Terms of Service

Capitalised terms used in these Terms have the meanings set out below or as otherwise defined inline in quotes throughout this document.

"Account"

The smsroute customer account created at signup, through which the Customer accesses the Service, manages API keys, and controls billing settings.

"API"

The smsroute REST application programming interface through which Customer submits SMS messages for delivery, configures webhooks, and retrieves delivery receipts.

"Customer Data"

All data submitted by Customer to the Service, including destination phone numbers (MSISDNs), sender IDs, message bodies (prior to delivery), webhook configuration, and account settings.

"Dashboard"

The web-based interface at smsroute.cc accessible to Account holders for managing API keys, reviewing usage, topping up balance, and configuring account settings.

"End User"

Any natural person who receives an SMS message sent by Customer through the Service.

"Fees"

The per-message charges, top-up minimums, and any other amounts payable by Customer as published at /prices or otherwise communicated via the Dashboard.

"Governing Law"

The jurisdiction's law specified in Section 10 (Governing Law and Dispute Resolution) applicable to Customer's use of the Service.

"Message Body"

The textual or binary content of an SMS message submitted by Customer for delivery to an End User.

"Prepaid Balance"

The crypto-denominated credit balance held in the Account, used to pay Fees for each submitted SMS message.

"Service"

The smsroute application-to-person (A2P) SMS gateway service as described in Section 2, including the API, Dashboard, delivery-receipt webhooks, and per-country pricing.

"SMS"

Short Message Service — a text messaging service using standardised cellular telecommunications protocols for delivery to mobile handsets.

Additional terms are defined inline with quotation marks and capitalisation throughout these Terms.

2.1 Description

smsroute operates an application-to-person (A2P) SMS gateway that accepts API submissions for outbound SMS delivery to mobile subscribers globally, selects routing paths through mobile network operators, delivers the message to the destination carrier, and returns delivery-receipt metadata. The Service includes: a REST API, a web Dashboard, delivery-receipt webhooks, per-country pricing, and a crypto-denominated prepaid billing system.

The Service does not include: voice calling, MMS, RCS, WhatsApp Business API, email delivery, phone number provisioning for inbound messaging, SIP trunking, or any product outside outbound A2P SMS. smsroute may extend the Service; any new features will be governed by these Terms unless a supplemental agreement is executed.

2.2 Customer Responsibilities

Customer is solely responsible for:

• Ensuring every message submitted to the Service complies with the permissible use requirements in Section 4;
• Obtaining and documenting valid opt-in consent from each End User as required by the laws of the destination country and the jurisdiction in which Customer operates;
• Maintaining a functioning STOP/UNSUBSCRIBE keyword handler that suppresses future sends within 24 hours of receipt;
• Keeping API keys server-side, not embedded in client-side code, mobile app binaries, or public repositories, and promptly rotating exposed keys;
• Ensuring the email address and crypto wallet addresses associated with the Account are under Customer's control and accurately maintained.

2.3 Suspension of Service

smsroute may suspend or restrict the Service — in whole or in part — without liability, if:

• Customer breaches any provision of these Terms, including the prohibited-use restrictions in Section 4;
• Traffic is blocked by carriers due to compliance violations that cannot be remediated;
• There is suspected fraud, a security incident, or a credible report of compromised credentials;
• smsroute is compelled by law enforcement, a court order, or a regulatory authority with effective process against smsroute;
• Customer's prepaid Balance reaches zero (service suspends for new sends; historical data retained per the Privacy Policy).

smsroute will provide written notice to the account-of-record address except where prior notice would frustrate the purpose of suspension (for example, live fraud or an active security incident). Suspension does not relieve Customer of its payment obligations for messages already delivered.

2.4 Changes to the Service

smsroute may add, modify, or discontinue features of the Service. Material changes to functionality that materially and adversely affect Customer's use of the Service will be communicated via the Dashboard with at least 30 days' notice where practicable. Routine updates, bug fixes, security patches, and performance improvements will be applied without notice.

2.5 Beta and Pre-Release Features

Features marked as beta, preview, early access, or similar in the Dashboard or API documentation are provided for testing and evaluation purposes only. Such features may be changed or removed at any time without notice. Beta features are excluded from any SLA or credit arrangements. Use of beta features is at Customer's own risk.

3.1 Fees

Customer is charged per delivered SMS message at the per-country rate published at /prices at the time of submission. Multi-segment messages are billed per segment. Fees are deducted from the Prepaid Balance; the Service will not deliver messages if the Prepaid Balance is insufficient.

Undelivered messages — those rejected by the destination carrier, returned due to handset unavailability after the retry window, or sent to an invalid number — are credited back to the Prepaid Balance automatically.

3.2 Supported Payment Methods

smsroute accepts payment exclusively in supported cryptocurrencies:

smsroute does not accept credit cards, debit cards, SEPA transfers, ACH transfers, wire transfers, or any fiat currency payment channel.

3.3 Top-Up and Minimums

The minimum top-up amount is $5 USD equivalent per top-up event, priced at the exchange rate quoted by smsroute at the time of deposit confirmation. Credits are applied to the Prepaid Balance upon network confirmation of the deposit transaction.

Non-refundable. Crypto top-ups are non-refundable in fiat and are not converted back to crypto on request. Unused Prepaid Balance remains available for future sends.

3.4 Price Changes

Rate increases take effect no earlier than 7 days after notice via Dashboard banner and email to the account-of-record address. Rate decreases take effect immediately. Price changes apply prospectively only; the rate charged for a message is the rate in effect at the time of submission.

4.1 Ownership of the Service

smsroute retains all right, title, and interest in and to the Service, the API, the Dashboard, the Documentation, and all underlying technology, software, and infrastructure used to deliver the Service. Customer does not acquire any ownership rights in the Service by virtue of these Terms or use of the Service.

4.2 Customer Data

Customer retains all right, title, and interest in Customer Data submitted to the Service. smsroute processes Customer Data solely for the purpose of delivering SMS messages, generating delivery receipts, maintaining the Prepaid Balance, and enforcing these Terms. Customer Data is handled in accordance with the Privacy Policy.

Customer grants smsroute a limited, non-exclusive, revocable licence to process Customer Data solely as necessary to provide the Service. This licence terminates upon deletion of the Account or termination of these Terms, subject to the retention schedule in the Privacy Policy.

4.3 Confidentiality

Each party agrees to keep confidential all non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. Confidential information does not include information that: (a) is or becomes publicly available without breach of these Terms; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the confidential information; or (d) is lawfully obtained from a third party without restriction.

A party may disclose confidential information if compelled by law, regulation, or court order, provided that the receiving party gives the disclosing party prompt written notice (to the extent legally permitted) so the disclosing party may seek a protective order or other remedy.

4.4 smsroute Marks

Customer may not use the smsroute name, logo, trademarks, or branding in any public communication, marketing material, press release, or public announcement without prior written consent from smsroute. Requests should be directed to support@smsroute.cc.

Customer may use the Service only for lawful commercial messaging that complies with all applicable laws in:

• The jurisdiction in which Customer is organised or domiciled;
• The jurisdiction from which messages are submitted;
• The destination country for each outbound message;
• All applicable carrier acceptable-use policies and routing rules, including 10DLC registration in the United States, DLT template registration in India, HT-SMS rules in the UAE, and § 7 UWG consent rules in Germany.

Typical permitted uses include:

• Transactional messages: one-time passwords, two-factor authentication, password resets, order confirmations, delivery notifications, fraud alerts, appointment reminders;
• Operational customer communications between Customer's own systems and its users;
• Opted-in marketing and promotional messaging where verifiable consent has been obtained;
• Service-to-service notifications between Customer-owned platforms.

Customer must not use the Service — and must not permit any third party to use the Service — for any of the following:

• Spam and unsolicited bulk messaging: Sending to recipients who have not provided documented, channel-specific opt-in consent; continuing to send after the recipient has replied STOP or otherwise requested opt-out;
• Fraud and phishing: Impersonating a bank, government agency, delivery service, payment processor, or any third party; sending messages designed to induce the recipient to disclose credentials, transfer funds, or install malware;
• Unlicensed gambling and lottery promotions: Where the sender does not hold required operating licences in the destination country, or where gambling promotion is prohibited;
• Adult content: Directed to minors, or in any jurisdiction where such content is prohibited;
• Content violating destination-country law: Including narcotics promotion where prohibited, unlicensed pharmaceutical sales, tobacco or vaping promotion to minors, incitement to violence, and content promoting sanctioned or terrorist organisations;
• Carrier filter evasion: Using Unicode homoglyph substitution, URL obfuscation, or synonyms to bypass operator spam filters;
• Attacks on the Service or third parties: Probing, scanning, enumerating, denial-of-service attempts, or using smsroute-delivered messages as part of a coordinated attack.

7.1 Mutual Representations

Each party represents and warrants that: (a) it has the legal power and authority to enter into these Terms; (b) these Terms constitute a legal, valid, and binding obligation; and (c) its performance of these Terms will not violate any other agreement to which it is a party.

7.2 Anti-Corruption and International Trade Laws

Each party represents that it will comply with all applicable anti-corruption laws (including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act), export control laws, and sanctions regulations. Customer specifically represents that it is not, and is not acting on behalf of, any person or entity on any applicable sanctions list.

7.3 Services Warranty

smsroute warrants that it will use commercially reasonable efforts to operate the Service consistent with industry norms for direct-operator-interconnect A2P SMS gateways. smsroute routes messages via direct operator interconnects where available, falling back to Tier-1 aggregator routes when direct capacity is congested or unavailable.

7.4 Disclaimer

The Service is provided "as is" and "as available." smsroute expressly disclaims all other warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. smsroute does not warrant that the Service will be uninterrupted, error-free, or completely secure. smsroute does not guarantee 100% delivery rates; SMS delivery is dependent on destination-handset reachability, carrier network state, operator-level filtering, and destination-number validity.

No SLA without a signed MSA. These Terms do not create a Service Level Agreement. smsroute does not owe availability credits, response-time credits, or delivery-percentage credits under these Terms. A written Master Services Agreement with specific SLA provisions is available on request for high-volume and enterprise customers; contact support@smsroute.cc.

8.1 Indemnification by smsroute

smsroute will defend, indemnify, and hold harmless Customer and its officers, directors, employees, and agents from and against any third-party claim, demand, or proceeding alleging that the Service — as provided by smsroute and used in accordance with these Terms — infringes or misappropriates that third party's intellectual property rights.

If a claim under Section 8.1 cannot be defended without infringing or misappropriating a third party's rights, smsroute may, at its option: (a) procure the right for Customer to continue using the Service; (b) modify the Service to avoid infringement; or (c) terminate the Service and refund any pre-paid fees for unused messages.

8.2 Indemnification by Customer

Customer will defend, indemnify, and hold harmless smsroute and its officers, directors, employees, and agents from and against any third-party claim, demand, or proceeding arising from: (a) Customer's use of the Service in violation of these Terms, including the prohibited-use restrictions in Section 6; (b) Customer's violation of applicable law in any jurisdiction; (c) Customer's violation of third-party rights, including intellectual property rights, privacy rights, and consumer-protection rights of End Users; or (d) Customer's failure to obtain or document requisite consent from End Users.

8.3 Conditions of Indemnification

The indemnifying party's obligations under Sections 8.1 or 8.2 are conditioned on: (a) prompt written notice of the claim to the indemnifying party; (b) the indemnified party granting the indemnifying party sole control of the defence and settlement of the claim; and (c) the indemnified party providing reasonable cooperation and assistance at the indemnifying party's cost.

8.4 Exclusive Remedy

The indemnification obligations in this Section 8 set forth each party's exclusive remedy and each party's entire liability for third-party intellectual property claims.

9.1 Liability Cap

To the maximum extent permitted by applicable law, smsroute's aggregate liability arising out of or relating to the Service and these Terms — whether in contract, tort (including negligence), strict liability, statutory violation, or any other theory — shall not exceed the total fees paid by Customer to smsroute in the twelve (12) months preceding the event giving rise to the claim.

9.2 Exclusion of Indirect Damages

In no event shall smsroute be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to: lost profits; lost revenue; loss of goodwill; loss of use; loss of data; cost of substitute services; or business interruption — even if smsroute has been advised of the possibility of such damages.

9.3 Exceptions to the Cap

The limitations in Sections 9.1 and 9.2 do not apply to:

• Fraud or wilful misconduct;
• Death or personal injury caused by smsroute's negligence;
• Liability that cannot be limited or excluded under applicable law;
• Customer's breach of its indemnification obligations under Section 8.2.

10.1 Agreement Term

These Terms take effect when Customer creates an Account or first uses the Service and remain in effect until terminated in accordance with this Section 10.

10.2 Termination

10.2.1 Termination for Convenience

Either party may close the Account or terminate these Terms at any time. Customer may close the Account via the Dashboard or by emailing support@smsroute.cc. smsroute will provide written confirmation of termination to the account-of-record address.

Upon voluntary termination, unused Prepaid Balance is forfeited unless Customer has made a written withdrawal request prior to closure, which smsroute may honour at its discretion via transfer to a crypto address designated by Customer, net of network transaction fees.

10.2.2 Termination for Cause

Either party may terminate these Terms upon material breach by the other party, provided that the breaching party is given written notice and a 15-day cure period from the date of notice. If the breach is not cured within the cure period, the non-breaching party may terminate immediately. A breach of the prohibited-use restrictions in Section 6 constitutes a material breach for which no cure period is required. Violation of carrier AUP resulting in carrier-level blocking of Customer's traffic that cannot be remediated is a material breach.

10.2.3 Termination for Insolvency

Either party may terminate immediately upon written notice if the other party: (a) becomes insolvent or unable to pay its debts as they become due; (b) files or has filed against it a petition in bankruptcy or for winding-up or dissolution; (c) has a receiver or manager appointed over all or substantially all of its assets; or (d) makes an assignment for the benefit of creditors.

10.3 Effect of Termination

Upon termination for cause (material breach, fraud, or prohibited use), unused Prepaid Balance is forfeited. Upon termination for convenience, unused Prepaid Balance is handled as described in Section 10.2.1.

Termination does not relieve Customer of obligations that by their nature should survive termination, including: confidentiality obligations (Section 4.3), payment obligations for messages already submitted or delivered, and the disclaimer in Section 7.4.

10.4 Survival

The following provisions survive termination: Definitions (Section 1), Ownership (Section 4), Confidentiality (Section 4.3), Disclaimer (Section 7.4), Indemnification (Section 8), Limitation of Liability (Section 9), and Governing Law and Dispute Resolution (Section 11).

11.1 Governing Law

These Terms are governed by the law of the jurisdiction specified in the table below, based on Customer's billing address country at the time of account creation. Customer acknowledges that smsroute operates a global service and that the governing law may differ from Customer's jurisdiction.

Where applicable, the United Nations Convention on the International Sale of Goods (CISG) is excluded from these Terms.

11.2 Informal Resolution

Before initiating formal proceedings, Customer agrees to contact support@smsroute.cc with a written description of the dispute and to negotiate in good faith for at least thirty (30) days. Most disputes concerning billing, delivery receipts, or account suspensions are resolved at this stage.

11.3 Arbitration

If informal resolution fails, any remaining dispute shall be resolved by binding arbitration administered under the rules of a recognised international arbitration body (such as the ICC International Court of Arbitration, the LCIA, or the SCC Stockholm Chamber of Commerce), with the seat and administering body specified in the smsroute billing record or in a supplemental written agreement. Arbitration is conducted in English. The arbitral award is final and binding. Nothing in this clause prevents either party from seeking emergency injunctive relief from a court of competent jurisdiction where necessary to protect intellectual-property, confidentiality, or trade-secret interests.

12.1 Severability

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision is reformed to the minimum extent necessary to make it enforceable, and the remainder of the Terms remains in full force and effect.

12.2 No Waiver

Failure by smsroute to enforce any right or provision of these Terms is not a waiver of that right or provision. A waiver is effective only if in writing and signed by an authorised representative of smsroute.

12.3 Assignment

Customer may not assign these Terms — or any rights or obligations under these Terms — without the prior written consent of smsroute. smsroute may assign these Terms in connection with a merger, acquisition, corporate reorganisation, or sale of substantially all of its assets. Any attempted assignment in violation of this clause is void.

12.4 Relationship

These Terms do not create a partnership, joint venture, agency, employment, or fiduciary relationship between the parties. Neither party has the authority to bind the other or incur obligations on behalf of the other party.

12.5 Notices

Notices under these Terms must be in writing and delivered to the email address on the account record (for Customer) or to support@smsroute.cc (for smsroute). Notices are deemed received on the same day if sent by email before 5:00 PM recipient time, or the following business day if sent after 5:00 PM or on a weekend or holiday.

12.6 Force Majeure

Neither party is liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, carrier network outages, blockchain network congestion, and failures of third-party telecommunications providers.

12.7 Order of Precedence

In the event of any conflict between these Terms and any written supplemental agreement executed by both parties, the supplemental agreement prevails. In the event of any conflict between these Terms and the Privacy Policy, these Terms prevail with respect to the parties' contractual obligations; the Privacy Policy prevails with respect to data protection obligations.

12.8 Entire Agreement

These Terms, together with the Privacy Policy and any written supplemental agreement executed by both parties, constitute the entire agreement between Customer and smsroute regarding the Service and supersede all prior agreements, proposals, negotiations, and communications — written or oral — relating to the subject matter hereof.

smsroute may modify these Terms from time to time. Material changes — including changes to permitted or prohibited uses, fee structures, the liability cap, the governing law provision, or the dispute resolution mechanism — take effect no earlier than 30 days after notice via Dashboard banner and email to the account-of-record address.

Non-material changes — including clarifications, typographical corrections, updates to referenced URLs, and corrections to internal cross-references — take effect upon publication.

Continued use of the Service after the effective date of any modification constitutes acceptance of the modified Terms. Archived versions of superseded Terms are available on request by contacting support@smsroute.cc.