Terms & Conditions

Important Agreement

These Terms and Conditions ("Terms", "Agreement") explain how you can use SMS Gateway, a product of Secuno LLC. This includes our mobile app, website, API, and related services (together, the "Service").

This is a legal contract between you ("User", "You") and Secuno LLC ("Company", "We", "Us", "Our"). When you use our Service, you agree to follow these Terms.

Acceptance of Terms

• By creating an account, downloading our application, or accessing our services, you agree to be bound by these Terms and Conditions
• If you do not agree with any part of these terms, you must immediately discontinue use of all services
• These terms constitute a legally binding agreement between you and Secuno LLC
• You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement
• For business users: you represent that you have the authority to bind your organization to these terms

Services Provided

SMS Gateway (a product of Secuno LLC) provides the following services:

• Transform Android devices into professional SMS/MMS gateway servers for business and personal use
• Send and receive SMS messages via RESTful API or web-based control panel
• Manage multiple Android devices and SIM cards under a single account dashboard
• Access delivery reports, analytics, and message status tracking as your device and carrier path report them
• Integrate SMS functionality into applications using the REST API, HTTPS/JSON code samples, and product documentation
• Use webhook notifications for incoming messages and delivery status updates
• Schedule and automate bulk message campaigns with advanced targeting and personalization
• USSD code execution and balance checking features (Android 8.0+)

Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service with or without notice. We may also impose new limits on certain features or restrict access to parts or all of the Service. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

Account Security & Management

• Maintain strict confidentiality of your account credentials, API keys, and authentication tokens at all times
• Use strong, unique passwords combining uppercase, lowercase, numbers, and special characters (minimum 12 characters recommended)
• Enable two-factor authentication (2FA) when available for enhanced account protection
• Immediately notify us at info@sms-gateway.app of any unauthorized access, security breaches, or suspicious activity
• You are fully responsible for all activities that occur under your account, whether authorized or not
• Do not share your account credentials or API keys with unauthorized persons or third-party services
• Keep your contact information, billing details, and account settings current and accurate

Legal Compliance & Lawful Use

• Comply with all applicable local, state, federal, and international laws and regulations regarding telecommunications and messaging
• Adhere to TCPA (Telephone Consumer Protection Act) requirements when sending messages to US recipients
• Follow CAN-SPAM Act guidelines for all commercial and promotional messages
• Comply with CASL (Canadian Anti-Spam Legislation) when messaging Canadian recipients
• Respect GDPR (General Data Protection Regulation) requirements for EU residents
• Obtain proper written or electronic consent before sending commercial or marketing messages
• Honor all opt-out and unsubscribe requests immediately (within 24 hours maximum)
• Respect recipient privacy rights and do not share contact information without explicit permission
• Use the service only for legitimate, lawful business purposes and operations
• Industry-specific users (healthcare, finance) must comply with additional regulations (HIPAA, SOX, PCI-DSS, etc.)

Content Responsibility

• You are solely and exclusively responsible for all message content sent through our platform
• Ensure all information in your messages is accurate, truthful, and not misleading
• Respect all intellectual property rights, including copyrights, trademarks, and patents
• Do not impersonate any person, entity, or organization, or misrepresent your identity or affiliation
• Maintain comprehensive records of consent, opt-ins, and customer relationships for at least 4 years

The following activities are strictly PROHIBITED and will result in immediate account termination:

Billing & Payment Obligations

• You agree to pay all platform fees for your selected plan. Service fees are based on connected device count and SMS send volume through the gateway—not prepaid carrier “SMS credit packs” sold by us
• Operator SMS credit, airtime, and carrier messaging costs on your SIM remain yours; we do not refund or sell carrier balance
• Provide accurate, current, and complete payment information at all times
• Authorize us to charge your designated payment method for all applicable platform fees
• Payments are due immediately and processed automatically on your billing date
• Failed payments will result in service suspension after a 7-day grace period
• We accept major credit cards (Visa, MasterCard, American Express), PayPal, and approved payment methods

Subscriptions & Auto-Renewal

• Subscription plans automatically renew at the end of each billing cycle unless cancelled
• You will be charged the then-current subscription rate upon renewal
• Cancel at least 24 hours before your renewal date to avoid being charged for the next cycle
• Annual subscriptions offer cost savings but are billed upfront for the full year

Price Changes & Adjustments

• We reserve the right to change pricing at any time with 30 days advance written notice
• Price changes will not affect your current billing cycle - only future renewals
• You may cancel your subscription before the price change takes effect
• Promotional pricing and special offers may be limited-time only

Taxes & Additional Fees

• All prices are exclusive of applicable federal, state, local, and foreign taxes
• You are responsible for paying all taxes applicable in your jurisdiction
• Payment processing fees may apply depending on your payment method
• Currency conversion fees may apply for payments in non-USD currencies

API Key Management

• API keys are confidential and must be kept secure - treat them like passwords
• You are responsible for all activity performed using your API keys, whether authorized or not
• Do not share API keys publicly (GitHub, forums, support tickets, etc.)
• Regenerate API keys immediately if you suspect they have been compromised
• We may revoke API access at any time for policy violations or suspicious activity

Platform Caps, API Limits & Fair Use

• Plans meter connected devices and SMS send volume; plan caps and API request limits apply (see Pricing and your account dashboard—not invent fixed marketing RPM as a contract)
• We do not offer unlimited unmetered SMS plans. Abuse, fraud, or traffic that threatens platform stability may be throttled, queued, or suspended
• Raising OEM/Android SMS rate ceilings (e.g. via ADB) does not remove operator fair-use, spam filters, plan SMS caps, or applicable law
• We reserve the right to investigate and suspend accounts with abnormal usage patterns
• Commercial resale or redistribution of our services requires a separate enterprise agreement
• Bulk sending must comply with mobile carrier regulations, consent rules, and operator rate limits

No Absolute Uptime Guarantee

While we strive for a reliable control plane (API, panel, and account systems), we do not guarantee 100% uninterrupted availability and do not publish a handset-path uptime SLA:

• Scheduled maintenance windows may cause temporary service interruptions (announced in advance when possible)
• Emergency maintenance may be performed without advance notice to address security or critical issues
• Third-party failures (mobile carriers, internet providers, cloud services) may affect service delivery
• SMS send capacity also depends on your Android device remaining powered, online, and paired, and on operator radio paths—these are outside a control-plane uptime claim
• We are not responsible for message delivery failures due to carrier network issues, empty operator balance, or recipient device problems
• Force majeure events (natural disasters, pandemics, wars, etc.) may impact service availability

8. Intellectual Property Rights

All content, features, and functionality of the Service are owned by Secuno LLC and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

• ✓Software code and algorithms
• ✓User interface and design elements
• ✓Text, graphics, logos, and images
• ✓Trademarks, service marks, and branding
• ✓Documentation, tutorials, and guides
• ✓API specifications and technical tools
• ✓Database structures and schemas
• ✓Business processes and methodologies

"AS IS" Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

• No guarantee of uninterrupted, timely, secure, or error-free operation
• No warranty regarding accuracy, reliability, or quality of results
• No guarantee of specific delivery rates, speeds, or success rates
• No warranty that the service will meet your specific requirements
• No responsibility for third-party services, integrations, or carrier issues

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability is limited to the amount you paid in the last 12 months (maximum $500)
• We are NOT liable for any indirect, incidental, special, consequential, or punitive damages
• We are NOT liable for lost profits, data loss, business interruption, or loss of opportunity
• We are NOT liable for damages caused by third-party services, carriers, or integrations
• Some jurisdictions don't allow liability limitations, so these may not apply to you

Indemnification

You agree to indemnify, defend, and hold harmless Secuno LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from: (a) your use or misuse of the Service, (b) your violation of these Terms, (c) your violation of any laws or regulations, (d) your message content, or (e) your infringement of third-party rights.

10. Governing Law & Dispute Resolution

11. Data Protection & Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We collect, use, and protect your data as described in our Privacy Policy.

12. User Generated Content & License

You retain all rights to the content you create and send through our Service (your messages, contact lists, templates, etc.). However, by using our Service, you grant us certain necessary rights:

13. Third-Party Services & Integrations

Our Service may integrate with or contain links to third-party services, applications, or websites:

14. Warranty Disclaimers

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may have other legal rights that vary by jurisdiction.

15. Modifications to These Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. When we make changes:

• ✓Update the 'Effective Date' at the top of this page
• ✓Send email notification for material changes
• ✓Post prominent notice on our website and in the application
• ✓Provide 30 days notice before changes take effect (when possible)

16. General Provisions