Terms and Conditions

These Terms and Conditions ("Terms") are entered into by and between TEST SMS LTD. (“testsms,” “we,” “us,” or “our”) and the user (“Client,” “you,” or “your”). By accessing or using the testsms platform (the "Service"), you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing, browsing, or using the testsms service (the "Service"), you acknowledge that you have read, understood, and agree to comply with these Terms and Conditions. If you do not agree to these Terms, do not use the Service.

2. Definitions

"testsms" refers to TEST SMS LTD., the provider of the Service.
"Service" means the mobile SMS testing platform provided by testsms, which allows you to send test SMS and receive test results.
"Client" or "you" refers to the individual or entity using the testsms platform.
“Non-Planned Interruption of Service” means any interruption in a service resulting from a breakdown in the testsms platform or in the facilities of a third party (excluding the Client) or resulting from a Force Majeure event.
“Planned Interruption of Service” means an interruption of the Service planned for the purpose of performing significant maintenance activities or a Major Service Upgrade.
“Major Service Upgrade” means any upgrade to the Service requiring testsms to perform any significant change to the facilities and auxiliary equipment used by testsms in the provision of the Service.
"Applicable Law" means all laws, regulations, directives, statutes, subordinate legislation, common law and civil codes of any jurisdiction together with all codes of practice having force of law, statutory guidance, regulatory policy or guidance and industry codes of practice.
“Affiliate” means any person or entity who directly or indirectly through one or more entities, controls or is controlled by or is under common control with any of the Parties. Control, for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
testsms and Client individually a "Party" or collectively "Parties".

3. Service

testsms agrees to provide Service whereby the Client may send SMS tests and receive test results via SMS testing platform.
testsms mobile numbers shall be used. As the receiving party and, upon the receipt of messages, the SMS test results shall be provided to the Client.
The Client shall be able to verify several mobile SMS technical parameters by comparing the test SMS with the SMS received by testsms mobile numbers.
The Client shall interact with testsms platform either by using testsms web portal or cloud-based API.

4. Provision of Service

testsms agrees to provide Client with the Service specified above. No other terms and conditions shall be applicable to the provision of the Service unless expressly agreed in writing by the Parties.
testsms shall comply with all Applicable Laws and licenses which apply to testsms in providing the Service.
testsms shall endeavor to maintain, or cause to be maintained, the testsms platform in sufficient working order to provide the Service to the Client in accordance with these Terms, subject to any Planned Interruption of Service and service problems outside of testsms’ control. Client understands, however, that the provisioning of each Service is subject to the availability of third parties' facilities over which testsms has no control.

5. Client Obligations

You agree to provide accurate and necessary technical information to enable proper configuration and use of the Service.
You are responsible for obtaining, installing, and maintaining all necessary hardware, software, and other systems required to connect to the testsms platform.
You agree not to resell or redistribute the Service, and not to use the Service in violation of any Applicable Laws and third-party rights.
You represent and warrant that you shall not use the Service in any manner or for any purpose which constitutes a violation of the Applicable Laws and that you shall obtain and maintain any licenses or authorizations necessary for the use of the Service. You shall indemnify and hold testsms harmless from any breach of this section.
You undertake to utilize the Service in such a way as to avoid any reduction in the overall performance of the Service or the causing of any interruption or interference with any other transmissions through or via the Service. testsms reserves the right to cancel and/or temporarily suspend the Service if your use of the Service causes any such interruption or interference. testsms shall use reasonable efforts to provide you with advance notice of such suspension and in any case shall provide written confirmation of such action within a commercially reasonable time thereafter.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to notify testsms immediately if you suspect of any unauthorized access to your account.

6. Payment Terms

The Service shall be charged by testsms in advance of the service provisioning, as required by the Client through the testsms Web Portal. Upon receipt of payment, via PayPal or bank transfer, testsms will allocate the ordered test volumes to the Client as service credits, in accordance with the Client's order details.
Invoices will be sent to the email address designated by the Client for invoicing purposes. The Client is responsible for ensuring that the correct email address is provided and maintained for this purpose.

7. Intellectual Property

testsms owns all intellectual property rights related to the Service, including but not limited to any software, trademarks, and other content provided through the platform. Such intellectual property rights shall always remain the exclusive property of testsms.
You shall not reverse engineer, decompile, disassemble or otherwise create, attempt to create or derive, or permit or assist anyone else to create or derive the source code of any software provided in connection with the Services

8. Confidentiality and publicity

Both Parties agree to maintain the confidentiality of any confidential information shared during using the Service and for 3 (three) years after termination of the Service.
Confidential information does not include information that is publicly available or was independently developed by the receiving party.
Without the prior written consent of the other Party hereto, neither Party shall (i) refer to itself as an authorized representative of the other Party hereto in promotional, advertising, or other materials, (ii) use the other Party’s logos, trademarks, service marks, or any variations thereof in any of its promotional, advertising, or other materials, or (iii) release any public announcements referring to the other Party or these Terms. testsms is hereby expressly authorized to identify Client as its customer by name and logo for Service for the limited purpose of the periodic issuance of marketing and/or publicity announcements.

9. Indemnification, Limitation of Liability, Representations and Warranties

Notwithstanding anything else to the contrary in these Terms, Client will defend and handle at its own expenses, indemnify and hold harmless testsms, parent companies, subsidiaries and Affiliates, their respective officers, directors, employees and agents, subcontractors, suppliers (each, a “testsms Indemnified Party") from and against any and all claims, demands, actions, damages, costs and expenses (including attorney fees), or liability of whatever nature incurred or to be incurred by a testsms Indemnified Party arising out of or relating to (i) Client's use of the Services other than as expressly authorized in these Terms, (ii) Client's infringement of any third party Intellectual Property Rights in using the Service, (iii) any breach of Client's obligations under these Terms, (iv) any claims arising from information, data, or messages transmitted by Client using the Service, including, but not limited to, claims for libel, slander, infringement of copyright, and invasion of privacy or alteration of private records or data.
testsms shall not be liable for any loss or damage sustained by Client related to these Terms resulting from interruptions of Service, whether Planned or Unplanned, or by reason of any failure, interruption or degradation of Service whatsoever shall be the cause or duration thereof.
In no event shall testsms be liable to the Client for any loss of use, losses due to Force Majeure, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including loss of customers, lost profits, lost revenues or anticipated savings or earnings, interference with business or cost of purchasing replacement services) regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if testsms has been advised of the possibility of such damages, arising out of the use of, or inability to use the Service, or the performance or failure to perform by testsms of any provision of these Terms, whether or not caused by the acts or omissions of testsms, its Affiliates, employees or agents.
To the extent that testsms is liable, its maximum total liability is limited to the total amount of paid fees by the Client in the last twelve (12) months under these Terms. This limitation of liability does not apply to the liability for death or personal injury.
Except as expressly set out in these Terms, testsms makes no express warranties to the Client regarding the Service. The Service is being provided to Client "as is" and "as available" without warranty of any kind. To the maximum extent permitted by the applicable law, testsms disclaims all warranties regarding the Service, express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, merchantability, merchantable quality, or non-infringement of third-party rights.

10. Force Majeure

Neither Party shall be held responsible for any delay or failure in performance due to causes beyond reasonable control, such as natural disasters, acts of government, or technical failures.

11. Term and Termination

These Terms shall become effective from its Acceptance and shall continue until terminated as described below:
- testsms reserves the right to suspend or terminate these Terms if you commit any material breach of these Terms.
- testsms reserves the right to terminate these Terms, subject to Applicable Law, upon Client's liquidation, commencement of dissolution proceedings, disposal of its assets or change of control, a failure to continue business, assignment for the benefit of creditors, or if the Client becomes the subject of bankruptcy or similar proceeding.
- You may terminate your use of the Service at any time by ceasing to use the platform or by notifying testsms at info@testsms.com.
- Either Party may terminate these Terms for good cause.

12. Governing Law and Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause.
The number of arbitrators shall be one.
The seat of arbitration shall be Dubai, UAE.
The language to be used in the arbitration shall be English.
The governing law of the contract shall be the substantive law of the United Arab Emirates.

13. Amendments to Terms

testsms reserves the right to modify or update these Terms at any time. Any changes will be posted on the platform and will become effective once posted. Your continued use of the Service after such modifications will constitute your acceptance of the updated Terms.

14. Contact Information

For questions or concerns regarding these Terms, please contact us at:

TEST SMS LTD.
T111F-7H Amenity Centre
RAKEZ Al Hamra Industrial Zone-FZ
215321 Ras Al Khaimah, UAE
info@testsms.com