserve the right to perform scheduled maintenance, during which parts of the Platform may be temporarily unavailable. We will make reasonable efforts to provide advance notice of planned maintenance.
We are not responsible for SMS delivery failures caused by carrier network issues, device hardware failures, SIM card restrictions, or recipient phone settings.
You acknowledge that the Platform routes messages through your own Android devices and SIM cards, and delivery reliability is inherently dependent on your devices being online, charged, and connected to a cellular network.
Subscription and Billing
The Platform offers multiple subscription tiers with different feature sets and resource limits. Current plan details, pricing, and feature comparisons are available on our pricing page.
Free Trial: New accounts may start with a free trial of the plan they choose; its length depends on the plan. No credit card is required for the trial. At the end of the trial, you must select a paid plan to continue using the Platform.
Plan Limits: Each subscription plan includes specific limits on the number of devices, users, message volume, and available features. Exceeding your plan limits may result in service restrictions until you upgrade to a higher tier.
Billing Cycle: Paid subscriptions are billed either monthly or annually, as selected at the time of purchase. Annual subscriptions include a discount compared to monthly billing.
Automatic renewal, payment methods, prices and VAT, invoices, failed payments, cancellation and refunds are described in the sections below and in our Cancellation & Refund Policy.
Paid Subscriptions and Automatic Renewal
When you order a paid plan, you choose a monthly or an annual billing period. Your first billing period starts on the day your first payment is confirmed. Each following period starts on the day the previous one ends — the renewal date — and lasts one month or one year: a monthly subscription renews on the same day of each month as the day its first period started (on the last day of the month in a month that has no such day), and an annual subscription on the same day each year.
The price of each billing period is paid in advance: it is due on the first day of that period, that is, on its renewal date (for the first period, when you order). The amount due is the price of your plan for that period, in your billing currency, as shown in your account.
If you pay by card, the subscription renews automatically at the end of each billing period, for a period of the same length, until you cancel it (the section "Cancellation and Refunds" explains how). The card is charged on the renewal date or up to 1 day before it. Before each renewal we send you a reminder by e-mail, at least 7 days before the card is charged, stating the plan, the amount, the card that will be charged and the date of the charge. By choosing card payment with automatic renewal, you authorise us to charge that card with the price of each new billing period, as described above, until you cancel.
If you pay by bank transfer, nothing is charged automatically: 7 days before the renewal date we e-mail you a payment request with the amount and the payment reference, and the payment is due on the renewal date. The new period starts on the renewal date even if your transfer arrives later; while the payment is outstanding, the grace period described in "Failed Payments, Grace Period and Suspension" applies.
Payment Methods and Card Processing
You can pay by card (Visa or Mastercard) or by bank transfer. Where card payment is not offered for your plan or your billing currency, you pay by bank transfer.
Card payments are processed by NETOPIA Payments. You enter your card details on the secure payment page of NETOPIA Payments, not on the Platform: we never receive, see or store your full card number or its security code. For automatic renewals, NETOPIA Payments gives us a token that lets us charge the same card again; we keep only that token, the masked card number supplied by NETOPIA Payments (never the full number) and the card's expiry date, so that we can show you which card is on file. You can change or remove the card at any time from Settings → Plan.
Your bank may ask you to confirm a card payment with 3-D Secure.
A bank transfer must carry the payment reference shown in your account, so that we can match it to your subscription.
Prices, VAT and Invoices
Prices are shown together with their currency: in RON on the Romanian version of the site and in EUR on the English version. Before you pay, your account always shows the exact amount in your billing currency (RON for customers billed in Romania, EUR for the others, unless agreed otherwise).
Prices include VAT at the rate in force (currently 21%) where Romanian VAT applies. Where it does not apply — for example to a business customer established in another EU member state with a valid VAT number (reverse charge), or to a customer established outside the EU — no VAT is added and the invoice carries the corresponding legal mention. Where a private individual lives is established from the billing address together with the country of the bank that issued the card they pay with; until the two agree, Romanian VAT applies. Consumers in other EU member states are charged Romanian VAT only up to the EU-wide threshold for such sales; above it, we cannot accept their orders.
We issue an electronic invoice for every payment and send it to you by e-mail; where the law requires it, the invoice is also reported to the Romanian RO e-Factura system. The invoice is issued by the merchant identified in the "Who we are" section.
Failed Payments, Grace Period and Suspension
If an automatic card charge fails, we e-mail you straight away with a link to pay online, and we try the charge again automatically: at most 3 attempts in total — at renewal, then 3 days and 7 days after the renewal date. If your bank refuses the card permanently or the card has expired, we stop trying and ask you to pay with another card or by bank transfer.
While a renewal payment is outstanding, your account keeps working normally during a grace period that starts on the renewal date:
- 14 days if you pay by bank transfer, or 7 days if you pay by card, on plans that send messages through your own devices;
- 5 days by bank transfer, or 3 days by card, on plans that use the platform's shared SIM pool (Business Pro, Enterprise).
If the payment has still not arrived when the grace period ends, the account becomes read-only: you can still sign in, see and export your data, but sending messages and adding new resources are paused.
If the account remains unpaid, it is suspended at the end of a further read-only period that depends on your plan, as shown in the table below (unless a different period was agreed for your account). A suspended account cannot be used.
| Plan | Read-only period before suspension |
|---|---|
| Free | 14 days |
| Starter | 30 days |
| Pro | 30 days |
| Business | 60 days |
| Business Pro | 60 days |
| Enterprise | 90 days |
Paying the outstanding amount during the grace period, or while the account is read-only, restores the full service straight away. To restore a suspended account, pay the outstanding amount and contact us.
Cancellation and Refunds
You can cancel your subscription at any time, from Settings → Plan in your account. Cancelling costs nothing: there is no cancellation fee or penalty, and no minimum duration other than the billing period you have already paid for.
To stop the next renewal, cancel before the renewal date. If you pay by card, cancel before the renewal charge is made: the reminder e-mail we send at least 7 days before the charge gives its date. A renewal charged after you had cancelled and we had confirmed the cancellation is refunded in full.
The cancellation takes effect at the end of the billing period you have already paid for: until then you keep full access, and no further payment is charged or requested. Your account then moves to the Free plan and, from that date, only that plan's features and limits apply: your devices and the other users of your account are suspended, and the features the Free plan does not include, such as API access and webhooks, are switched off. Nothing is deleted, and ordering a paid plan again restores them.
If you are a consumer, you can also withdraw from the contract within 14 days of its conclusion, as described in the next section.
When a refund is due, it is made to the card or the bank account you paid from. The Cancellation & Refund Policy explains when a refund is given, how to ask for one and how long it takes.
Right of Withdrawal (Consumers)
If you are a consumer — an individual acting for purposes outside your trade, business, craft or profession — you have the right to withdraw from the contract within 14 days, without giving any reason (Government Emergency Ordinance no. 34/2014, art. 9 para. (1)). The withdrawal period expires 14 days after the day of the conclusion of the contract (art. 9 para. (2) letter a)), that is, the day we confirm your order by e-mail (art. 8 para. (9)). Companies, other legal entities and individuals who buy for their trade or profession do not have this right; they can cancel at the end of the paid period, as described in the cancellation section.
You can exercise the right of withdrawal online, in your account, under Settings → Plan: throughout the withdrawal period it shows the "Withdraw from the contract here" function. Enter or confirm your name, the contract you are withdrawing from (the payment reference of your order) and the e-mail address where you want the confirmation, then press "Confirm withdrawal". If you use this online function, we will send you, without undue delay, an acknowledgement of receipt of your withdrawal on a durable medium (by e-mail), including its content and the date and time it was sent (art. 11^1).
You can also inform us of your decision by any other unequivocal statement, for example an e-mail sent to the address in the "Who We Are" section of our Terms of Service. You may use the model withdrawal form below, but it is not obligatory (art. 11 para. (1)). To meet the withdrawal deadline, it is sufficient to send your communication before the withdrawal period has expired (art. 11 para. (2) and art. 11^1 para. (8)).
If you withdraw, the paid subscription ends and no further payment is charged, and you must stop using the paid service (art. 14 para. (2^1)). We refund all payments received from you without undue delay and in any event not later than 14 days from the day we are informed of your decision, using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund (art. 13 para. (1) and (2)).
When you order a paid plan, you can expressly ask us to start providing the service immediately, during the withdrawal period (art. 8 para. (8)). If you made that request and then withdraw, you pay an amount proportional to what has been provided until you informed us of your withdrawal, in comparison with the full coverage of the contract (art. 14 para. (5)); the rest is refunded. If you did not make that request, you pay nothing for the service provided during the withdrawal period (art. 14 para. (6)).
The right of withdrawal no longer applies once the service has been fully performed, if the performance began with your prior express consent and after you acknowledged that you would lose the right of withdrawal once we had fully performed the contract (art. 16 para. (1) letter a)).
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
I hereby give notice that I withdraw from my contract for the provision of the following service: [plan name, and the name of the organisation or account]
Ordered on: [date]
Name of consumer: [name]
Address of consumer: [address]
Signature of consumer (only if this form is sent on paper):
Date: [date]
How the Service Is Provided
The Platform is a service provided online; nothing is shipped. A paid plan is activated in your account as soon as its payment is confirmed: for a card payment usually within minutes, for a bank transfer once we have received the transfer and matched it to your subscription. We confirm the activation by e-mail. You use the service through your account on this website, the API and the Android application.
Intellectual Property
Platform Ownership: The Platform, including its source code, design, documentation, APIs, and all associated intellectual property, is owned by us and protected by applicable copyright and intellectual property laws.
Your Data: You retain full ownership of all data you upload, create, or transmit through the Platform, including message content, contact lists, and organization settings. We do not claim any ownership rights over your data.
License: We grant you a limited, non-exclusive, non-transferable license to use the Platform in accordance with these Terms and your subscription plan. This license does not include the right to modify, distribute, or reverse-engineer the Platform.
API Usage: You may integrate with our API in accordance with the API documentation and your subscription plan. You must not use the API in a way that competes with or replicates the core functionality of the Platform.
Limitation of Liability
To the maximum extent permitted by applicable law:
We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including but not limited to lost profits, lost data, business interruption, or failure to deliver SMS messages.
We are not liable for damages resulting from SMS delivery failures caused by mobile carrier networks, device issues, SIM card restrictions, or factors outside our reasonable control.
Our total aggregate liability for any claims arising from or related to these Terms or your use of the Platform shall not exceed the amount you paid us in the 12 months preceding the claim.
These limitations apply regardless of the legal theory upon which the claim is based, whether in contract, tort (including negligence), strict liability, or otherwise.
Termination
We reserve the right to suspend or terminate your account if:
You violate these Terms, including the Acceptable Use policy.
Your account is used for fraudulent, illegal, or harmful activities.
You fail to pay applicable subscription fees after reasonable notice.
We are required to do so by law or regulatory order.
Upon termination, your right to use the Platform ceases immediately. We will retain your data for 30 days following termination to allow you to export your information. After 30 days, your organization database and all associated data will be permanently deleted in accordance with our privacy policy, except the billing and accounting records (invoices, payment records and the history of your subscription), which the law requires us to keep for the period stated in the Privacy Policy.
You may request immediate data deletion upon termination by contacting our support team.
Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions.
We aim to settle every complaint amicably: please contact us first, using the contact details in the "Who we are" section.
Disputes that cannot be settled amicably are resolved by the competent courts of Romania. If you are a consumer, nothing in these Terms limits the rights you have under the consumer protection law that applies to you, including the right to bring a claim before the courts and to use the alternative dispute resolution procedure described in the next section.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
We may update these Terms from time to time. We will notify you of material changes by e-mail or in your account before they take effect, and we will update the "Last updated" date. A change to the price or to the renewal terms of a paid subscription applies from your next billing period, and you can cancel before it takes effect.
Consumer Protection and Alternative Dispute Resolution
If you are a consumer, you also benefit from the legal guarantee of conformity for digital services (Government Emergency Ordinance no. 141/2021): we are liable for any lack of conformity of the service with the contract that occurs or becomes apparent during the period for which the service is to be supplied to you under the contract (art. 10 para. (3)), and you are entitled to have the service brought into conformity, to a proportionate reduction of the price or to terminate the contract, under the conditions of art. 13.
If you are a consumer, you can contact the National Authority for Consumer Protection (Autoritatea Națională pentru Protecția Consumatorilor — ANPC), Bulevardul Aviatorilor nr. 72, sector 1, București, Romania; consumer telephone line: 021 9551.
To settle a dispute out of court, you can submit a complaint through the ANPC platform for alternative dispute resolution (SAL).