1. Acceptance of Terms

By installing the SMS38 Gateway app or using the SMS38 web platform, you agree that you:

• Are at least 18 years of age
• Have the legal right to use SMS38 services
• Accept all terms in this document
• Accept the Privacy Policy

2. Description of Service

SMS38 provides:

• An SMS sending API accessible via API key
• An Android application ("SMS38 Gateway") that allows using your Android device as an SMS gateway
• A web dashboard for managing messages, devices, and subscription plans

The service is intended for business use — sending transactional messages, notifications, and marketing communications to recipients who have consented to receive them.

3. Permitted Use

SMS38 may be used for:

• Delivery notifications
• Verification codes (OTP/2FA)
• Appointment reminders
• Account alerts and billing notifications
• Marketing messages (only to recipients who have given explicit consent)
• Emergency and critical service notifications

4. Prohibited Use

You must NOT use SMS38 for:

• Spam: Sending unsolicited bulk messages — results in immediate account suspension
• Phishing: Fraudulent messages designed to steal personal data — results in permanent deletion and referral to law enforcement
• SMS bombing: Flooding a number with repeated messages — results in immediate suspension and criminal referral
• Threats or harassment: Any threatening or abusive content — results in deletion and law enforcement referral
• Unauthorized access: Using another person's API key or account — results in suspension and liability for damages
• Illegal content: Any content that violates local or international law

5. User Responsibilities

You are responsible for:

• API Key security: Do not share your API key with anyone
• Data accuracy: Ensuring all data sent through the API is accurate and lawful
• Recipient consent: Ensuring recipients have consented to receive SMS from you
• Legal compliance: Ensuring use complies with all applicable laws (GDPR, local telecom regulations)
• Payment: Timely payment of your subscription plan

6. Payments & Refunds

Pricing

• Subscription plans are paid via PayPal, Monri, Skrill, or Paddle
• Plan pricing is displayed before checkout — no hidden fees
• Subscriptions are billed per period (monthly or yearly) as selected

Refund Policy

• Refund is possible within 14 days of purchase if the service has not been substantially used
• No refund for periods already consumed
• Refunds due to SMS38 service errors are considered on a case-by-case basis
• Contact: info@sms38.info

7. Service Limitations

• Delivery guarantee: SMS38 does not guarantee 100% delivery. Delivery depends on the recipient's carrier and device availability.
• Rate limits: Maximum 30 SMS/second, 10,000 SMS/hour per API key
• Uptime: 99.9% uptime target, but no SLA is guaranteed
• Message length: Standard SMS is 160 characters. Longer messages are sent as concatenated SMS.

8. Account Suspension & Termination

SMS38 may suspend or terminate your account if you:

• Violate any part of these Terms
• Send spam, phishing, or abusive messages
• Have unpaid invoices
• Use unauthorized automation tools or bots
• Engage in fraudulent activity (using others' API keys, etc.)

9. Account Deletion

You may request deletion of your account at any time. All data will be deleted within 7 days.

Send an email with subject "Account Deletion Request" to: info@sms38.info

10. Governing Law

These Terms are governed by the laws of Bosnia and Herzegovina. Disputes shall be resolved in the courts of Sarajevo, Bosnia and Herzegovina.

11. Contact

• Email: info@sms38.info
• Website: sms38.info