Terms of Use

Last Updated: June 10, 2024

1. Acceptance of Terms

By accessing or using the Open SMS Gateway service ("Service"), you agree to be bound by these Terms of Use ("Terms"). If you disagree with any part of these terms, then you may not access the Service.

2. Description of Service

Open SMS Gateway provides a platform that allows users to send and receive SMS messages using their Android devices as gateways. Our Service includes:

• SMS sending and receiving capabilities
• API access for developers
• Web-based dashboard for message management
• Mobile application for Android devices
• Customer support and documentation

3. Eligibility

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You will comply with all applicable laws and regulations
• All information you provide is accurate and truthful

4. User Accounts

4.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate and complete information
• Keep your account information updated
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use

4.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates applicable laws or regulations
• To send spam, unsolicited, or bulk messages
• To harass, abuse, or harm others
• To impersonate any person or entity
• To interfere with or disrupt the Service

6. Prohibited Uses

6.1 Illegal Activities

• Sending messages containing illegal content
• Facilitating fraud or scams
• Violating privacy laws or regulations
• Infringing on intellectual property rights

6.2 Spam and Abuse

• Sending unsolicited commercial messages
• Mass messaging without proper consent
• Phishing or social engineering attacks
• Distributing malware or viruses

7. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

7.1 Data Security

We implement appropriate security measures to protect your personal information. However, no method of transmission over the Internet is 100% secure.

7.2 Data Retention

We retain your personal information only as long as necessary to provide the Service and comply with legal obligations.

8. Cookie Policy

8.1 Types of Cookies We Use

8.2 Specific Cookies Used

8.3 Third-Party Cookies

We use third-party services that may set their own cookies:

• Google Analytics: Helps us understand website usage and improve user experience
• Facebook Pixel: Used for advertising optimization and measuring ad effectiveness
• Intercom: Powers our customer support chat system
• Stripe: Handles secure payment processing

8.5 Cookie Consent and Legal Basis

We process cookies based on the following legal grounds:

• Consent: For non-essential cookies, we obtain your explicit consent through our cookie banner
• Legitimate Interest: For essential cookies necessary for the basic functioning of our website
• Contract Performance: For cookies necessary to provide the services you've requested

8.6 Your Rights Regarding Cookies

You have the following rights regarding our use of cookies:

• Right to be informed about our cookie usage
• Right to consent to or refuse non-essential cookies
• Right to withdraw consent at any time
• Right to access information about cookies stored on your device
• Right to request deletion of cookies (subject to technical limitations)

8.7 Updates to Cookie Policy

We may update this Cookie Policy from time to time. When we make changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you through our website or email if changes are significant
• Request new consent if required by law

9. Intellectual Property

The Service and its original content, features, and functionality are owned by Open SMS Gateway and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

10. User Content

You retain ownership of any content you submit through the Service. However, by submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute your content in connection with the Service.

11. Service Availability

We strive to maintain high availability of our Service, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.

12. Fees and Payment

Open SMS Gateway is currently offered as a free service. We reserve the right to introduce fees for certain features in the future, with appropriate notice to users.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

14. Disclaimers

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, expressed or implied, regarding the Service, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

15. Limitation of Liability

In no event shall Open SMS Gateway be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

16. Contact Information