Terms of Service

These Terms of Service (the “Terms”) constitute a binding agreement between you, on behalf of the business entity that you represent (“Customer”, “you”), and SMS Bite Limited, a company incorporated in Hong Kong under Company Registration N° 78685084 (“SMSBite”, “we”, “us”). They govern your access to and use of the SMSBite platform, APIs, dashboards, SDKs and related services (collectively, the “Service”).

By signing an Order Form, opening an account, accepting these Terms in-product, or submitting traffic through the Service, you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

By accepting these Terms you represent and warrant that you have full authority to bind the Customer entity, that the Customer is duly incorporated and in good standing, and that the individual accepting these Terms is at least eighteen (18) years old.

These Terms are effective on the date you first accept them and remain in force until terminated in accordance with Section 15.

The Service is a carrier-grade SMS aggregation and messaging infrastructure platform offering programmatic message submission, routing to mobile network operators and licensed aggregators, identity and OTP verification, delivery telemetry, observability and related developer tooling across more than 180 countries.

Availability. We commit to the uptime, latency and delivery metrics stated in your Order Form or in the Service Level Agreement (“SLA”) incorporated by reference. Scheduled maintenance is announced in advance through the status page. Service credits, where applicable, are the sole and exclusive remedy for failure to meet the SLA targets.

Coverage. Available destinations, routes, operator profiles and sender-ID options are subject to change without notice based on regulation, operator availability, commercial agreements and risk management decisions. SMSBite does not warrant uninterrupted access to any specific destination or route.

Beta features. Features identified as “beta”, “preview”, “alpha”, “early access” or similar are provided on an as-is basis, may be unstable, may be modified or discontinued at any time and are excluded from the SLA and from the warranties in Section 12.

The Service is provided exclusively to verified business entities. It is not offered to consumers, is not intended for personal, family or household use, and is not available to natural persons acting outside the scope of a trade, business, craft or profession.

Before activation we may carry out Know-Your-Business (“KYB”) verification, including verification of corporate registration, ultimate beneficial ownership, regulated-industry licensing, sanctions screening and the nature of intended use cases. The Service may be withheld, suspended or terminated if KYB requirements are not met or if information provided proves to be materially inaccurate.

Use of the Service by entities that are not incorporated, that have been dissolved, that are subject to insolvency proceedings, or whose officers or beneficial owners are subject to sanctions in jurisdictions applicable to SMSBite, is strictly prohibited.

Access to the Service is granted through API credentials, dashboard accounts and sender-ID registrations issued to you. You are responsible for maintaining the confidentiality of these credentials and for all activity that occurs under your account, whether or not authorised by you, including activity by your employees, contractors, integrators and end-users.

You agree to implement reasonable security controls in respect of credential storage, multi-factor authentication, key rotation and role segregation. SMSBite is not liable for losses arising from your failure to secure credentials or from your authorised users’ actions.

If you suspect or become aware that any credential, key, sender ID or account has been compromised, lost or used without authorisation, you must notify SMSBite without undue delay at security@smsbite.com and take immediate action to revoke or rotate the affected credential.

You agree to use the Service, and to ensure that your end-users use the Service, in compliance with all applicable laws and operator rules, including without limitation:

• The US CAN-SPAM Act, the Telephone Consumer Protection Act (“TCPA”) and state equivalents.
• The GDPR, UK GDPR, the ePrivacy Directive and the Privacy and Electronic Communications Regulations (“PECR”).
• The Hong Kong Personal Data (Privacy) Ordinance and the Unsolicited Electronic Messages Ordinance.
• Mobile network operator policies, registered sender-ID requirements and content-type restrictions for each destination country.
• Destination-country messaging registries and pre-clearance regimes, including the Telecom Regulatory Authority of India’s Distributed Ledger Technology (“DLT”) framework, the Saudi CITC Sender-ID registry and equivalents.

You agree not to use the Service to: distribute malware, viruses or other harmful code; conduct phishing, smishing or social-engineering attacks; generate fraudulent or speculative one-time passwords or verification codes; misrepresent the sender of a message; spoof a sender identifier you are not authorised to use; or evade, circumvent or interfere with operator filters, spam-detection systems or any technical measures applied by SMSBite or its upstream partners.

We may, at our sole discretion and without prior notice, suspend traffic in whole or in part to protect the integrity of the Service, comply with operator or regulator instructions, or respond to credible reports of abuse.

The following uses of the Service are strictly prohibited. Engagement in any of them is grounds for immediate suspension or termination without notice and, where applicable, for reporting to law-enforcement and regulatory authorities.

• Spam and unsolicited traffic — messages sent without valid, demonstrable opt-in from the recipient.
• Scams and financial fraud — including advance-fee fraud, fake-delivery notifications, fraudulent invoice and supplier schemes, romance scams, investment and crypto-asset scams.
• Sextortion, harassment and threats— messages intended to coerce, intimidate or blackmail recipients.
• Content illegal in the destination country— including political, religious or moral content prohibited by local law.
• Hate speech and incitement — content that promotes violence or hatred against individuals or groups on protected characteristics.
• Weapons and controlled substances — offers, sale or facilitation of firearms, explosives, drugs and other controlled goods where prohibited.
• Election interference and political manipulation— including coordinated inauthentic behaviour, voter suppression and unauthorised political microtargeting.
• Impersonation deepfakes — the use of synthetic media or AI-generated content to impersonate any natural or legal person.
• Child sexual abuse material (CSAM)— zero tolerance; immediate termination, full forensic preservation of records and reporting to law-enforcement and the relevant hotline organisations.

The list above is illustrative and not exhaustive. SMSBite reserves the right to designate additional categories of prohibited use and to update them from time to time.

SMSBite operates a zero-tolerance anti-spam regime. You are solely responsible for ensuring that every recipient of a message routed through your account has provided valid, demonstrable opt-in consent that complies with the applicable law of the recipient’s jurisdiction.

You agree to maintain records of opt-in evidence — including timestamp, source channel, the version of any consent text presented to the recipient and the method of capture — for a minimum of five (5) years, and to produce such records to SMSBite within forty-eight (48) hours of a written request.

Spam-complaint signals received from operators, recipients or regulators are monitored continuously. Where complaint rates exceed operator-published thresholds, or where SMSBite has reasonable grounds to believe that opt-in evidence is insufficient, we may immediately suspend the affected traffic, the relevant sender ID or the entire account, pending investigation.

You agree to comply with destination-country registries and pre-clearance regimes, including (without limitation) the Indian DLT framework for header and content registration, registered sender-ID requirements in EU member states, the United Kingdom and the Gulf-Cooperation Council countries, and the operator-specific short-code or alpha-sender approval workflows applicable in each market.

Fees for the Service are set out in your Order Form or in the in-product pricing applicable at the time of submission. Charges are calculated based on submitted messages and the destination-operator pricing in effect at submission, plus any committed minimums, platform fees, sender-ID rental fees or value-added services agreed.

• Unless otherwise specified in an Order Form, invoices are issued monthly in arrears and are payable within thirty (30) days of the invoice date (net 30).
• Pre-paid balances may be required for new accounts, for high-risk destinations or in response to credit-risk assessments. Pre-paid balances are non-refundable except as required by law and expire twelve (12) months after the date of top-up if not consumed.
• Overdue amounts bear interest at the lesser of one-and-a-half percent (1.5%) per month or the maximum rate permitted under applicable law, accruing from the original due date until paid in full.
• All fees are exclusive of taxes, duties and similar government charges. You are responsible for all such taxes other than taxes on our net income. Where withholding tax is required by law, you will gross up payments so that SMSBite receives the full invoiced amount.
• As SMSBite is established in Hong Kong, supplies of the Service are generally outside the scope of Hong Kong indirect tax. You remain responsible for any reverse-charge or local sales tax that applies in your own jurisdiction.

Invoices not disputed in good faith within fifteen (15) days of receipt are deemed accepted. Disputed amounts must be raised in writing to contact@smsbite.com with reasonable supporting detail.

SMSBite and its licensors retain all rights, title and interest in and to the Service, including the platform, software, APIs, dashboards, SDKs, documentation, designs, trademarks, service marks, trade names, domain names and any related intellectual property. No rights are granted to you other than those expressly set out in these Terms.

You retain all rights, title and interest in and to the content of messages submitted by you or on your behalf through the Service (“Customer Content”). You grant SMSBite a limited, non-exclusive, worldwide, royalty-free licence to host, store, process, transmit and display Customer Content solely as necessary to operate, secure and provide the Service, comply with operator and regulatory obligations, and exercise our rights under these Terms.

Feedback, suggestions or ideas you provide to SMSBite about the Service are non-confidential and may be used by SMSBite without restriction or compensation, provided that we will not publicly attribute such feedback to you without your consent.

Each party (the “Receiving Party”) may have access to non-public information of the other party (the “Disclosing Party”), including business plans, customer lists, pricing, technical information, security measures and Order Form terms (“Confidential Information”).

The Receiving Party agrees to (a) protect Confidential Information with the same degree of care it uses to protect its own confidential information, and in any case no less than reasonable care; (b) use Confidential Information only as necessary to perform under these Terms; and (c) limit disclosure to its personnel and advisors who have a need-to-know and who are bound by confidentiality obligations no less protective than those set out in these Terms.

Confidential Information does not include information that (i) is or becomes publicly known without breach of these Terms, (ii) was known to the Receiving Party prior to disclosure, (iii) is independently developed by the Receiving Party without reference to the Confidential Information, or (iv) is required to be disclosed by law, provided that the Receiving Party gives prompt notice to the Disclosing Party where legally permitted.

SMSBite’s processing of personal data is governed by our Privacy Policy and, in respect of personal data processed on your behalf, by the Data Processing Addendum (“DPA”) executed between you and SMSBite or made available on request to legal@smsbite.com.

With respect to end-recipient data (including MSISDNs and message content) processed in the routing of your traffic, you act as the data controller and SMSBite acts as the data processor. You are responsible for obtaining and maintaining all consents, notices and lawful bases required for SMSBite to process such data under your instructions.

You warrant that you will not provide SMSBite with any special-category personal data, health information, payment-card data, government-issued identifiers or other sensitive data otherwise than as expressly agreed in writing and supported by appropriate safeguards.

SMSBite warrants that it will perform the Service in a professional and workmanlike manner, substantially in accordance with the SLA where applicable. Your sole and exclusive remedy, and SMSBite’s entire liability, for breach of this warranty is the provision of service credits as set out in the SLA.

SMSBite does not warrant that messages will be delivered in every case. Delivery depends on factors outside our control, including operator availability, recipient device state, recipient handset settings, intermediate-network behaviour and regulatory or operator-level filtering. SMSBite does not warrant that the Service will be uninterrupted, error-free or free of harmful components.

To the maximum extent permitted by applicable law:

• Neither party will be liable for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profits, loss of revenue, loss of goodwill, loss of data or business interruption, whether or not the party has been advised of the possibility of such damages and regardless of the legal theory.
• Each party’s total aggregate liability arising out of or relating to these Terms, whether in contract, tort (including negligence) or otherwise, will not exceed the fees paid or payable by you to SMSBite under these Terms in the twelve (12) months preceding the event giving rise to the claim.
• The foregoing limitations do not apply to: (a) your obligation to pay undisputed amounts; (b) infringement by either party of the other’s intellectual property; (c) breach of confidentiality obligations; (d) liability for fraud, gross negligence or wilful misconduct; or (e) liabilities that cannot be excluded or limited under applicable law.

The parties acknowledge that the limitations in this Section reflect a reasonable allocation of risk and are an essential element of the bargain between the parties, without which SMSBite would not provide the Service at the agreed price.

You will defend, indemnify and hold harmless SMSBite and its officers, directors, employees, agents and affiliates from and against any third-party claims, damages, losses, liabilities, fines and reasonable costs (including reasonable attorneys’ fees) arising out of or relating to: (a) Customer Content; (b) your or your end-users’ use of the Service in violation of these Terms, including the acceptable-use and anti-spam provisions; (c) your violation of any law, regulation or third-party right; or (d) any operator fine, charge-back or regulatory penalty resulting from your traffic.

SMSBite will defend, indemnify and hold harmless you from any third-party claim alleging that the unmodified Service, used in accordance with these Terms, infringes such third party’s intellectual property rights, subject to standard exclusions for claims arising out of (i) modification of the Service by anyone other than SMSBite, (ii) combination of the Service with products or services not provided by SMSBite, or (iii) Customer Content.

The indemnifying party’s obligations are conditional on the indemnified party (a) giving prompt written notice of the claim, (b) granting sole control of the defence and settlement, and (c) providing reasonable cooperation at the indemnifying party’s expense.

Either party may terminate these Terms for material breach by the other party if the breach is not cured within thirty (30) days after written notice describing the breach in reasonable detail.

SMSBite may, in addition, suspend or terminate the Service in whole or in part, with or without prior notice, in the event of:

• A breach of the acceptable-use, anti-spam or prohibited-activities provisions of these Terms.
• Failure to pay undisputed amounts when due.
• Insolvency, bankruptcy, administration, liquidation, assignment for the benefit of creditors or analogous event affecting the Customer.
• Abuse complaints, fraud signals or AIT (Artificially Inflated Traffic) patterns that, in our reasonable judgement, present a material risk to SMSBite, its operators, its other customers or end-recipients.
• An order, instruction or written request from a competent regulator, operator or law-enforcement authority requiring suspension.
• Termination of an upstream operator agreement or licence necessary to provide the Service or a particular route.

On termination, your right to access the Service ends, all outstanding amounts become immediately due, and each party will return or destroy the other party’s Confidential Information except where retention is required by law or backup-cycle policy. Sections that by their nature are intended to survive termination (including fees accrued prior to termination, intellectual property, confidentiality, indemnification, limitation of liability and governing law) will so survive.

You are solely responsible for obtaining and maintaining all consents, authorisations, sender-ID registrations and licences required by the laws of each destination country in which you send traffic, including end-recipient opt-in consent under the privacy and electronic-messaging laws of that country.

You agree to maintain auditable records of opt-in evidence and of any subsequent opt-out, suppression or do-not-contact requests for a minimum of five (5) years, and to produce such records to SMSBite within forty-eight (48) hours of a written request.

You agree to comply with all applicable export-control and sanctions laws and represent that you will not use the Service in violation of any such laws. You will not, and will procure that your end-users will not, send traffic to or from jurisdictions, persons or entities subject to comprehensive sanctions applicable to SMSBite.

You are responsible for the lawfulness of the content of every message submitted through your account, including its compliance with consumer protection, advertising, gambling, pharmaceutical, financial promotion and political messaging rules of the destination country.

These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict-of-law principles.

The parties submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region for the resolution of any dispute arising out of or in connection with these Terms, save that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

SMSBite may update these Terms from time to time. Material changes — changes that adversely affect your rights or materially modify your obligations — will be notified to account contacts by email and posted on the website at least thirty (30) days before they take effect. Non-material changes (clarifications, formatting, typographical corrections, references to new sub-products) take effect on publication.

Continued use of the Service after the effective date of a revision constitutes acceptance of the revised Terms. If you do not agree, you must cease use of the Service and may terminate in accordance with Section 15.

Notices to SMSBite must be sent by email to legal@smsbite.com with a copy by registered post to the registered office set out below. Notices to you may be given by email to the address registered for your account or through in-product notification, and are deemed received on delivery.

The Service is provided by:

For Order Forms, the Service Level Agreement, the Data Processing Addendum, the current sub-processor list and SOC 2 reports under NDA, please write to legal@smsbite.com.