Terms of Service

These Terms of Service ("Terms") govern your use of the SMS Nexus platform and related services (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

SMS Nexus is a multi-carrier SMS and MMS messaging platform that enables businesses to send and receive text messages, manage phone numbers, create messaging campaigns, and integrate messaging capabilities via API. The Service includes a web-based dashboard, REST API, webhook support, and reseller functionality.

3. Account Registration and Security

To use the Service, you must register for an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials, including your password and API keys. You agree to notify us immediately of any unauthorized access to your account.

• You must be at least 18 years of age to use the Service.
• You are responsible for all activity that occurs under your account.
• We strongly recommend enabling two-factor authentication (2FA) for account security.
• Sharing account credentials or API keys with unauthorized parties is prohibited.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. You must not:

• Send spam or unsolicited messages: All messages must be sent to recipients who have provided prior express consent.
• Send illegal content: Messages must not contain illegal, threatening, harassing, defamatory, or fraudulent content.
• Violate TCPA regulations: You must comply with the Telephone Consumer Protection Act, including obtaining proper consent, honoring opt-out requests immediately, and maintaining do-not-call lists.
• Engage in phishing or fraud: Using the Service to impersonate others or deceive recipients is strictly prohibited.
• Interfere with the Service: Attempting to disrupt, overload, or compromise the Service infrastructure is prohibited.
• Resell without authorization: Reselling access to the Service requires an approved reseller account.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

5. Credits and Billing

• Credit System: The Service operates on a credit-based system. Each message sent consumes credits based on the message type (SMS or MMS) and destination.
• Non-Refundable: Purchased credits are non-refundable except where required by applicable law. Credits have no cash value and cannot be transferred to another account.
• Subscription Billing: If you subscribe to a plan, you will be billed on a recurring basis. You can upgrade, downgrade, or cancel your subscription at any time through your dashboard.
• Price Changes: We reserve the right to modify pricing with 30 days' notice. Continued use after price changes constitutes acceptance.
• Failed Payments: If a payment fails, we may suspend access to the Service until the payment is resolved.

6. API Usage

Access to the SMS Nexus API is governed by the following terms:

• Rate Limits: API requests are subject to rate limiting (60 requests per minute for general endpoints, 30 per minute for message sending). Exceeding limits will result in temporary throttling.
• Fair Use: API access must be used in accordance with fair use principles. Automated abuse or excessive polling is prohibited.
• API Keys: You are responsible for securing your API keys. Compromised keys should be revoked immediately through the dashboard.
• Changes: We may update the API with reasonable notice. We will make efforts to maintain backward compatibility where possible.

7. Intellectual Property

The Service, including its design, features, documentation, and code, is owned by SMS Nexus and is protected by intellectual property laws. You retain ownership of the content you send through the Service. By using the Service, you grant us a limited license to process and transmit your content as necessary to provide the Service.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMS NEXUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

Our total liability for any claims arising under these Terms shall not exceed the amount you paid to us in the 12 months preceding the claim. The Service is provided "as is" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not guarantee message delivery, as delivery depends on carrier networks, recipient device status, and other factors outside our control.

9. Termination

You may terminate your account at any time by contacting support or through your account settings. We may suspend or terminate your account if you violate these Terms, engage in abusive behavior, or fail to pay outstanding balances.

Upon termination, your right to use the Service ceases immediately. Any unused credits will be forfeited. We may retain certain data as required by law or for legitimate business purposes as described in our Privacy Policy.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, unless you opt out of arbitration within 30 days of account creation.

11. Contact Information

If you have questions about these Terms of Service, please contact us at: