General principles

1. These Terms and Conditions govern every form of access to and use of the Online SMS platform by individuals or organisations who create, manage or send SMS campaigns through our tools.
2. We may update this document to reflect legal, operational or commercial changes. Revisions take effect once they are published on the website.
3. By creating an account or continuing to use the service you confirm that you have read and accepted the latest version of the Terms. Variations are valid only if agreed in writing and signed by Online SMS.
4. Any purchasing or procurement terms proposed by the user do not apply to the contractual relationship with Online SMS, even if communicated or published by the user.

Accounts and eligibility

1. Users must have the legal capacity to contract and, where applicable, the internal authorisation required to send communications on behalf of their organisation.
2. Account details must remain accurate, complete and current. We may request supporting documents to verify identity, authority or compliance obligations.
3. Safeguarding login credentials is solely the user's responsibility. All activity executed through the account is deemed authorised until we are informed in writing about suspected unauthorised access.

Service description and telecom relationship

1. Online SMS provides software that helps orchestrate and dispatch SMS messages via the client’s own devices or other technical integrations made available within the platform.
2. We are not an electronic communications provider and we do not maintain commercial ties or obligations with mobile network operators. Our role is limited to delivering an automation tool.
3. Each client must understand and observe the limits, fair-usage policies, pricing rules and contractual undertakings agreed with their telecom operator. Online SMS cannot control and is not liable for any actions taken by operators, including suspension or termination of subscriptions or SIM cards.
4. Message acceptance, routing and delivery depend on third-party networks and recipient devices. We cannot warrant that every SMS will be transmitted or delivered without delay.
5. The client is solely responsible for obtaining recipient consent and for ensuring that all communications comply with applicable marketing, privacy and telecommunication laws.

Acceptable use

1. The service may only be used for lawful, transparent communications that follow industry codes related to SMS marketing, consumer protection and data privacy.
2. Sending content that is abusive, misleading, discriminatory, threatening, infringing or otherwise unlawful is strictly prohibited.
3. Attempts to bypass security controls, disrupt the platform or gain access to another customer’s account constitute material breaches and may result in immediate suspension.
4. Online SMS may perform technical monitoring of message flows in order to detect errors, abuse or security incidents, while complying with data-protection requirements.

Pricing, payments and credits

1. Unless stated otherwise, prices are quoted exclusive of taxes and duties.
2. Depending on the selected plan, pricing relies on pre-paid credits or recurring subscriptions. Credits become available after the payment is confirmed.
3. We may review fees or pricing structures from time to time. Changes will be announced on the website or within the account, and continued use after the effective date constitutes acceptance.
4. Users must settle invoices or pro-forma invoices in full. Untimely payment may lead to suspension until the balance is regularised.
5. Credits or partially used subscriptions are non-refundable, non-transferable and may not be resold, except where mandatory law requires otherwise.

Data protection and privacy

1. Online SMS processes customer and recipient data solely to supply the service and related maintenance. We do not sell or lease databases to third parties.
2. Clients must ensure they have a valid legal basis to process recipient data and must maintain clear records of consent and preference management.
3. We implement reasonable technical and organisational safeguards (authentication, access control, auditing), although no system can guarantee absolute security.
4. Where required by law, we may disclose data to public authorities, within the limits of the request and, where permitted, with notice to the customer.

Liability

1. Online SMS is liable only for proven direct damages resulting from culpable breach of contractual obligations, capped at the amounts paid by the customer for the affected services during the previous six months.
2. We exclude liability for indirect or consequential losses, including lost profits, lost data, penalties applied by telecom operators or consequences arising from operator decisions to suspend service.
3. The customer shall indemnify and hold Online SMS harmless from third-party claims stemming from messages sent or data supplied through the platform where the situation is attributable to the customer.
4. Nothing in these Terms limits liability for wilful misconduct or gross negligence where such limitation would be unlawful.

Termination and refunds

1. Customers may request account closure by written notice. We will process the request within a reasonable time, subject to settlement of outstanding amounts.
2. We reserve the right to suspend or terminate accounts that breach these Terms, fail to pay invoices or otherwise misuse the service.
3. Payments are non-refundable to the fullest extent permitted by law. If a refund is legally required, it will be issued within 14 days from confirmation of eligibility.
4. The service is designed for professional use. Consumer users acknowledge that service provision may start immediately after payment and accept that the right of withdrawal is waived once delivery has commenced.

Company details

• Company name: EADV S.R.L.
• Office: Str. Rezervelor, Nr. 60
  Com. Chiajna, Jud. Ilfov, Romania
• VAT ID: 52053911
• Trade registry number: J2025046693001
• Email: [email protected]