1.1 Internet Messaging Australia Pty Ltd ("Us" or "We") provides the 5c SMS and Dingo Mail website and various related services (collectively, the "Service") to you, the User, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written agreement between us and you.
1.2 In addition, when using this Service, Users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
1.3 These Terms of Service are effective as of the date you register for our service. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Service and these Terms of Service from time to time and to familiarise yourself with any modifications.
1.4 Your continued use of this Service after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
1.5 We reserve the sole right to either modify or discontinue the Service, including any of the Service's features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Service shall also be subject to these Terms of Service.
1.6 We reserve the right to refuse to offer Services to anyone, in whole or part for any, or no reason.
2.1 In order to activate your account and comply with Australian Government regulations, we are required to collect and validate identification documents from you. This requirement is mandated under the Telecommunications (Service Provider - Identity Checks for Prepaid Mobile Carriage Services) Determination 2013. More details on this requirement are available at: https://www.acma.gov.au/id-checks-prepaid-mobiles
2.2 You must provide valid identification documents when requested during the registration process or at any time when requested by our authorised representives. Acceptable forms of identification include government-issued photo identification such as a driver's license, passport, proof of age card, or other documents as specified by the Australian Communications and Media Authority (ACMA).
2.3 Document handling and security: All identification documents you provide will be collected through our secure document upload system. You must follow our directions and upload documents only through the designated secure portal provided in your account dashboard or registration process. We will not accept identification documents sent via email, standard messaging, or other unsecured channels.
2.4 Your identification documents will be handled in accordance with the Privacy Act 1988 (Cth) and other applicable data protection laws. Documents will be: securely stored using encryption and access controls; accessed only by authorized personnel for verification purposes; retained only for the period required by law; and securely destroyed in compliance with applicable legal requirements.
2.5 Contact information requirement: You must provide a telephone number at which you can be contacted. This contact number must be valid and you must maintain access to this number for account verification and security purposes. Failure to maintain a valid contact number may result in suspension or termination of your account.
2.6 You acknowledge that failure to provide valid identification documents, contact information or to comply with identity verification requirements may result in: inability to activate your account; suspension of services until verification is completed; or termination of your account in accordance with our Termination policy. We reserve the right to request additional identification or verification information at any time to comply with our legal obligations.
2.7 Your personal information and identification documents will be handled in accordance with our Privacy Policy and Data Protection Policy as outlined in these Terms of Service. You have the right to request access to your identification documents and information we hold about you, subject to applicable laws.
3.1 Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service.
3.2 You must not use our services, or allow anyone else to use our services, for illegal or improper uses, including uses that are not reasonably incidental to your use of our services or sanctioned by us. For example: for fraudulent, criminal or other illegal activity, including in a way that constitutes an infringement or the commission of an offence against any law, standard or code; sending unsolicited bulk or commercial messages, as defined by the SPAM Act 2003, or other unauthorised messages; adding, removing or modifying identifying mobile number information in an effort to deceive or mislead; in a way that is defamatory or in any way breaches another person's rights, including copyright or other intellectual property rights; to misuse another party's confidential information; to store, publish or send any material that is illegal, defamatory, pornographic, obscene, depicts acts of violence, sexual acts or which may incite or perpetuate hatred against any person or group or have the likely effect of causing offence or harm; in any way which breaches any security or other safeguards or in any other way which harms or interferes with our services, a network or the networks or systems of others, including in any way which results in a virus, worm, trojan horse or similar program affecting us, another provider or anyone else; to send or receive instructions which, if implemented, might cause damage or injury to any person or property; to falsify or delete any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file that you upload; in any way which menaces or harasses any person or causes damage or injury to any person or property; to create, use, copy, download or provide any directory of our services, users or any other user or usage information to a person or organisation; in any way which enables you to make use of our services without charge, when a charge is normally payable; or to continue to exploit our services in a manner contrary to our offers after receiving notice from us.
3.3 For email services specifically, you must not: send phishing emails or emails designed to fraudulently obtain personal information; distribute malware, ransomware, or malicious code via email; spoof sender addresses or manipulate email headers to disguise the origin of messages; send emails without proper authentication (SPF, DKIM, DMARC records); fail to honour unsubscribe requests within 10 business days; purchase, rent, or use third-party email lists without verified opt-in consent; send emails to suppression lists or previously unsubscribed contacts; or fail to include a valid physical postal address and functional unsubscribe mechanism in commercial emails.
3.4 You are responsible for maintaining and managing your own suppression lists, unsubscribe lists, and opt-out preferences. You must implement and maintain proper list management practices including regular list hygiene, bounce processing, and complaint handling.
3.5 All users fully indemnify us for any and all actions arising from misuse of this service.
3.6 We generally do not pre-screen, monitor, or edit the content of the communications on our Service. However, we and our agents have the right at their sole discretion to prevent and suspend any communications that, in our judgment, does not comply with these Terms of Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in preventing or removing such content. You hereby consent to and waive any claim against us arising out of such actions taken by us.
4.1 As a telecommunications service provider operating in Australia, we are subject to the Telecommunications (Reducing Scam Calls and Scam SMS) Industry Code 2024 ("Scam Code"). The Scam Code places obligations on all carriers and carriage service providers (C/CSPs) to implement measures to protect consumers from harms caused by scams and to disrupt scam activity in Australia. You must comply with all requirements under the SPAM Act 2003 and the Scam Code when using our services.
4.2 Alphanumeric Sender ID requirements: The Scam Code places obligations on us not to originate short message (SMS) traffic on our networks using Alphanumeric Sender IDs (also known as "Alpha Tags") without taking steps to confirm that you have a valid use case for the Alphanumeric Sender ID. Before you can use an Alpha Tag, you must provide acceptable evidence that you have a valid use case for that Alpha Tag.
4.3 Evidence requirements for Alpha Tags: To use an Alphanumeric Sender ID, you must provide one of the following forms of evidence: (1) A written statement, including through email or other electronic means, where you confirm to us that you have a valid use case for the specified Alphanumeric Sender ID; (2) A written statement, including through email or other electronic means, from a third party (such as a marketing or communications company or entity), that they are authorised to use the Alphanumeric Sender ID on behalf of an entity with a valid use case; or (3) Where there is an existing or prior business relationship, where we have established that a valid use case exists.
4.4 Valid use cases for Alphanumeric Sender IDs include but are not limited to: Your Sole Trader name; Your Company name; Your Partnership name; Your registered Trust name; Your Co-Operative name; Your Indigenous Corporation name; Your Registered Organisation name; Your personal name; Your registered Australian or international trade mark; The name of a Commonwealth, State or Territory government, or government agency or entity you are authorised to use; The name of a foreign government, government agency or entity that you are authorised to use; Your product or service; or An acronym, initialism, or contraction of your entity.
4.5 Alpha Tag registration and compliance: Alpha Tag registration is a critical step in ensuring the continued effective use of SMS messaging for your business. By registering your Alpha Tags with us and providing the required evidence, you contribute to a safer, more secure messaging environment in Australia, while ensuring your brand recognition remains intact. We reserve the right to suspend or terminate your use of any Alpha Tag that does not comply with the Scam Code requirements or for which you cannot provide satisfactory evidence of a valid use case.
4.6 Mobile number Sender ID requirements: When sending SMS messages using a mobile number as the Sender ID (rather than an Alphanumeric Sender ID), you must use a mobile number that is owned by you. This includes either: (1) A real mobile number that you personally own and have active service for; or (2) A Virtual Mobile Number (VMN) that you have purchased or leased through our service or another authorised provider. You must not use mobile numbers that you do not own or are not authorised to use as Sender IDs.
4.7 Sender ID verification: We reserve the right to request verification of your ownership or authorisation to use any Sender ID (whether Alphanumeric or numeric) at any time. Failure to provide satisfactory verification within a reasonable timeframe may result in suspension of your sending capabilities or termination of your account. You acknowledge that providing false or misleading information regarding Sender ID ownership or authorisation is a serious breach of these Terms and may result in immediate account termination and reporting to relevant regulatory authorities.
4.8 Changes to Sender ID regulations: The regulatory requirements for Sender IDs may change from time to time as the Scam Code and other telecommunications regulations are updated. We will make reasonable efforts to notify you of material changes to Sender ID requirements, however you are responsible for ensuring your ongoing compliance with all applicable regulations. We may be required to suspend or modify your Sender IDs with minimal notice to comply with regulatory changes or directions from the Australian Communications and Media Authority (ACMA) or other regulatory bodies.
5.1 You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Service with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
5.2 Inactive accounts: Accounts or services which are inactive for a period of 180 or more days may be closed with or without notice to you.
5.3 In addition to the clauses set out in our Conduct & Acceptable Use Policy, we may also disable access to an account, and terminate our services to you without notice in the following circumstances: you have not paid fees due in a reasonable time; you have breached an important term of your agreement or a number of less important terms which together amounts to a serious breach and you have failed to rectify the breach after being given 7 days' notice of our intention to terminate your agreement (whether or not we have Suspended your services as permitted by these Terms); we have reasonable grounds to suspect fraud or other illegal conduct in relation to the services or your account by you or someone using your account; you die or become bankrupt, insolvent or subject to a winding-up order or similar insolvency event and we reasonably believe we are unlikely to receive payments for amounts you owe to us; we have reasonable grounds to believe that your communications with our staff or agents have been menacing, threatening, amount to harassment or have otherwise been of an unacceptable nature; we receive a serious complaint against you which we have reasonable grounds to believe to be genuine and which we reasonably believe gives rise to a threat or risk to the security of our services; we have other reasonable grounds for believing a threat or risk exists to the security of our service and we reasonably believe that terminating your agreement will minimise this threat or risk; or we can no longer provide services for any reason beyond our control or any reason that we cannot reasonably resolve.
5.4 Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Service immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Service. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. To the extent permitted by these terms and by law, terminated accounts receive no refunds for unused services or credits.
5.5 Account closure and data deletion: Upon account closure (whether initiated by you or by us), all account data will be permanently deleted in accordance with our Data Protection Policy retention schedules. This includes but is not limited to: message history, contact lists, campaign data, account settings, and any other data associated with your account. Once deleted, this data cannot be recovered. You are responsible for exporting any data you wish to retain before account closure as outlined in our Data Export & Account Migration section.
6.1 All custom graphics, icons, logos, and service names used on the Service are registered trademarks, service marks, and/or artwork held under copyright of Internet Messaging Australia Pty Ltd or its Affiliates. All other marks are the property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name or trade names of Internet Messaging Australia Pty Ltd, 5c SMS or Dingo Mail or its Affiliates.
7.1 All data shall be: processed lawfully, fairly and in a transparent manner; collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes; adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed; accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay; kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures; and processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
7.2 Individuals have the right to access their data and any such requests made to us shall be dealt with in a timely manner.
7.3 All data processed by us must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests. Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data. Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in our systems.
7.4 We shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. We will retain data as follows, unless an alternate agreement has been entered into: Outbound and Inbound SMS Message Body and Metadata: 1 year from when the message is sent or received; Outbound Email Message Body and Metadata: 1 year from when the email is sent; Email Bounce Logs and Delivery Status: 1 year from the bounce event; Email Engagement Tracking Data (opens, clicks): 1 year from the event; Unsubscribe and Suppression Lists: Indefinitely or until explicitly removed by the customer or the account is closed; Contact Data (Names, Numbers, Email Addresses and Custom Fields): Upon deletion by the customer, or the account is closed; Campaign Data: 1 year from the date of the campaign; System and Message Debug and Error Logs: 3 months from when the event occurred; Security Logs: 6 years.
7.5 Default data retention period: Unless otherwise specified above, data is retained by default for a period of 365 days from creation or last modification. Customers on Enterprise plans may have a custom retention period agreed to in writing with us. All retention periods must comply with applicable regulatory and operational requirements. Retention periods may not be backdated and apply from the date of agreement.
7.6 Data residency: All customer data is stored in data centres located in Australia. We do not transfer or store customer data outside of Australia.
7.7 We shall ensure that data is stored securely using modern software that is kept up-to-date. Access to data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorised sharing of information. When personal data is deleted this should be done safely such that the data is irrecoverable. Appropriate back-up and disaster recovery solutions shall be in place, with backups encrypted and stored in geographically separate locations.
7.8 In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, we shall: conduct an initial assessment within 24 hours of becoming aware of the breach; notify affected users within 72 hours if the breach poses a risk to their rights and freedoms; report the breach to applicable regulatory authorities within 14 days where required by law; and provide detailed information about the nature of the breach, likely consequences, and measures taken to address the breach and mitigate potential adverse effects.
8.1 Unless a Term Agreement is in place, pricing for message credits may change at any time. Post paid customers will be notified in writing at least 14 days prior to any pricing change.
8.2 Postpaid account eligibility: Postpaid accounts (accounts that pay for services in arrears) require an active Business or Enterprise support plan. We reserve the right to refuse to offer or to cancel a postpaid account at any time for any reason, or no reason. Payments must be made by the due date specified on your invoice.
8.3 Where our services are paid for in arrears, we will issue a valid Tax Invoice within 7 days of the close of every calendar month. Unless agreed to separately, all payments are due within 14 calendar days of the invoice date. Any disputed amounts must be reported within 5 business days of the invoice date. Late payments forfeit any discounts which are noted on your invoice.
8.4 If we take legal or other collection action against you for non-payment of charges for our service, we will require you to pay our reasonable costs and expenses (including legal costs) of taking that action plus interest. Interest will be calculated at a rate of 10% pa calculated on the daily balance of the unpaid amount from the due date until the date of payment in full.
8.5 If our services are used by you or any other person, with or without your permission, to acquire goods and services from third parties, you are responsible for paying those third parties directly.
8.6 Any Prepaid credits on your Account are non-refundable, non-transferable and not redeemable for cash unless you terminate your agreement because we are in serious breach of it, in which case we will refund on request from you a pro-rata portion of any Charges you may have paid in advance.
8.7 New purchases may not appear on your account immediately after payment. Charges for our services used on your Account, whether used by you or another person with or without your permission will be deducted from your balance.
8.8 Invoice and bank transfer payment processing: Payments made by invoice or bank transfer may take up to 4 business days to be credited to your account. If a payment does not include the specified reference details provided on your invoice or bank transfer page, processing may take longer and is subject to verification of the payment details. You are responsible for ensuring that all payment reference information is included correctly when making bank transfers or invoice payments to ensure timely crediting of funds to your account.
8.9 The SMS system allows a maximum message size of 160 characters (or 70 characters if you include any Unicode characters and send via a Unicode supported service). If a user sends a longer message, the system splits it into two or more separate SMS's (segments) that may be reassembled on delivery so that they appear to be a single message (or, on some handsets, may be delivered as a series of separate SMS). When a longer message is split in this way, the components are no more than 153 characters long (or 67 characters long if you include any Unicode characters and end via a Unicode supported service), because a number of characters are used to facilitate re-joining on delivery. As a result, a longer message will result in more than one SMS being transmitted, and charges apply accordingly. You are solely responsible for managing message length and the number of segments sent. The credits required calculator and character count indicator provided in the web interface are for guidance purposes only and should not be solely relied upon for billing accuracy. Message lengths may not be calculated accurately, particularly when personalization or dynamic content is used. The final number of recipients and total credits required may vary based on factors such as recipient location, the validity of recipient numbers, and other variables which cannot be fully verified prior to sending. It is your responsibility to confirm the total number of credits required before initiating a send.
9.1 Free trials, promotional credits, discounts, and special offers are provided solely at our discretion and according to our specific instructions and terms. We reserve the right to offer, modify, or discontinue any free trial, credit, discount, or promotional offer at any time without prior notice.
9.2 All offers, discounts, promotional credits, and special pricing arrangements must be made and agreed to in writing. Verbal agreements, promises, or understandings regarding pricing, discounts, or credits are not binding unless confirmed in writing by an authorized representative of our company. Written confirmation may include email correspondence from an authorized company email address, formal written agreements, or documented offers on our website or account dashboard.
9.3 Multiple account abuse: You are prohibited from creating, operating, or maintaining multiple accounts for the purpose of receiving free trials, promotional credits, or other free services on multiple accounts. Each individual or business entity is entitled to one account and one set of promotional offers unless explicitly authorized otherwise in writing. We employ various methods to detect multiple account usage including but not limited to monitoring IP addresses, payment methods, email addresses, phone numbers, and identification documents.
9.4 If we determine that you have created or are operating multiple accounts to abuse free trials, promotional credits, or other offers, we reserve the right to: immediately terminate all associated accounts; revoke all promotional credits and free trials across all accounts; bill you for services used under fraudulent free trial or promotional arrangements at standard rates; pursue legal action for fraud or breach of contract; and report the matter to relevant authorities if criminal activity is suspected.
9.5 Free trial limitations: Free trials are intended for evaluation purposes only and are subject to usage limits. We may impose restrictions on free trial accounts including but not limited to: daily or total message sending limits; restricted access to certain features or services; shortened data retention periods; and limited customer support. Free trial terms, duration, and included credits are subject to change at our discretion.
9.6 Discount validity: Discounts and special pricing offered must be claimed during the specified offer period and are subject to the terms specified at the time of the offer. Discounts cannot be combined with other offers unless explicitly stated. We reserve the right to verify eligibility for any discount or special pricing and to revoke discounts if eligibility criteria are not met.
9.7 Account reconciliation: If promotional credits or discounts are applied to your account in error, we reserve the right to remove those credits or adjust your account balance accordingly. If services were used under incorrectly applied promotional pricing, we may bill you for the difference between the promotional rate and the standard rate.
10.1 You understand and agree that temporary interruptions of the services available through this Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.
10.2 You understand and agree that the services available on this Service are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings. Beyond what is defined in these terms, we cannot be held liable for any losses or damages caused by message non-delivery, unavailability of service or other service failure.
10.3 We guarantee the platform will be available and responsive 99.99% of each calendar month. This includes Website, API and message processing. Messages will be processed in the order they are submitted by each customer and may be rate limited.
10.4 We cannot guarantee the delivery of every message. We will investigate the cause of any failed delivery however and will re-credit an account should the fault lie within our system. To the extent permitted by law, we will not re-credit messages which were not delivered by a failure of the recipient's network - or any network beyond our control.
10.5 Message delivery and billing: Message delivery is not guaranteed. All messages submitted through our network are billable regardless of delivery outcome. This includes messages that fail to deliver due to disconnected numbers, offline or switched-off devices, carrier security filtering, spam filtering, recipient network issues, blocked numbers, invalid destinations, or any other reason beyond our control. Once a message is submitted to our system and accepted for processing, charges apply. You are responsible for maintaining accurate recipient lists and ensuring recipients are able to receive messages.
10.6 For email services specifically: We do not guarantee inbox placement or deliverability rates. Email delivery is subject to recipient mail server acceptance, spam filtering, sender reputation, and recipient preferences, all of which are beyond our control. We cannot guarantee that emails will not be marked as spam or rejected by recipient servers. We process bounce notifications and feedback loops, but you are responsible for maintaining clean email lists and monitoring your sender reputation. Email sending may be subject to rate limiting and throttling based on your account type, sending patterns, and to maintain service quality.
10.7 We will process email bounces (both hard and soft bounces) and make this information available to you. Hard bounces (permanent delivery failures) should be removed from your lists immediately. Continued sending to addresses that generate hard bounces may result in account suspension. We participate in feedback loop programs with major email providers and will provide complaint data to you when available.
10.8 Messages which are scheduled to be sent at a certain date or time are not guaranteed to be sent or delivered at the date and time specified. Scheduled messages may be sent or delivered before or after the customer specified date. Messages may be re-credited to an account on the occasion that a scheduled message is sent more than 2 hours before or after the specified time due to a fault in our system.
10.9 Only customers enrolled in a support plan which includes guaranteed uptime and root cause analysis (RCAs) are entitled to a service credit and documented root cause report for any outage which affects service uptime or message delivery if we cannot meet the guarantees of these terms, up to a maximum of one credit per month. The credit must be claimed within 30 days of the incident. RCA report will be provided within 14 days of the request.
10.10 Platform availability credits: Customers will not be refunded or credited for platform availability or message processing issues unless they are enrolled in a Business or Enterprise support plan that includes guaranteed uptime. For customers on Business or Enterprise plans with uptime guarantees, service credits will be calculated based on monthly platform availability as follows: Less than 99.9% but equal to or greater than 99.0% availability: 10% credit of monthly service fees; Less than 99.0% but equal to or greater than 95.0% availability: 20% credit of monthly service fees; Less than 95.0% availability: 30% credit of monthly service fees. Credits are applied as account credits for future use and are not provided as cash refunds. Platform availability is measured monthly and credits must be claimed within 30 days of the end of the affected month. The maximum total credit per month is limited to 30% of monthly service fees regardless of the number or duration of outages.
11.1 All support plan terms may change (including eligibility criteria or fees) from time to time. Customers who purchase support plans may cancel at any time. All support plans are paid for a period of 30 days. Any unused time is not refundable. We reserve the right to refuse to offer a support plan for any, or no reason.
11.2 Where applicable, a support Service Level Agreement means that 5c SMS will respond to a customer's support ticket or phone call within the defined time frame. It does not mean an issue will be resolved within the defined time frame. Where we do not respond within the defined time frame the customer will be eligible for one 'support service credit' (credit) per support ticket, up to a maximum of one credit per month. The credit must be claimed within 30 days of the ticket being opened. Where one credit is the value of one month's support plan fees.
11.3 "Business Hours" are defined as 9am to 5pm, Australian Eastern Standard Time, Monday to Friday. Excluding Public Holidays observed in the state of Queensland, Australia.
12.1 Virtual Mobile Numbers (VMNs) can be purchased at the rate indicated on the Account Dashboard. By purchasing a VMN you are agreeing to allow us to charge your credit card (as supplied) the agreed rate every 30 days. VMN numbers may be cancelled at any time. Refunds or credits will not be given towards unused VMNs or VMNs used for only part of a given month. Due to circumstances beyond our control your VMN may need to be changed at any time without notice, if this occurs we will notify you. We will not be held liable for any losses or damages caused by the loss or change to a VMN.
13.1 Software integration services, custom integrations or legacy protocol support (such as depreciated API versions, email or SMPP) may raise additional costs or requirements. These will be shared and agreed to by both parties in writing or on the website before activation of the service. The costs agreed to may include a one time fee, monthly fee, purchase of a supporting service (such as Virtual Mobile Number or Support Plan) or a minimum monthly volume commitment.
14.1 Our liability is limited as follows: all other terms, conditions and warranties relating to our services are excluded; we have no liability to you for any loss of income, business or profits, for any loss or corruption of data, failure to deliver any message, or for any consequential loss sustained and arising out of or in connection with your agreement, your use of the our services, whether arising under contract, tort (including negligence) or otherwise; we are not liable for any loss or damage that was not reasonably foreseeable when you entered into the agreement; we are not liable for any loss or damage to the extent that it was caused by you, or to the extent that you have failed to take reasonable steps to minimise or prevent the loss; and we are not liable for any delay or failure to perform our obligations under your agreement, or to provide our services, if such delay or failure is due to a Force Majeure Event.
14.2 You agree to indemnify us, our employees and officers against all loss, damage, liability and expenses incurred by us or them as a result of or in relation to any claim made or legal proceedings including (without limitation) claims for breach of copyright, breach of confidence, defamation, theft, conversion, and/or obscenity brought against us or them caused by use of the our services by you or any other person you allow to use our services on your account. You will not have any liability to us for any loss or damage caused by us, including any breach of a guarantee set out in Australian Consumer Law. The terms of this paragraph shall apply even after your agreement comes to an end.
15.1 When using our email services, you acknowledge that email deliverability depends on multiple factors including sender reputation, recipient server policies, content filtering, and authentication protocols. You are responsible for properly configuring and maintaining your email authentication records including SPF, DKIM, and DMARC for any domains you use with our service.
15.2 You must comply with all applicable anti-spam legislation including but not limited to the CAN-SPAM Act (USA), CASL (Canada), and the SPAM Act 2003 (Australia). This includes maintaining proper opt-in records, providing clear unsubscribe mechanisms, including your physical postal address, and honoring unsubscribe requests promptly.
15.3 Email engagement metrics (opens, clicks) are provided on a best-effort basis and may not be 100% accurate due to email client behaviors, image blocking, link scanning by security software, and other factors beyond our control. These metrics should be used for informational purposes only.
15.4 You are responsible for managing your sender reputation. We may suspend or limit your email sending capabilities if your sending patterns result in high complaint rates, bounce rates, or spam reports that could negatively impact our infrastructure or other customers.
15.5 HTML emails, attachments, and embedded content are subject to size limits and content restrictions. We reserve the right to reject or modify emails that contain potentially harmful content, excessive attachment sizes, or content that violates our acceptable use policies.
15.6 Transactional emails (order confirmations, password resets, account notifications) and marketing emails are treated differently by email providers. You must properly classify your email types and ensure transactional emails are used only for their intended purpose and not for marketing content.
16.1 In addition to the Data Protection Policy outlined in these terms, this section describes how we collect, use, and share information about you when you use our services.
16.2 Information we collect: We collect information you provide directly to us (account registration details, contact information, payment information); information about your use of our services (API calls, messages sent, login history); technical information (IP addresses, browser type, device information); and cookies and similar tracking technologies to maintain sessions, remember preferences, and analyze service usage.
16.3 How we use information: We use collected information to provide, maintain, and improve our services; process transactions and send related information; respond to your comments and questions; send technical notices, updates, security alerts, and support messages; monitor and analyze trends and usage; detect, prevent, and address technical issues and fraudulent activity; and comply with legal obligations.
16.4 Information sharing: We do not sell your personal information. We may share information with: service providers and subprocessors who perform services on our behalf; telecommunications carriers and email service providers to deliver your messages; law enforcement or regulatory authorities when required by law or to protect our rights; and in connection with a merger, acquisition, or sale of assets (with prior notice to you).
16.5 Cookies: We use both session cookies (which expire when you close your browser) and persistent cookies (which remain until deleted). You can control cookies through your browser settings, but disabling cookies may limit your ability to use certain features of our services. We use cookies for: maintaining your logged-in session; remembering your preferences; analyzing service usage and performance; and detecting fraudulent or suspicious activity.
16.6 Your rights: You have the right to access, correct, update, or request deletion of your personal information. You may opt-out of marketing communications at any time. You may request a copy of your data in a portable format. To exercise these rights, contact us through your account dashboard or our support channels.
16.7 Data retention: We retain your information for as long as necessary to provide services, comply with legal obligations, resolve disputes, and enforce our agreements. Specific retention periods are outlined in the Data Protection Policy section.
16.8 Third-party links: Our services may contain links to third-party websites or services. We are not responsible for the privacy practices of these third parties. We encourage you to review their privacy policies before providing them with any information.
17.1 You are responsible for maintaining the security of your account credentials, including your username, password, and API keys. You must use a strong, unique password and should enable two-factor authentication (2FA) when available.
17.2 Two-factor authentication: We strongly recommend enabling two-factor authentication on your account. If 2FA is enabled and you lose access to your authentication method, account recovery may require additional verification steps and time. You are responsible for maintaining backup codes in a secure location.
17.3 API key management: API keys provide programmatic access to your account and should be treated with the same security as your password. You must: store API keys securely and never commit them to public repositories; rotate API keys periodically and immediately if compromised; use different API keys for different applications or environments; implement appropriate access controls and IP restrictions where available; and monitor API key usage for unauthorized activity.
17.4 You must immediately notify us if you become aware of any unauthorized access to your account, loss or theft of credentials, or any other security breach. We are not responsible for any loss or damage arising from your failure to maintain adequate security of your account credentials.
17.5 Account activity monitoring: We may monitor account activity for suspicious behavior including unusual login locations, high-volume API usage, mass sending to invalid addresses, or patterns consistent with compromised accounts. We reserve the right to temporarily suspend account access if we detect potentially fraudulent activity until the issue is resolved.
17.6 Session management: For security purposes, sessions may expire after periods of inactivity. You will be required to re-authenticate to continue using the service. Active sessions can be viewed and terminated through your account security settings.
18.1 Our services may integrate with or rely upon third-party service providers including but not limited to: telecommunications carriers for SMS delivery; email service providers and SMTP relays; payment processors; cloud infrastructure providers; and analytics and monitoring services.
18.2 When you use our services, your data may be processed by these third-party subprocessors as necessary to provide the services. We maintain agreements with these providers requiring them to handle data securely and in compliance with applicable data protection laws. A list of our primary subprocessors is available on request.
18.3 Third-party integrations: If you connect third-party applications or services to your account (through APIs, webhooks, or other integration methods), you are responsible for: reviewing and accepting the third party's terms of service and privacy policy; understanding what data will be shared with the third party; maintaining the security of integration credentials; and monitoring the third party's access and usage of your data.
18.4 Webhooks: If you configure webhooks to receive real-time notifications of events, you are responsible for: maintaining a secure, available endpoint to receive webhook data; validating webhook signatures to ensure authenticity; handling webhook failures and implementing appropriate retry logic; and protecting any sensitive data received through webhooks. We will attempt to deliver webhooks with reasonable retry attempts but do not guarantee delivery. Webhook endpoints that consistently fail or experience latency may be automatically disabled.
18.5 We are not responsible for the availability, accuracy, security, or performance of third-party services. If a third-party service experiences downtime or issues, it may impact our ability to deliver your messages or provide certain features. We will make reasonable efforts to work with third parties to resolve issues but cannot be held liable for their failures.
18.6 Changes to integrations: We reserve the right to add, modify, or discontinue integrations with third-party services at any time. We will provide reasonable notice when possible, but some changes may be required immediately for security or operational reasons.
19.1 We may from time to time offer access to beta, pilot, or experimental features and services ("Beta Features"). Beta Features are clearly marked as beta, pilot, trial, early access, or similar designation in our service interface or documentation.
19.2 Beta Features are provided on an "as-is" and "as-available" basis without any warranties or service level agreements. Beta Features may: be incomplete or contain bugs; change significantly or be discontinued at any time without notice; have limited or no customer support; have different or additional terms that you must accept before access; and not be subject to the same security, privacy, or compliance standards as our production services.
19.3 You acknowledge that Beta Features are experimental and should not be used for production or business-critical purposes. We are not liable for any data loss, service interruptions, or other issues arising from your use of Beta Features.
19.4 Feedback: If you provide feedback, suggestions, or ideas about Beta Features or our services generally, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into our services without attribution or compensation.
19.5 Data from Beta Features: Data generated during use of Beta Features may not be retained if the Beta Feature is discontinued. We will make reasonable efforts to provide notice before discontinuing a Beta Feature that stores customer data, but we recommend maintaining separate backups of any important data.
19.6 Graduation from Beta: If a Beta Feature is promoted to general availability, it will become subject to our standard terms and service level agreements from that point forward. We will notify users when Beta Features graduate to general availability.
20.1 You have the right to export your data from our platform at any time. We provide self-service export functionality for: contact lists (names, numbers, email addresses, custom fields); message history and metadata within the retention periods specified in our Data Protection Policy; campaign data and statistics; and account configuration and settings where technically feasible.
20.2 Data export formats: Exported data is typically provided in standard formats such as CSV, JSON, or XML. Large exports may be split into multiple files. Some data may require multiple export operations across different sections of the platform.
20.3 Export limitations: Certain data may not be available for export including: data that has exceeded retention periods and been deleted; temporary system data and logs; aggregated or anonymized analytics data; and data that contains confidential information about our infrastructure or other customers.
20.4 Migration assistance: While we provide self-service export tools, we do not provide migration services to competitor platforms. You are responsible for importing exported data into any new platform. We are not responsible for data formatting compatibility with other platforms.
20.5 Account closure: If you close your account, you should export all data you wish to retain before initiating account closure. After closure, data may be permanently deleted and will no longer be available for export (except where longer retention is required by law.)
21.1 We engage certain third-party service providers ("Subprocessors") to assist in providing our services. These Subprocessors may process customer data on our behalf. We maintain data processing agreements with all Subprocessors that include appropriate data protection and security obligations.
21.2 Categories of Subprocessors include: Cloud infrastructure and hosting providers (for data storage and application hosting); Telecommunications carriers and aggregators (for SMS message delivery); Email service providers and SMTP relay services (for email delivery); Payment processors (for processing subscription and credit purchases); Analytics and monitoring services (for service performance and security monitoring); and Customer support and ticketing platforms (for managing support requests).
21.3 Subprocessor list: We maintain a current list of our primary Subprocessors, which includes the subprocessor name, service provided, and data location. This list is available upon request through our support channels. The list may be updated from time to time as we add, remove, or change service providers.
21.4 Right to object: If you have a legitimate reason to object to our use of a new Subprocessor, you may notify us in writing within 30 days of receiving notice. We will work with you in good faith to address your concerns, which may include: seeking alternative subprocessors; implementing additional safeguards; or if no reasonable alternative exists, allowing you to terminate your agreement without penalty for affected services.
21.5 Subprocessor obligations: We require all Subprocessors to: implement appropriate technical and organizational security measures; process data only as instructed by us; maintain confidentiality of customer data; assist with data subject requests and security incidents; and delete or return data upon termination of services.
22.1 These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the laws of Queensland Australia without giving effect to any choice or conflict of law provision or rule. Each of us agrees only to bring legal actions about your agreement in the courts of the State of Queensland.
22.2 If you, or we, delay, or do not take action, to enforce our respective rights under our agreement, this does not stop you or us from taking action later. If any of the terms in your agreement are not valid or legally enforceable, the other terms will not be affected.
22.3 We may assign or transfer our rights and obligations under your agreement to a party who agrees to continue complying with our obligations under your agreement. We will give you reasonable notice of any assignment.
22.4 Force Majeure Event means: an event or circumstance beyond our reasonable control, including but not limited to, any act of God, civil disorder, war, revolution or any other unlawful act against public order or authority, national or local emergency, fire, flood, earthquake, cyclone, explosion, loss of power, strike, industrial action, or the act or omission of any Government Agency.