The website smsalert.mobi is operated by Xelandru Software SRL, headquartered in Bucharest, Romania (CUI RO45962641, Trade Registry No. J40/7086/14.04.2022).
SMSAlert reserves the right to modify the website content and these Terms at any time, with prior notice to customers via on-site messages, email or SMS.
Use of the platform implies full acceptance of these Terms and Conditions.
1. Definitions
For the purposes of this document, the terms below have the following meanings:
- CONTENT — information on the website, platform services, employee communications, service and pricing details, partner and company data.
- CLIENT — a natural or legal person with an active service contract.
- DISTANCE CONTRACT — an agreement concluded without simultaneous physical presence, by means of electronic communication.
- ORDER — a written or electronic communication expressing the intention to purchase services.
- ORDER CONFIRMATION — a written confirmation containing service details and the agreed price; marks the formation of the contract.
- ACCOUNT — the client's profile in the integrated SMSAlert system, with the corresponding identification data.
- DOCUMENT — these Terms and Conditions.
- TELECOMMUNICATIONS LAW — Law 239/2005, Law 365/2002, Law 506/2004 and applicable EU directives.
- DATA PROTECTION LAW — Law 677/2001 (until 25 May 2018) and GDPR (EU Regulation 2016/679) thereafter.
- SMS SERVICE VIA API — the automated sending/receiving of messages through the smsalert.mobi platform.
- SMS MESSAGE — a text or binary message conforming to GSM network specifications.
- PUSH NOTIFICATIONS — messages delivered to Android, iOS, and Windows applications via APNS, FCM or similar services.
- SERVICE — the sending of messages (SMS Marketing, notifications, WhatsApp, Push, etc.) through the SMSAlert SaaS platform.
- TRANSACTION — a payment or refund resulting from service delivery.
- WEBSITE — smsalert.mobi and its associated domains/subdomains.
- API KEY — a unique credential generated per account, used to authenticate API calls.
- PREPAID CREDIT — an amount loaded in advance into the SMSAlert account and consumed when using services.
2. General Provisions
2.1Clients are directly responsible for the consequences of using the website and for any damages caused to the website, content, service, SMSAlert or third-party partners.
2.2Clients who do not agree to these Terms may relinquish access to the website and services or request SMSAlert to restrict access to the database, without further obligations.
2.3Rejection of the Terms does not automatically terminate existing service contracts. Termination of service is governed by the bilateral contractual terms. This Document supplements contracts and prevails in case of conflict.
2.4Individual clients may revoke their acceptance of these Terms at any time, provided all outstanding obligations are settled.
2.5The website is intended for legal entities in Romania/EU and individuals aged at least 18 years who are not suspended or excluded by SMSAlert. Creating an account confirms that these conditions are met.
2.6SMSAlert does not request confidential information (passwords, card details) through any communication channel outside the secure platform.
3. Content
3.1All content — logos, images, texts, multimedia — belongs exclusively to SMSAlert or its administrator, with all rights reserved, directly or through licences.
3.2Clients are prohibited from copying, distributing, publishing, modifying, transferring, including or participating in the sale/distribution of content without the express written authorisation of SMSAlert.
3.3Usage rights granted refer exclusively to the specified content and for the period determined by agreement. SMSAlert reserves the right to modify content at any time.
3.4Content may be copied/transferred exclusively for personal, non-commercial use directly related to SMSAlert and only with the prior written consent of SMSAlert.
3.5Use of content outside permitted purposes is prohibited. Violations entitle SMSAlert to legal action and recovery of damages.
3.6All software, platforms and content are protected by copyright. Reproduction, modification, distribution or display thereof requires the prior written consent of SMSAlert.
4. Intellectual Property
4.1The website content — images, texts, graphics, scripts, software, design, models, patents, registered trademarks — belongs exclusively to SMSAlert and its authorised suppliers, in accordance with Law 8/1996 and industrial property legislation.
4.2SMSAlert may grant clients limited usage rights through an express agreement, for specified content and defined periods, without transferring title of ownership. SMSAlert is not liable for damages resulting from the use of the website content.
4.3The client retains all intellectual property rights over the data and content they upload or transmit through the platform. SMSAlert does not claim any rights over such data or content.
5.1SMSAlert publishes current identification and contact details for the information of clients.
5.2Use of the platform allows SMSAlert to contact the client by any agreed means, exclusively for declared commercial purposes (email, SMS, phone calls), based on data provided by the client.
5.3SMSAlert obtains the client's prior consent before sending direct marketing communications by electronic means.
5.4SMSAlert reserves the right to refuse requests that do not conform to its business scope, received through any communication channel.
6. Newsletter and Alerts
6.1Upon accessing SMSAlert services, individual clients express their prior consent to receive newsletters/alerts by email and/or phone. Consent preferences may be changed at any time pursuant to art. 6.3.
6.2Data used for the delivery of newsletters/alerts is processed in accordance with the Privacy Policy and the client's prior consent.
6.3Unsubscribing can be done via: (a) the unsubscribe link in the message; (b) calling 0771 660 189; (c) writing to contact@smsalert.mobi; (d) from account settings (if applicable).
6.4Unsubscribing from the newsletter does not constitute a waiver of acceptance of this Document.
6.5Newsletters/alerts do not contain third-party advertising that has not been approved by SMSAlert at the time of sending.
7. SMSAlert Services
SMSAlert offers, among others, the following services:
- SMS Sending (Marketing, OTP, transactional, 2FA) via the smsalert.mobi platform, Android app or own GSM modem.
- P2P Messaging via third-party applications (WhatsApp Business API, Telegram, Viber, RCS).
- Recurring messages (anniversaries, reminders, periodic notifications).
- Push Notifications (Alertisimo) for Android, iOS, and Windows applications.
- SMS 2-WAY (SMS replies, contests, surveys, newsletter subscriptions).
- SMS2EMAIL — forwarding received SMS messages via email.
- Conversation Inbox (CRM Chat) — managing multi-channel, multi-agent conversations.
- Bookindo — online appointment calendar with notifications via the SMSAlert infrastructure.
Important: SMSAlert services are not intended for emergency services (112) and do not replace the primary telephone service. SMSAlert and its providers are not liable for the inability to make emergency calls through the platform.
7.1Access to services is provided directly through smsalert.mobi, after registration on the platform.
7.2A single client may access the services of a single account; sharing the same account among multiple unaffiliated clients is prohibited.
7.3SMSAlert reserves the right to restrict, suspend or close the account of any client who causes harm to SMSAlert, other clients or partners, within the limits of the law.
8. Prohibited Use extended
It is strictly prohibited to use the SMSAlert platform to send messages with the following content:
- SPAM — unsolicited messages to recipients who have not given their consent.
- Phishing / fraud — messages that impersonate institutions (banks, authorities) to mislead recipients.
- Illegal or immoral — content that violates Romanian or EU legislation, including adult content without age verification, unauthorised gambling.
- Political / electoral — political or electoral advertising content.
- Competitive with telecommunications operators — services that directly compete with mobile networks.
- Infrastructure abuse — flood attacks, mass automated testing, using the platform to test phone numbers without consent.
- Impersonation — using sender IDs that mimic the identity of organisations without the right to do so.
Detection of any prohibited use entitles SMSAlert to immediately suspend the account, retain the available balance during the investigation and, where appropriate, notify the competent authorities.
9. API Access and Account Security new
9.1The client is solely responsible for securing the API key and account access credentials. SMSAlert is not liable for damages caused by their disclosure or compromise.
9.2Any action performed via the API key or the client's account is deemed to have been performed by the client. The client is fully responsible for all messages sent and costs generated through their account, regardless of who initiated them.
9.3If the compromise of the API key or account is suspected, the client must immediately notify SMSAlert at contact@smsalert.mobi and regenerate the API key from the control panel. SMSAlert may temporarily block the account for protection purposes, at the client's request or on its own initiative if abnormal activity is detected.
9.4SMSAlert may implement rate limiting (restriction of the number of API calls per unit of time) to protect its infrastructure. Exceeding the limits may result in the temporary rejection of requests, without obligating SMSAlert to pay compensation.
10. Payments and Prepaid Credit extended
10.1SMSAlert displays prices in EUR, excluding VAT. The reference currency for calculation, payment and invoicing is RON. SMSAlert invoices exclusively in RON.
10.2Card payments in currencies other than EUR may incur foreign exchange conversion fees charged by the issuing bank. SMSAlert is not liable for these additional costs.
10.3Prepaid credit does not expire. The available balance in the account remains valid indefinitely, regardless of the account activity level. Upon voluntary account closure, unused balance may be refunded pursuant to art. 11.
10.4Price changes: SMSAlert will notify clients at least 30 calendar days before any price change comes into effect, via email and/or an announcement on the platform. Continued use of the service after the effective date constitutes acceptance of the new prices.
10.5SMSAlert may unilaterally cancel an order, with prior notice to the client, in the following cases: (a) refusal by the issuing bank; (b) invalidation by the card processor; (c) incomplete or incorrect data that prevents service delivery; (d) harmful activity by the client; (e) more than two consecutive failed attempts to access the platform.
11. Cancellation and Refund
11.1Upon cancellation of a service granted at a discount, SMSAlert may retain the value of the discount from the amount refunded or apply alternative compensation methods.
11.2Cancellation, rejection or full refund of an order with a special offer results in the return of the amount paid and the loss of the offer validity.
11.3Unused prepaid credit may be refunded upon the client's express written request addressed to contact@smsalert.mobi. The refund is processed within 10 business days of confirmation of the request, with deduction of any payment processing costs.
12. Processing of Personal Data (GDPR)
12.1SMSAlert complies with Regulation (EU) 2016/679 (GDPR), applicable from 25 May 2018. The processing of personal data is detailed in the Privacy Policy.
12.2In the relationship between the client and the end recipients of messages (individuals who receive SMS messages, notifications, etc.), SMSAlert acts as a data processor within the meaning of the GDPR, and the client is the data controller. The client is fully responsible to the end recipients for the lawfulness of the processing.
12.3SMSAlert does not access, analyse or interpret the content of messages sent by clients. Information necessary for service delivery is stored for limited periods in accordance with internal procedures and permanently deleted thereafter.
12.4The client, as GDPR data controller, ensures that end recipients have consented to receiving messages and that the client has the necessary legal basis for processing their contact data.
12.5SMSAlert and the client may conclude, upon request, a Data Processing Agreement (DPA) in accordance with the requirements of GDPR Art. 28, to regulate the controller-processor relationship.
13. Fraud
13.1SMSAlert never requests confidential information (passwords, card details, API keys) via email, SMS or phone outside the secure platform.
13.2The client is fully responsible for disclosing their account's confidential data to third parties.
13.3SMSAlert is not liable if clients are harmed by third parties claiming to represent SMSAlert. Clients are requested to immediately report any such attempts to contact@smsalert.mobi.
13.4SMSAlert does not promote SPAM. Clients who have provided their email for commercial communications may revoke their consent pursuant to art. 6.3.
13.5The following constitute fraud attempts (with reservation of the right to criminal prosecution): accessing other clients' data; modifying the website, SMSAlert pages or company correspondence; affecting server performance; unauthorised access to or disclosure of content transmitted by SMSAlert; providing false information upon registration.
14. Limitation of Liability extended
14.1SMSAlert does not guarantee uninterrupted, secure or error-free operation of the website and services. Services are provided "as-is", without implied warranties of fitness for a particular purpose.
14.2Liability cap: Regardless of the nature or cause of the damage, SMSAlert's total liability to a client shall not exceed, under any circumstances, the total amount paid by the client in the 3 calendar months preceding the incident. This cap applies including in cases of negligence and direct damages.
14.3SMSAlert is not liable for indirect, incidental, special, punitive damages or for loss of profit, loss of data or loss of business opportunities, even if SMSAlert was informed of the possibility of such damages.
14.4SMSAlert is not liable for the content, quality or nature of third-party websites accessed through links on its platform; responsibility rests with their respective owners.
14.5SMSAlert is not liable for the suspension or blocking of message delivery by telecommunications operators or channel providers (WhatsApp, Google, etc.), following the detection of content that does not comply with their policies.
14.6SMSAlert is not liable for damages caused by technological incompatibility between the client's systems and the platform, where this is not caused by an error on the part of SMSAlert.
15. Force Majeure and Fortuitous Events
15.1Neither party to a contract in progress is liable for delayed performance or non-performance of obligations caused by force majeure events.
15.2The party invoking force majeure must immediately and fully notify the other party and take all available measures to limit the consequences.
15.3The exemption from liability applies exclusively for the duration during which the force majeure event prevents the performance of obligations.
15.4If the event does not cease within 15 days, either party may notify the automatic termination of the contract, without claims for additional compensation.
16. Disputes
16.1Disputes regarding these Terms shall be resolved, in the first instance, amicably and in good faith by both parties.
16.2If amicable resolution is not possible, disputes shall be referred to mediators agreed upon by both parties. In the absence of a mediation agreement, jurisdiction belongs to the courts of Bucharest, in accordance with Romanian law.
16.3This Document is drafted and interpreted in accordance with Romanian law.
16.4The nullity or unenforceability of any clause does not affect the validity of the remaining clauses of the Document.
17. Amendments and Final Provisions
17.1SMSAlert reserves the right to modify these provisions, the website structure, services or content. Significant changes will be communicated at least 30 days before they come into effect.
17.2Continued use of the platform after the effective date of amendments constitutes acceptance of the updated version of the Terms.
17.4SMSAlert is not liable for website errors caused by any reason, including modifications made by unauthorised third parties.
18. Feedback
18.2Comments, ideas or suggestions submitted by clients through any communication channel become the property of SMSAlert from the date of submission and may be used without additional obligations towards the client.