1. Introduction
These Terms of Service ("Terms") govern access to and use of the website, platform, APIs, dashboards, data intelligence tools, risk analytics tools, verification workflow features, and related services provided by SMS Data Ltd ("SMS Data", "we", "us", or "our").
By accessing or using our services, you agree to these Terms on behalf of yourself and, where applicable, the company or organisation you represent. If you do not agree to these Terms, you must not access or use our services.
2. Business Use Only
SMS Data Ltd services are intended for business customers and authorised business users. You must not access or use the services unless you are legally able to enter into these Terms and, where applicable, authorised to act on behalf of the business customer.
3. Account Review and Verification
SMS Data Ltd may require business verification, identity verification, sanctions screening, fraud prevention checks, customer due diligence, authorised user review, or additional information before granting or continuing access to the services.
You agree to provide complete, accurate, and up-to-date information. We may approve, reject, restrict, suspend, or terminate access if we determine that an account, user, business, or use case presents legal, compliance, fraud, sanctions, security, reputational, or platform misuse concerns.
4. Services
SMS Data Ltd may provide data intelligence, risk analytics, API access, dashboards, onboarding workflow tools, verification workflow support, reporting, audit logs, and related technology services. The specific features available to a customer may depend on the customer agreement, product plan, use case, jurisdiction, verification status, and risk review.
5. Customer Responsibilities
Customers are responsible for:
- Ensuring that they have the legal right to submit, access, process, and use data through SMS Data Ltd services
- Providing all required notices, consents, authorisations, and legal bases for processing data
- Using the services only for lawful and authorised business purposes
- Maintaining the confidentiality and security of account credentials
- Managing authorised users and removing access when no longer appropriate
- Reviewing platform outputs and making their own business, compliance, and legal decisions
- Complying with applicable privacy, data protection, sanctions, anti-money laundering, consumer protection, and other laws
6. Acceptable Use
You must not use SMS Data Ltd services to access, process, store, analyse, distribute, or act on data in a way that is unlawful, deceptive, discriminatory, harmful, unauthorised, or inconsistent with applicable law or these Terms.
You must not:
- Use the services for illegal activity, fraud, sanctions evasion, money laundering, terrorist financing, or other prohibited conduct
- Use the services for unlawful surveillance, harassment, stalking, doxxing, intimidation, or abuse
- Use the services to make unlawful discriminatory decisions or to target individuals based on protected characteristics
- Submit data that you are not authorised to process or disclose
- Resell, redistribute, scrape, or extract data except as expressly permitted by SMS Data Ltd
- Bypass or attempt to bypass verification, access controls, rate limits, security controls, or usage restrictions
- Interfere with, disrupt, overload, reverse engineer, copy, or misuse the services
- Use the services in a way that could harm SMS Data Ltd, its customers, users, service providers, or the public
7. Platform Outputs and No Legal Advice
SMS Data Ltd services may provide analytics, risk signals, workflow status, reports, or other outputs. These outputs are provided to support business review and operational workflows. They are not legal, financial, regulatory, or compliance advice. Customers are responsible for reviewing outputs and making their own decisions.
8. Third-Party Providers
SMS Data Ltd may use third-party providers to support identity verification, business verification, sanctions screening, fraud prevention, hosting, infrastructure, analytics, security, communications, support, and compliance workflow processing. Use of certain features may be subject to third-party provider requirements, availability, and review.
9. Fees and Payment
Fees, payment terms, usage limits, billing cycles, taxes, and other commercial terms will be set out in the applicable order form, service agreement, invoice, or written agreement between SMS Data Ltd and the customer. Unless otherwise agreed, fees are non-refundable once services are provided or access has been made available.
10. Suspension and Termination
SMS Data Ltd may suspend, restrict, or terminate access to the services if we believe that a customer, user, account, or use case violates these Terms, presents unacceptable risk, creates security concerns, fails verification, fails to pay fees, provides inaccurate information, or may expose SMS Data Ltd or others to legal, regulatory, fraud, sanctions, security, reputational, or operational risk.
11. Confidentiality
Each party may receive confidential information from the other. Confidential information must be protected using reasonable care and used only for authorised purposes. This section does not limit disclosures required by law, regulators, courts, auditors, professional advisers, or as otherwise permitted by written agreement.
12. Intellectual Property
SMS Data Ltd and its licensors retain all rights, title, and interest in the services, platform, software, APIs, dashboards, documentation, workflows, analytics, reports, technology, branding, and related intellectual property. Customers receive only the limited right to use the services as agreed with SMS Data Ltd.
13. Customer Data
Customers retain rights in data they submit to the services, subject to the rights granted to SMS Data Ltd to process such data for service delivery, platform operation, security, support, compliance, fraud prevention, enforcement, improvement, and other purposes described in our Privacy Policy or applicable agreement.
14. Service Availability
SMS Data Ltd aims to provide reliable services, but we do not guarantee uninterrupted, error-free, or always-available access. Services may be unavailable due to maintenance, upgrades, outages, provider issues, security events, or circumstances outside our control.
15. Disclaimers
To the maximum extent permitted by law, SMS Data Ltd services are provided on an "as is" and "as available" basis. We disclaim warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, availability, and error-free operation, except where such warranties cannot be excluded by law.
16. Limitation of Liability
To the maximum extent permitted by law, SMS Data Ltd will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost profit damages, or for loss of data, business, goodwill, revenue, or anticipated savings. Our aggregate liability will be limited to the amount paid by the customer to SMS Data Ltd for the services giving rise to the claim during the period specified in the applicable agreement, or, if no period is specified, the previous three months.
17. Indemnity
Customers agree to indemnify and hold harmless SMS Data Ltd from claims, losses, liabilities, damages, costs, and expenses arising from their data, use of the services, violation of these Terms, unlawful processing, unauthorised use, or breach of applicable law.
18. Changes to the Services or Terms
We may update the services or these Terms from time to time. If we make material changes, we will update the effective date or provide notice as appropriate. Continued use of the services after changes become effective means you accept the updated Terms.
19. Governing Law
These Terms are governed by the laws of Hong Kong, unless otherwise stated in a written agreement between SMS Data Ltd and the customer.
20. Contact
For questions about these Terms, contact SMS Data Ltd at contact@smsdata.net.