1. Definitions
- Service means the MassiveSMS web application, dashboard, API, and ancillary services at massivesms.com and api.massivesms.com.
- Customer means the individual or entity that created the account.
- Recipient means a person whose phone number receives SMS through the Service.
- Credits are pre-paid units redeemed by sending SMS, valid for 12 months from purchase.
- Content means message bodies, contact data, sender IDs, and any data submitted to the Service.
2. Eligibility & account
You must be at least 18 years old and authorized to bind any entity you represent. You are responsible for the security of your credentials, all actions taken under your account, and for designating administrators with appropriate scope.
3. Acceptable use
You may not use the Service to:
- Send messages without the prior, demonstrable consent of each Recipient.
- Send unlawful, harassing, defamatory, deceptive, or fraudulent content.
- Promote regulated industries where SMS is restricted (e.g., gambling in jurisdictions that prohibit it, controlled substances, sex work, illegal firearms, multi-level marketing schemes).
- Violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM, GDPR, LGPD, CASL, PECR, or any analogous law.
- Circumvent rate limits, scrape, reverse-engineer, or interfere with the Service.
- Use any automation, AI, or aggregation tool to harvest contact data without consent.
You are solely responsible for the content you send and for compliance with all applicable consent, opt-out, and recordkeeping requirements.
4. Credits, billing, and refunds
Credits are sold as one-time, non-recurring packs in U.S. Dollars. Credits expire 12 months after purchase. Unused credits are refundable within 30 days of purchase. Once a credit is consumed by sending an SMS, it is non-refundable, since carrier fees are incurred at send time.
Full refund eligibility, processing times, chargeback handling, and region-specific consumer rights are detailed in the Refund & Chargeback Policy, which is incorporated into these Terms by reference.
Taxes (sales tax, VAT, GST) are calculated and charged where applicable. You are responsible for withholding taxes if your jurisdiction requires it.
5. Payment processing
Payment processing for MassiveSMS is provided by Stripe, Inc. and its regional affiliates (collectively, "Stripe"). By making a purchase, you agree to Stripe’s Consumer Terms of Service and acknowledge Stripe’s Privacy Policy. Card data is collected and stored exclusively by Stripe, which is PCI DSS Level 1 certified. We never see, store, or transmit card numbers; we receive only Stripe-issued tokens to charge the saved payment method.
Transactions may be assessed by Stripe Radar for fraud risk and may be declined, delayed, or held for review independent of MassiveSMS. We are not liable for declines, holds, or refunds resulting from Stripe’s risk decisions.
Card-network rules (Visa, Mastercard, American Express, Discover, and equivalent local schemes) apply to every transaction. We comply with the rules of these networks as enforced by Stripe.
6. Service availability
We target 99.9% monthly uptime for the API and dashboard. Scheduled maintenance is communicated in advance when possible. We are not liable for downtime caused by carrier outages, third-party integrations, or events outside our reasonable control.
7. Data ownership
You retain all rights to your Content. We claim a non-exclusive, worldwide, royalty-free license solely to operate the Service: route messages, run analytics, debug, and improve our infrastructure. We do not sell your Content. Detailed processing terms live in the Data Processing Agreement.
8. Termination
You may close your account at any time from Settings → Profile → Danger zone. We may suspend or terminate accounts that violate these Terms, with or without notice. On termination, your unused credits older than 30 days from purchase are forfeited; remaining credits within 30 days are refunded to the original payment method.
9. Indemnification
You agree to indemnify and hold Massive SMS Inc., its directors, employees, and agents harmless from any claim, loss, or expense (including reasonable legal fees) arising from your Content, your violation of these Terms, or your violation of any law or third-party right (including TCPA claims by Recipients).
10. Limitation of liability
To the maximum extent permitted by law, Massive SMS Inc.’s aggregate liability for any claim arising out of or related to the Service is limited to the amount you paid us in the 12 months preceding the claim, or USD $500, whichever is greater. We are not liable for indirect, incidental, special, consequential, or punitive damages.
11. Governing law
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. Disputes will be resolved by binding arbitration in San Francisco, California, under the rules of the American Arbitration Association, except either party may seek injunctive relief in any court of competent jurisdiction.
12. Changes
We may update these Terms with at least 30 days’ prior notice via email and in-product banner for material changes. Continued use after the effective date constitutes acceptance.
13. Contact
Legal notices and questions: legal@massivesms.com. Mailing address: Massive SMS Inc., 2261 Market Street #4001, San Francisco, CA 94114, USA.