Terms of Service

Please read the following terms very carefully as they set out your rights and obligations when you register for, or use our service.

1. Introduction

By registering for, or using our service you agree that you have read, understand and are bound by these terms, regardless of how you registered for or use the service.

If you do not want to be bound by the terms, you must not register for, or use our service.

2. Changes to terms

We may change any or all of the terms including (without limitation) the charges at any time without notice to you.

You must check the dapSMS website and the terms regularly for changes.

By continuing to use our service after we make the changes, you agree to be bound by the changed terms and charges.

If you do not accept the changed terms or charges, you must stop using the service.

3. Your privacy

We respect your privacy and we will try our best to protect your privacy on systems and website that we control.

We don't warrant the security of the information which you transmit to us.

Our service will, however, transmit the sender's name (from field) with each message that the end-user sends.

We will not pass on, or sell information about you or your recipients to any third party for any purpose whatsoever except for the delivery of your messages.

We will not add your details, or the details of your recipients, to any mailing lists for the purpose of spamming in any way.

We may make use of your organization's name and/or logo within a publicly viewable list of clients or in press releases.

You must appreciate, however, that we store all message content and activity logs indefinitely and that the law may required us to disclose details about your activity to law enforcement officials and other such agencies. In this regard, you hereby grant us consent to take such action.

You give us the right to send you communications of any updates, upgrades, notices, or other information that we deem important for you to know, relating to the service. Such communications shall not constitute spam. You may ask us to stop providing you with such communications.

4. Service

We always try to provide the service to the best of our ability.

We may suspend, interrupt, change or end any service for any reason without notice.

We will try to widely publicize changes to the service which apply generally.

We may also give you advance notice of any interruption of a service due to maintenance.

5. Your conduct

You must only use the service:

in accordance with the terms;
for lawful purposes;
in accordance with all applicable local, national and international laws and regulations;
for the purposes for which they are designed.

When you use our service, you must not:

do anything which violates any terms;
send junk SMS messages, spam or any unsolicited messages (commercial or otherwise);
transmit anything which is defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
commit fraud or solicit or induce any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, ""pyramid schemes" or "chain letters";
violate or infringe any intellectual property rights;
do anything which does or may:
damage, impair, overburden or disable any system of any person (including us) using our service;
interfere with another user's use and enjoyment of the service;
interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks;
compromise or tamper with the security of our or any other person's software, hardware, systems, networks or services;
transmit any computer code which is designed to harm the operation of any software, hardware or network, including (without limitation) viruses, trojan horses, worms, etc.;
violate the privacy of any person;
reproduce, replicate, copy, sell or re-sell any of our service, website and the information or data contained in our service;
repeatedly or in a rapid manner transmit content in such a manner as to have the effect of harassing a recipient;
transmit content that you do not own or do not have the right to publish or distribute;
use the service for commercial use without authorization;
help any third party to do any of the above.

6. Charges/Payment

In consideration for using our services, you must pay us our charges, at the applicable rate then in effect, in the manner we specify including (without limitation) our charges for messages delivered or partially delivered using any available delivery method.

You must pay all charges upfront by buying service credits. If you have no credits, you cannot use the service. Once you have paid the upfront charges, you will only be able to use the service after a reasonable time to as we need to add the credits to your account.

We charge in Euros (EUR), the official currency of the Portuguese Republic and, when necessary, convert the amount to the relevant currency at the applicable conversion rate on the date of the transaction. The conversion may change the charge due to currency fluctuations. The final charge is the amount reflected on the credit card holder's statement.

7. Ending this agreement or suspension of service

If this agreement ends or a service is suspended for any reason, you are responsible for any outstanding obligations including (without limitation) payment of any costs or charges that may arise in connection with such ending or suspension, and payment of all outstanding charges for use before the ending or suspension.

Your payment and other obligations under this agreement are not suspended or otherwise affected by a suspension of access to/or use of a service (in whole or in part) where the suspension arises from your failure to comply with the terms.

Upon ending and/or cancellation of a service or this agreement, for any reason you must immediately stop using the service.

We reserve the right, without notice and in our discretion, without any liability to you, to terminate or limit access to use our service.

We have no obligation to you after any termination or cancellation of a service or this agreement.

8. Interception of communication

By subscribing to or using our service, you agree that we may intercept, block, filter, read and monitor any communication you make to the extent allowed by law for the purpose of conducting our business and securing our systems.

9. Limitation of liability

We are not responsible for the deletion or failure to store information.

We have set no fixed upper limit on the number of message you may send through the service apart from how many credits are left in your account.

The sender identification that can be included as part of a mobile text message is not a guaranteed feature. Your message might be sent without your sender identification and you will not be notified of this.

Whilst we will take all reasonable steps to deliver your messages to recipients as fast as possible, we cannot commit to, or guarantee, a specific delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages across the GSM network.

Furthermore, delivery reports and the originator are operator dependant features and so it is not possible for us to give 100% guarantees for their availability. We recommend that tests should be conducted beforehand when these features are considered to be of high importance.

You acknowledge that as we send and receive text-messages via major telecommunications companies and mobile network operators, our influence over the transmission of your messages is within the technical constraints imposed upon us. Our responsibility is therefore to ensure that the text-messages you send through the service are processed correctly and delivered to the assigned entity.

We are not responsible for the final delivery of the message, as this is out of our control and is the responsibility of the mobile network operator.

Although we try our best to deliver message quickly, messages may be delivered late due to queuing or network traffic. This may still result in the message being seen as "delivered".

10. No resale of the service

Users agrees not to resell or make any commercial use of the service, without the express consent of DAPGRP, LDA.

11. Applicable law

Our service and website is controlled by DAPGRP, LDA and operated from our premises in Maia, Portugal. You agree that all disputes, claims or other matters arising from your use of the service will be governed by the laws of the Portuguese Republic. You also agree that all claims will be heard and resolved in a court located in Portugal.

12. Contact information

If you have any questions regarding these terms please contact us:

DAPGRP, LDA · daplab | web · solutions

Rua Padre António 81, 2º Dto. Frt.

4470-136 Maia, Porto, Portugal

Phone: (+351) 22 018 49 15

Email: info@dapsms.com