SMSFLARE Terms and Conditions

Service provider

The service provider is Artur Januszczyk Usługi Informatyczne IN4SYSTEM, trading under the SMSFLARE brand, address: ul. Grodzieńska 9/65, 19-300 Ełk, Polska, Polish tax ID (NIP): 8481600751, REGON: 281090809, email: info@smsflare.net, telephone: +48 600 827 406.

These Terms are made available free of charge before a contract is entered into, in a form that can be downloaded, stored and reproduced.

Scope and business-only nature

SMSFLARE supplies services exclusively to businesses. A person creating an account, accepting an offer or placing an order confirms that they act in a business or professional capacity and are authorised to represent the Customer.

These Terms are not an offer to consumers. If mandatory law grants a person rights that cannot be contractually excluded, these Terms do not restrict those rights.

Definitions

• Customer — the business entering into an agreement with the Service Provider;
• User — a person authorised by the Customer to use an account or the Portal;
• Portal — the SMSFLARE web-based customer or administration panel;
• Service — the website, form, Portal or paid service defined in an Order;
• Customer Traffic — SMS, OTP, Voice OTP, TTS or Flash Call communications and related data handled by the Customer through its own carriers and gateways;
• Customer Supplier — a carrier, aggregator, gateway, numbering or routing supplier independently selected by the Customer and with whom the Service Provider need not have any agreement;
• Order — an accepted offer, order form, specification or other document setting individual terms.

Rental subject and service scope

• free access to the website, content and contact form;
• an account and Portal with customer and administrator roles;
• monthly rental of a dedicated server or isolated instance with the SMS softswitch platform and access through the Portal, SMPP and HTTP API;
• CDR, DLR, reports, filtering, prepaid and postpaid billing and credit limits;
• software tools for SMS OTP, Voice OTP, TTS, voice and multi-gateway selection, Flash Calls and OTP recognition;
• content and URL functions, including word or fragment replacement, shortening and click tracking where ordered;
• testing tools, file imports, diagnostics and packet capture to the extent permitted by the agreement and law;
• support, maintenance and availability levels defined in the plan, Order or SLA.

Technical requirements

The Customer is responsible for its own systems, connectivity, configuration and integration compatibility. Packet captures and diagnostic logs may contain confidential data and access to them must be restricted.

• an Internet-connected device and current browser supporting TLS, JavaScript and necessary browser storage;
• an active email address and, for the Portal, valid credentials;
• for integration: a compatible SMPP or HTTP API implementation, IP addressing, certificates, ports and parameters specified in the documentation;
• for Customer Traffic: the Customer’s own active accounts and agreements with Customer Suppliers, a lawful traffic source and rights to use numbers, Sender IDs and routes.

Contract formation and order of documents

Submitting a contact form does not create a paid contract. An agreement is formed when both parties accept an Order or when the Service Provider confirms an order and makes the Service available, as specified in the Order.

In case of conflict, the following prevail: the DPA for data protection matters, the Order and SLA for individual terms, and then these Terms. The Privacy Policy describes data processing and does not replace a DPA.

Accounts and security

• The Customer provides accurate, current and complete data and updates it when it changes;
• each User must use an individual account; sharing credentials is prohibited;
• the Customer grants only necessary permissions and is responsible for its Users’ activity;
• suspected compromise of an account, API key or SMPP connection must be reported immediately;
• the Service Provider may require a password change or restrict a session, key, IP or route where necessary for security.

Lawful use

The Customer alone decides what it sends or receives, to or from whom, when and through which route using the rented platform. The Customer is responsible for the legality of Customer Traffic, recipient lists, content, numbers, Sender IDs, marketing permissions, carrier agreements and configuration. It must comply with the laws applicable to the sender, recipient, destination country, carrier and type of communication.

• spam, phishing, smishing, fraud, impersonation, malware, unlawful content and infringement of third-party rights are prohibited;
• circumventing carrier filters, falsifying traffic origin, artificially generating traffic, abusing DLRs or manipulating billing is prohibited;
• commercial communications may be sent only where all required legal grounds and consents are in place;
• OTP data, packet captures, URL clicks and message content may be processed only to the necessary, agreed and lawful extent;
• content replacement, DLR override and multi-attempt routing tools must not be used to mislead recipients, carriers or Customer Suppliers.

Zero tolerance for fraud and fake traffic

SMSFLARE does not support, accept or facilitate fake, fraudulent or misleading SMS messages or VoIP calls. The platform may be used only for lawful communications conducted by the Customer on its own responsibility.

Where technical indicators, a credible report from a carrier, recipient or authority, or other available information creates a reasonable suspicion of abuse, the Service Provider may immediately block an account, connection, route, API key or the entire instance without prior notice. The block may remain until the matter is clarified and the risk is removed.

• impersonating a person, business, bank, public authority, carrier or other organisation, and unlawfully spoofing a Sender ID, source number or Caller ID, is prohibited;
• phishing, smishing, vishing, scams, fake OTP, theft of data or money, malicious links and account takeover attempts are prohibited;
• artificial traffic generation, traffic pumping, wangiri, fraudulent automated calls, filter circumvention and concealment of the true origin or purpose of communications are prohibited;
• on request, the Customer must provide information showing the lawful source of Customer Traffic, rights to use numbers and Sender IDs, and required recipient consents.

Carriers, routing, delivery and statuses

The Customer contracts directly with carriers, aggregators and gateway suppliers, funds their accounts and configures credentials and routes. The Service Provider is not the Customer’s telecommunications carrier, does not buy or resell Customer Traffic and receives no delivery fee for it.

The platform executes technical rules configured by the Customer and displays DLR, CDR, click, OTP recognition or call statuses received from its gateways. The Service Provider is not responsible for acceptance, rejection, pricing, delay or delivery by a Customer Supplier, network or recipient device. Manually changing a displayed status does not alter events in the carrier network.

Fees, taxes and billing

Prices on the Polish website are net and generally subject to 23% VAT. USD prices exclude taxes applicable in the Customer’s country. Prices, currency, billing period and payment date in the Order or invoice are binding.

The subscription covers only rental of the server or instance, the right to use the platform and support stated in the Order. Prepaid, postpaid, billing and credit-limit functions are tools for the Customer to account with its own counterparties and do not mean that the Service Provider bills or finances Customer Traffic.

Invoices may be delivered electronically. Carrier, gateway, numbering, message and call costs are paid by the Customer directly to its Customer Suppliers. Additional work, a larger server or custom integration is billed only as stated in the Order.

Term, cancellation and termination

The agreement continues for the period in the Order. For monthly billing, the Customer may cancel during the current billing period and the Service remains active until its end unless the Order provides otherwise. Fees for a commenced period are not prorated unless agreed otherwise.

Either party may terminate immediately for a material breach that is not remedied within a reasonable period stated in a notice. The Service Provider may immediately suspend or terminate where Customer Traffic is unlawful, threatens security or infrastructure, exposes a carrier or another person to sanctions, the Customer persistently fails to pay, or continued service would breach the law.

Data, communications secrecy and DPA

The Customer is controller of Customer Traffic and data stored in its instance. The Service Provider does not generally monitor content or use it for its own purposes. Access may occur only where necessary for hosting, security, diagnostics or support, on Customer instruction or where required by law.

Where such access includes personal data, the parties enter into a DPA compliant with Article 28 GDPR. The Customer independently selects its carriers and is responsible for transfers to Customer Suppliers and destination countries.

A notice concerning specific illegal data stored on a server may be sent to info@smsflare.net, identifying the Customer or instance, location of the data, grounds of illegality and the notifier’s contact details. After receiving a credible notice, the Service Provider may preserve evidence, restrict access or comply with applicable law or an order from a competent authority.

Availability, maintenance and support

Depending on the plan, support is provided during business hours, as extended priority support or as 24/7 critical incident intake. Specific channels, response times and SLA are defined in the Order.

We may perform planned maintenance with advance notice where practicable. Emergency maintenance may begin without notice. SLA exclusions are defined in the Order and may include Customer or Supplier systems, public networks, force majeure and incompatible configuration.

Software errors, testing and data copies

The platform is complex software and, despite professional care, may contain defects, limitations or temporary incompatibilities. Unless an Order or SLA expressly states otherwise, the Service Provider does not warrant completely uninterrupted or error-free operation or any specific business outcome, delivery rate, revenue or saving.

The occurrence of a defect does not by itself constitute a breach where the Service Provider maintains the platform with due professional care and, after receiving a complete report, takes action proportionate to severity. The primary remedy is, at the Service Provider’s reasonable choice, a patch, update, workaround, re-performance of the affected operation or restoration of the latest available backup where backups are included in the Order.

• before production use, the Customer tests integrations, routing, billing, content replacement, DLR override, retry rules and updates using representative data;
• the Customer regularly exports configurations and data and maintains its own copies and recovery plan proportionate to the importance of the Service, unless the Order expressly assigns those duties to the Service Provider;
• the Customer monitors its instance and gateways and maintains an alternative solution for critical processes, particularly authentication and OTP;
• the Customer allows required updates to be deployed, avoids unsupported modifications and supplies logs and information necessary to reproduce a defect.

Intellectual property

SMSFLARE software, interface, documentation, graphics and marks remain the property of the Service Provider or its licensors. During the agreement, the Customer receives a non-exclusive, non-transferable right to use the Service internally within the agreed scope.

Without written consent, the Customer must not copy, resell, disclose to unauthorised persons, decompile or circumvent Service protections, except where mandatory law does not allow such restriction.

Liability

The Service Provider is responsible for making the server or instance available, operation of the software and support only within the Order and SLA. It is not responsible for the Customer’s telecommunications activity, Customer Traffic, content, recipients, consents, numbers, Sender IDs, carriers, gateways, routes, tariffs, carrier balances or the consequences of sending or receiving a communication.

To the extent permitted by law, the Service Provider is not liable for lost profits, revenue, anticipated savings, contracts or reputation, business interruption, claims by the Customer’s counterparties, or indirect or consequential loss, including loss caused by a software defect, technical interruption, loss of connectivity or inaccurate data received from an external system.

Liability for loss or corruption of data — where attributable to the Service Provider — is limited to reasonable restoration costs from the latest valid backup available under the Order. The Service Provider is not responsible for data that the Customer did not include in an agreed backup mechanism or could have restored from its own export.

The Service Provider’s aggregate liability arising from one event or related events is limited to net fees paid for the Service during the three months preceding the event. This does not apply to deliberate damage or liability that cannot lawfully be limited.

The Customer is responsible for claims, penalties and costs caused by Customer Traffic, its content, missing consents, third-party rights infringement, carrier agreements or unlawful use of the platform, unless caused solely by the Service Provider’s fault relating to the server or software.

Complaints

Send complaints to info@smsflare.net, identifying the Customer, account or message, issue, date and requested resolution. Complaints may be submitted in Polish or English.

We will reply within 14 days unless the Order or mandatory law requires a shorter period. Missing information may extend handling by the time needed to obtain it.

Changes to these Terms

We may amend these Terms for a valid reason, including changes to law, functions, security, Suppliers or billing. Active Customers will be notified at least 14 days before a change takes effect. A Customer that does not accept a material adverse change may terminate before its effective date.

A change immediately required by law, an authority, a security threat or abuse prevention may take effect sooner; the notification will explain the reason.

Governing law and final provisions

Polish law governs the agreement. Disputes are subject to the court having jurisdiction over the Service Provider’s place of business unless mandatory law provides otherwise.

If a provision is invalid or unenforceable, the remainder remains effective. These Terms are available in Polish and English; if the versions conflict, the Polish version prevails.