Terms of Service – Ultimate SMS
Effective Date: 10-08-25
Last Updated: 10-08-25
These Terms of Service (“Terms”) govern your use of Ultimate SMS (“we,” “our,” “us”) and our website, applications, and related services (collectively, the “Services”). By creating an account or using our Services, you agree to these Terms. If you do not agree, you must stop using the Services.
1. Eligibility
You must:
Be at least 18 years old or the legal age in your jurisdiction.
Have the authority to enter into a binding agreement on behalf of yourself or your organization.
Not be prohibited from using our Services under applicable laws.
2. Account Registration
You must provide accurate, current, and complete information when registering.
You are responsible for maintaining the confidentiality of your login credentials.
You are responsible for all activities under your account.
3. Permitted Use
You may use our Services only for lawful, authorized purposes, including:
Sending SMS/MMS messages to recipients who have opted in.
Storing and managing your contact lists in compliance with data protection and anti-spam laws.
4. Prohibited Activities
You may not:
Send unsolicited, spam, or fraudulent messages.
Use our Services for illegal, abusive, harassing, or deceptive purposes.
Infringe on intellectual property rights.
Interfere with or disrupt our systems.
Circumvent usage or account limits.
Violation of these rules may result in immediate suspension or termination of your account.
5. Compliance With Laws
You agree to:
Comply with all applicable laws, including GDPR, CCPA, TCPA, CAN-SPAM, and local telecom regulations.
Obtain valid consent from recipients before sending messages.
Include clear opt-out instructions in your messages.
Honor all opt-out requests promptly.
6. Fees & Payment
Fees for the Services are as described at the time of purchase.
All charges are billed in advance and are non-refundable unless stated otherwise.
We may suspend your account for overdue payments.
7. Message Delivery
We route messages through third-party SMS gateway providers.
We do not guarantee delivery times or successful message delivery.
Delivery may depend on factors beyond our control, such as carrier network availability.
8. Data Privacy & Security
Your use of the Services is subject to our Privacy Policy.
You retain ownership of your customer data; however, you grant us the right to process it for providing the Services.
We use commercially reasonable security measures to protect your data.
9. Suspension & Termination
We may suspend or terminate your account if:
You violate these Terms.
You use the Services in a way that causes legal risk or harm to others.
We are required by law or regulation.
Upon termination, your access to the Services will cease, but legal obligations and certain rights will survive.
10. Limitation of Liability
To the maximum extent permitted by law:
We are not liable for indirect, incidental, or consequential damages.
Our total liability will not exceed the amount paid by you in the 12 months prior to the claim.
11. Indemnification
You agree to indemnify and hold harmless Ultimate SMS, its affiliates, employees, and partners from any claims, damages, or liabilities arising from:
Your use of the Services.
Your violation of these Terms.
Your violation of any applicable law or third-party rights.
12. Changes to the Terms
We may update these Terms from time to time. Continued use of the Services after changes means you accept the updated Terms.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to conflict of law principles.
14. Contact Information
If you have any questions about these Terms:
Email: akasham67@gmail.com
Address: House no: 42, Block - J, Road No - 12, 3 South, Dhaka 1219
Data Protection Officer (if applicable): Codeglen & Email: akasham67@gmail.com
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