SMSstream is an integrated SMS platform that lets you manage your lists, contacts, create, schedule and send SMS campaigns across majority of global mobile carriers. The services that SMSstream offers are advertised on our main business website which is www.smsstream.com. The subsequent document discusses general terms and rules of using our services.
Both you as Customer and SMSstream as service provider are independent contractors/ entities, where customer is responsible to perform his/her part of the terms, and SMSstream is responsible of offering the agreed services. The TOS document/agreement isn’t intended to create any other business relationship that includes, partnership, join venture, franchise or employer employee relationship. You agree not to present yourself in any false relationship with SMSstream.
You must comply with the regulations governed by the law of the jurisdiction you live in and also the regulations/laws of the person to whom you are sending SMS to. SMSstream isn’t liable for the content you are transmitting through our gateway, as we don’t change modify the content you are sending through the SMS. However, we do give guidelines and keep certain policy to restrict, terminate or block certain kind of content which is described subsequently in this document.
You are responsible for the content you are transmitting and to whom you are sending to. In case of complaints from the recipient, representative of recipients, any agency/ regulatory authority or recipient’s network operator, you (Customer) will be the responsible figure to defend the complaints and follow the set procedure to answer the complaint in the given timeframe.
In case of contravention of any applicable rule, regulation or law, you (Customer) will be responsible to follow the set procedure of answering the complaints, paying the compulsory fines, imposed penalties or damages caused due to the contravention of any legislation/ regulation. SMSstream isn’t liable to pay fines, penalties and damages caused by your contravention or law or breaching any term of this TOS document.
SMSstream abides by the law and strictly adheres to the rules set by the regulatory bodies/authorities. You as our customer agree to do the same, and also agree to indemnify SMSstream its directors and employees against the damages, fines, penalties imposed by the regulatory bodies/ authorities, in result of breaching the TOS or contravention of the regulations/laws.
Following points give you an idea of the content prohibited to transmit through SMSstream gateway, either by using our portal, or by using our transactional API. Any breach of the content policy can result in temporary or permanent termination of your account.
Any content which is in any way inappropriate for the intended audience that includes but not limited to, hate speech, blasphemous content, abusive, provocative, threating, racial or any other type of discriminatory content and content that breaches someone others privacy.
It includes sending/distribution of any content protected by copyright law, content that is infringing on someone’s copyrights and trademarks.
Content that is pornographic, sexually explicit, or in any way seductive for the intended audience is strictly prohibited.
Transmitting/ sending of the content/material that is technically harmful for recipient’s device, it includes but not limited to the harmful codes, corrupted data, viruses etc.
Sending messages to promote gambling, money making or promoting pirated products is also not allowed.
Practices you Must Follow
You must be having consent of the intended audience/ recipients that you would be using SMS as way of communication and they will except to receive commercial short message texts from your side. You must be having express written consent of the recipients you are communicating via SMSstream, and must include identifying contact details, so that the recipient can clearly identify you as primary sender and owner of the content, and not SMSstream.
Always offer your contacts/subscriber with an easy use way to opt-out, and discontinue further messages from your side, and upon opt-out, you must stop messaging the unsubscribed ones.
SMSstream keeps a dynamic structure to evaluate the cost you will be paying to send SMS. It keeps different slabs of estimated messages you are planning to send in a certain period of time (One Month). Per message cost dynamically decreases as you increase your range of estimated monthly sending volumes. For a first month of account recharge, system automatically deducts per message cost according to the slab you have selected as your monthly estimated sending volume. After the completion of one month sending, system automatically does a reassessment.
If the monthly SMS count achieves the lowest range of estimated sending volume of the selected slab, (i.e. In 10,000 to 20,000 slab 10,001 is the lowest range), you will continue to pay the same per message cost as per your earlier selected slab. However in case of not being able to achieve even the lowest range of the selected slab, system will still not exhaust your remaining balance, but will automatically shift you in a lower slab, and for rest of the available balance, your per message cost will automatically be increased as per the slab you are downgraded to.
You cannot transfer the available balance in one account of SMSstream to another account of SMSstream.
You agree to pay per message cost as described above.
Customer agrees to provide true, current and all correct payment information, in case of untrue or incorrect payment information, your account can result in temporary suspension or permanent termination. If SMSstream suspects any fraudulent activity, we have right to suspend/ terminate the current services.
SMSstream reserves every right to revise and modify any or all terms of services described above, you acknowledge that you have read the terms of using our services before getting registered with SMSstream. Getting registered with us and using our services indicate your acceptance to these Terms of using our Services.