The agreement between you and SMS365 for use of the platform.
Effective [EFFECTIVE DATE] · Last updated [EFFECTIVE DATE]
These Terms of Service (“Terms”) are a legal agreement between you (“you”, “Customer”) and [OPERATING ENTITY] (ABN [ABN]), trading as SMS365 (“SMS365”, “we”, “us”, “our”), governing your access to and use of the SMS365 website, platform, and APIs (together, the “Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
The Service is for business use. By using it you represent that you are at least 18 years old, and that where you use it on behalf of an organisation, you have authority to bind that organisation to these Terms — in which case “you” means that organisation.
You are responsible for your account, for the security of your login credentials and API keys, and for all activity that occurs under your account. Keep your credentials confidential and notify us promptly of any suspected unauthorised use. You must provide accurate account information and keep it current.
SMS365 is a multi-tenant business messaging platform that lets you send messages through a single gateway across multiple channels, manage contacts and campaigns, automate sends, and integrate with your own systems. Features available to you depend on your subscription plan. We may add, change or remove features over time.
You must not use the Service to send, store or transmit any content, or engage in any conduct, that:
We may investigate suspected breaches and cooperate with authorities. You are responsible for the acts and omissions of anyone using your account, including your own sub-accounts and end users.
You are solely responsible for ensuring that every message you send complies with the law. In particular, you must:
The Service helps you meet these obligations — for example, by attaching a working unsubscribe link and automatically suppressing opted-out recipients — but the legal responsibility for consent, content and compliance remains yours. You must not disable, circumvent or fail to use the opt-out mechanisms provided.
The Service is offered on subscription plans plus usage-based message charges, as described on our Pricing page. Unless stated otherwise, all fees are in Australian dollars and are exclusive of GST, which will be added where applicable.
We may change our fees on reasonable notice; changes do not affect the current paid period.
As between you and us, you own the data you submit to the Service, including your contacts and message content (“Customer Data”). You grant us a non-exclusive licence to host, process and transmit Customer Data as needed to provide the Service and as permitted by these Terms and our Privacy Policy.
You are responsible for the accuracy and legality of Customer Data and for having the rights and consents necessary for us to process it. Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.
The Service can connect to third-party applications you choose to enable. Your use of those applications is governed by their own terms and privacy policies. We are not responsible for third-party applications, and we may suspend an integration if it creates a security or operational risk.
We work to keep the Service available and reliable, but it is provided on an “as available” basis. We may perform maintenance, and availability can be affected by factors outside our control, including third-party networks. Unless a separate written service-level agreement applies, we do not guarantee any particular level of uptime or message delivery time. Support is provided as described on your plan.
The Service, and all software, content and materials we provide (excluding Customer Data), are owned by us or our licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms. You must not copy, modify, reverse-engineer, resell or create derivative works from the Service except as expressly permitted. Any feedback you give us may be used by us without restriction.
You may stop using the Service and close your account at any time. We may suspend or terminate your access, in whole or in part, if you materially breach these Terms (including the acceptable-use and consent obligations), if required by law or a network partner, or to protect the Service or others from harm — where practicable, with notice, and immediately where the risk is serious. On termination, your right to use the Service ends; provisions that by their nature should survive (including fees owed, data and IP, disclaimers, liability, indemnity and governing law) will survive. We can provide you a reasonable opportunity to export your data unless prevented by law.
To the maximum extent permitted by law, and subject to section 12, the Service is provided “as is” and “as available”, and we exclude all warranties, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that every message will be delivered.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or other law that cannot lawfully be excluded. Where our goods or services come with guarantees that cannot be excluded, and where permitted, our liability for breach of such a guarantee is limited (at our option) to re-supplying the services or paying the cost of having them re-supplied.
Subject to section 12, and to the maximum extent permitted by law:
You acknowledge that message delivery depends on third-party networks and recipient devices outside our control, and that we are not liable for failures, delays or charges caused by them.
You agree to indemnify and hold us harmless from and against any claims, liabilities, losses and costs (including reasonable legal costs) arising out of or in connection with: (a) your Customer Data or the messages you send; (b) your breach of these Terms, including the acceptable-use and consent obligations; or (c) your violation of any law or the rights of any third party (including recipients). This does not apply to the extent a claim is caused by our own breach or wrongful act.
We may update these Terms from time to time. The current version is always published here, with the “last updated” date shown at the top. Where changes are material, we will take reasonable steps to notify you. Your continued use of the Service after a change takes effect means you accept the updated Terms.