Legal

Terms of Service

Last updated: December 2024

Please read these Terms of Service ("Terms", "Agreement") carefully before using the YesSMS platform operated by DEADLY DIGITAL STUDIOS ("Company", "we", "us", "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

1. Definitions

  • "Service" means the YesSMS platform, website, API, and related services provided by us.
  • "User", "you", "your" means the individual or entity accessing or using the Service.
  • "Account" means your registered account on our platform.
  • "Credits" means the prepaid balance used to send SMS messages.
  • "Message" means any SMS communication sent through our Service.
  • "Recipient" means the person receiving a Message sent through our Service.
  • "Content" means message text, contact data, and any other data you submit to the Service.

2. Account Registration

2.1 Eligibility

To use our Service, you must:

  • Be at least 18 years old
  • Have the authority to bind yourself or your organisation to these Terms
  • Provide accurate, complete registration information
  • Be a resident of or business operating in the United Kingdom or a country where we provide services

2.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorised access

We are not liable for any loss arising from unauthorised use of your account.

2.3 Account Verification

We may require identity verification, business documentation, or other information to comply with regulations and prevent fraud. Failure to provide requested verification may result in account suspension.

3. Service Description

3.1 SMS Services

We provide a platform for sending SMS messages to mobile phones. Features include:

  • Single and bulk SMS sending
  • Contact management
  • Campaign scheduling
  • Delivery reporting
  • API access

3.2 Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service. The Service may be temporarily unavailable due to:

  • Scheduled maintenance (we will provide advance notice where possible)
  • Emergency repairs
  • Circumstances beyond our reasonable control
  • Third-party carrier issues

3.3 Message Delivery

While we use commercially reasonable efforts to deliver messages, we cannot guarantee delivery because:

  • Delivery depends on mobile carriers and network conditions
  • Recipients may have blocked messages or changed numbers
  • Carrier filtering may block certain messages
  • Technical failures may occur

We are not liable for non-delivery or delayed delivery of messages.

4. Acceptable Use Policy

4.1 Permitted Use

You may use our Service only for lawful purposes and in accordance with these Terms. Permitted uses include:

  • Transactional messages (confirmations, notifications, alerts)
  • Marketing messages to recipients who have given consent
  • Customer service communications
  • Appointment reminders
  • Two-factor authentication

4.2 Prohibited Use

You must NOT use our Service to:

  • Send Spam: Unsolicited messages to recipients who have not consented
  • Send Illegal Content: Messages that violate any law or regulation
  • Commit Fraud: Phishing, scams, or deceptive practices
  • Harass: Threatening, abusive, or harassing messages
  • Spread Malware: Links to malicious software or websites
  • Infringe Rights: Violate intellectual property or privacy rights
  • Adult Content: Pornographic or sexually explicit material
  • Promote Illegal Activities: Drug sales, weapons, or other illegal goods/services
  • Impersonate: Misrepresent your identity or affiliation
  • Circumvent Systems: Bypass rate limits, security measures, or carrier filters

4.3 Compliance Requirements

You must comply with all applicable laws and regulations, including but not limited to:

  • UK GDPR and Data Protection Act 2018: Data protection requirements
  • Privacy and Electronic Communications Regulations (PECR): Electronic marketing rules
  • Consumer Protection from Unfair Trading Regulations: Fair trading practices
  • Telephone Preference Service (TPS): Do-not-call list requirements
  • Any other applicable telecommunications, consumer protection, or marketing laws

4.4 Consent Requirements

For marketing messages, you must:

  • Obtain clear, explicit consent from recipients before sending
  • Maintain records of consent (including when, how, and what was consented to)
  • Provide an easy opt-out mechanism in every message
  • Process opt-out requests within 24 hours
  • Check the TPS register where required

4.5 Enforcement

We reserve the right to:

  • Monitor messages for compliance (in aggregate, not reading individual messages without cause)
  • Suspend or terminate accounts that violate these Terms
  • Report illegal activity to authorities
  • Cooperate with law enforcement investigations

5. Pricing and Payment

5.1 Credit System

Our Service operates on a prepaid credit system:

  • You purchase credits in advance
  • Credits are deducted when messages are sent
  • Prices are displayed excluding VAT; VAT is added at checkout for UK customers
  • Multi-part messages (over 160 characters) consume multiple credits

5.2 Pricing

Current pricing is displayed on our website and within your account. We may change prices at any time with 30 days' notice. Price changes do not affect credits already purchased.

5.3 Payment

  • Payment is due at time of purchase
  • We accept major credit/debit cards and bank transfers
  • All payments are processed securely through our payment provider
  • You authorise us to charge your payment method for purchases

5.4 Refunds

  • Unused credits are non-refundable except at our discretion
  • We may offer refunds for service failures caused by us
  • No refunds for messages sent, regardless of delivery status
  • No refunds for accounts terminated due to Terms violations

5.5 Credit Expiry

Credits expire 12 months after purchase if unused. We will send reminder notifications before expiry.

6. Intellectual Property

6.1 Our Property

The Service, including its design, features, code, documentation, and branding, is owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service.

6.2 Your Content

You retain ownership of Content you submit. By using our Service, you grant us a limited licence to process your Content solely to provide the Service.

6.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by us without compensation or attribution.

7. Data Protection

7.1 Our Role

When you use our Service to send messages:

  • You are the data controller for your recipients' personal data
  • We are a data processor, processing data on your behalf

7.2 Data Processing Agreement

By using our Service, you enter into a Data Processing Agreement with us (see our GDPR page for details). This covers our obligations as a processor under UK GDPR.

7.3 Your Responsibilities

As data controller, you must:

  • Have a lawful basis to process recipients' data
  • Provide appropriate privacy notices to recipients
  • Handle data subject requests (access, deletion, etc.)
  • Report data breaches as required by law

8. Limitation of Liability

8.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • We are not liable for any indirect, incidental, special, consequential, or punitive damages
  • We are not liable for lost profits, data loss, business interruption, or reputational damage
  • Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim

8.3 Exclusions

We are not liable for:

  • Message non-delivery or delays caused by carriers or network issues
  • Content of messages you send
  • Your violation of laws or regulations
  • Third-party actions or services
  • Force majeure events

8.4 Nothing in These Terms Excludes Liability For:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any other liability that cannot be excluded by law

9. Indemnification

You agree to indemnify, defend, and hold harmless DEADLY DIGITAL STUDIOS, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any law or third-party rights
  • Content you submit or messages you send
  • Any dispute between you and a message recipient

10. Termination

10.1 By You

You may close your account at any time through your account settings or by contacting us. Unused credits are forfeited upon closure.

10.2 By Us

We may suspend or terminate your account immediately if:

  • You breach these Terms
  • We suspect fraudulent or illegal activity
  • Required by law or regulation
  • Your account poses a risk to our Service or other users

We may also terminate your account with 30 days' notice for any reason.

10.3 Effect of Termination

Upon termination:

  • Your access to the Service will cease
  • Unused credits are forfeited (unless terminated by us without cause)
  • We may delete your data after a reasonable retention period
  • Sections that should survive termination will survive (including Limitation of Liability, Indemnification, and Governing Law)

11. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Service at least 30 days before they take effect. Continued use after changes constitutes acceptance. If you disagree with changes, you may close your account.

12. Governing Law and Disputes

12.1 Governing Law

These Terms are governed by the laws of England and Wales.

12.2 Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12.3 Dispute Resolution

Before initiating legal proceedings, you agree to contact us to attempt to resolve the dispute informally. We will endeavour to resolve complaints within 30 days.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us.

13.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

13.3 Waiver

Our failure to enforce any right or provision does not waive that right or provision.

13.4 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

13.5 Notices

We will send notices to the email address associated with your account. You may send notices to legal@yessms.io.

14. Contact

For questions about these Terms:

Email: legal@yessms.io
Company: DEADLY DIGITAL STUDIOS
Trading As: YesSMS