Effective Date: 8 March 2026 | Last Updated: 8 March 2026
These Terms & Conditions ("Terms") govern your access to and use of the SMSFoundry platform ("Platform", "Service", "we", "us"), operated by SMSFoundry ("Company"), accessible at smsfoundry.com. By registering an account or using the Service, you ("User", "Tenant", "you") agree to be bound by these Terms.
"Platform" refers to the SMSFoundry web application, REST API, Android application, and all associated services.
"Tenant" refers to any registered business or individual who creates an account on the Platform.
"Device" refers to any Android smartphone paired with the Platform to function as an SMS gateway.
"API Key" refers to the authentication credential issued to Tenants for programmatic access.
"Message" refers to any SMS queued, sent, or attempted through the Platform.
"Plan" refers to the subscription tier selected by the Tenant, which defines quotas, limits, and features.
You must be at least 18 years of age and legally capable of entering into a binding agreement. If you are using the Platform on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms. The Platform is intended for business and professional use only.
To use the Platform, you must create an account by providing accurate and complete information including your name, business name, and a valid email address. You must verify your email through our OTP-based activation process before your account becomes active.
You are solely responsible for maintaining the confidentiality of your account credentials, API keys, and device tokens. You must immediately notify us at support@smsfoundry.com if you suspect unauthorized access to your account.
We reserve the right to suspend or terminate accounts that provide false information, remain inactive for extended periods, or violate these Terms.
SMSFoundry is a software product that provides a self-hosted, multi-tenant SMS management platform. The Platform includes a web dashboard for administration, a REST API for programmatic message queuing, and an Android application for device pairing and message dispatch.
What SMSFoundry IS: A software tool that helps you manage, queue, and track SMS messages sent from your own devices.
What SMSFoundry IS NOT: A telecom operator, SMS aggregator, messaging service provider, or carrier. We do not provide SIM cards, phone numbers, sender IDs, carrier connections, DLT registration, or message routing infrastructure of any kind.
All messages are sent from your own Android devices using your own SIM cards on your own carrier network. The Platform simply manages the queue and tracks delivery status. You are the sender of record for all messages dispatched through your devices.
Message delivery depends on your carrier network, device availability, SIM card status, recipient carrier, and other factors entirely outside our control. We do not guarantee delivery of any individual message.
You agree to use the Platform only for lawful purposes and in compliance with all applicable laws and regulations. You must not use the Platform to:
a) Send unsolicited commercial messages (spam), phishing messages, or fraudulent communications.
b) Send messages that contain or promote illegal content, hate speech, threats, harassment, obscenity, or content harmful to minors.
c) Engage in SMS pumping, Artificially Inflated Traffic (AIT), or any form of messaging fraud.
d) Send messages without proper consent from recipients as required by applicable law (including but not limited to TRAI regulations, TCPA, GDPR).
e) Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
f) Attempt to bypass rate limits, quota restrictions, abuse detection systems, or any other security measures of the Platform.
g) Use the Platform to transmit malware, viruses, or any code designed to disrupt, damage, or limit the functionality of any system.
h) Resell access to the Platform or sublicense the Service without written authorization from SMSFoundry.
i) Violate any telecommunications regulations applicable in the jurisdiction from which messages are sent or to which messages are delivered.
SMSFoundry is a software platform — not a telecom operator, bulk SMS aggregator, or messaging service provider. We do not provide SIM cards, phone numbers, sender IDs, carrier connections, or message routing infrastructure. The Platform is a self-hosted tool that enables you to manage SMS sending through your own Android devices and your own SIM cards on your own carrier network.
All messages are sent directly from your physical device using the native Android SmsManager. SMSFoundry does not transmit, relay, or route messages through any third-party gateway or telecom infrastructure.
Because you are the entity sending messages from your own SIM card, you are solely responsible for complying with all applicable telecommunications and messaging regulations in your jurisdiction, including but not limited to:
India: TRAI (Telecom Regulatory Authority of India) regulations, DLT registration requirements (if applicable to your use case and message category), NDND registry compliance, content restrictions, and any obligations under the Telecom Commercial Communications Customer Preference Regulations.
United States: TCPA (Telephone Consumer Protection Act), 10DLC registration requirements, CTIA messaging guidelines.
European Union: GDPR, ePrivacy Directive, and member-state specific regulations.
Other jurisdictions: Any local, national, or international laws governing SMS communications, data privacy, and electronic marketing applicable to where you send messages from and to.
If you are using the Platform to send commercial or transactional SMS within India, you should be aware that TRAI's DLT framework may apply to your messaging activities depending on the nature and volume of your messages. DLT registration, approved sender IDs, and template registration are obligations that fall on the sending entity (you and/or your carrier), not on the software platform.
SMSFoundry provides tools that may assist with compliance (such as template management with variable tagging support), but the Platform itself is not a DLT-registered entity and does not perform DLT submission, template approval, or sender ID registration on your behalf.
SMSFoundry makes no representation or warranty regarding regulatory compliance of messages sent through the Platform. We do not provide legal or regulatory advice. It is your responsibility to consult with qualified legal counsel to determine which regulations apply to your specific use case and jurisdiction.
You agree to indemnify SMSFoundry against any claims, fines, penalties, or liabilities arising from your failure to comply with applicable regulations.
The Platform offers multiple subscription plans with varying quotas, limits, and features as displayed on the Pricing page. Plan details may change; existing Tenants on active paid plans will be notified at least 15 days before changes take effect.
Quota limits (monthly SMS, daily SMS, devices, templates, contacts, API keys, bulk limits) are enforced automatically. Exceeding quotas will result in temporary service restrictions until the next billing period or until you upgrade your plan.
Payment terms, refund policy, and billing cycle details are governed separately under our Payment & Refund Policy.
API access is subject to per-key rate limiting as configured by your plan. Rate limit headers are included in every API response. Exceeding rate limits returns HTTP 429 with a Retry-After header.
The API supports idempotency keys to prevent duplicate message sends. It is your responsibility to implement retry logic with idempotency keys in production integrations.
API keys are issued per-Tenant and must not be shared, published in client-side code, or committed to public repositories. Compromised keys should be immediately revoked from the dashboard.
The Platform includes automated abuse detection systems that monitor for suspicious patterns including rapid sending, recipient bombing, duplicate content flooding, spam keywords, suspicious URLs, off-hours bursts, high failure rates, and AIT/pumping to high-risk destinations.
Accounts that trigger critical abuse flags may be automatically suspended. Suspended accounts will be notified via email and may appeal by contacting support. We reserve the right to permanently terminate accounts engaged in repeated or severe abuse. For details, see our Abuse Policy.
You retain ownership of all data you transmit through the Platform, including message content, recipient information, templates, and contacts. We do not claim any intellectual property rights over your data.
Our handling of personal data is governed by our Privacy Policy. Since SMSFoundry is self-hosted, your message data resides on the hosting infrastructure you have chosen.
We implement industry-standard security measures including encrypted password storage, two-factor authentication, CSRF protection, Content Security Policy headers, session fingerprinting, API key hashing, and comprehensive audit logging.
However, no system is completely secure. You acknowledge that you use the Platform at your own risk. You are responsible for securing your own devices, credentials, and integrations.
We strive to maintain high availability but do not guarantee uninterrupted service. The Platform may experience downtime for maintenance, updates, or due to circumstances beyond our control. We will make reasonable efforts to provide advance notice of planned maintenance.
Message delivery is dependent on carrier networks, device connectivity, and recipient availability. We are not responsible for delivery failures caused by carrier rejections, network outages, or device malfunctions.
To the maximum extent permitted by applicable law, SMSFoundry and its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of the Platform.
Our total aggregate liability for any claims arising from or relating to the Service shall not exceed the total amount paid by you to SMSFoundry in the 3 months preceding the claim.
This limitation applies regardless of the theory of liability (contract, tort, strict liability, or otherwise).
You agree to indemnify, defend, and hold harmless SMSFoundry from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any messages sent through your account; (e) any third-party claims relating to your messaging activities.
The Platform, including its design, code, documentation, branding, and trademarks, is the intellectual property of SMSFoundry. You are granted a limited, non-exclusive, non-transferable license to use the Platform for its intended purpose during the term of your subscription.
You may not copy, modify, distribute, reverse-engineer, or create derivative works based on the Platform without written permission.
You may terminate your account at any time by contacting support. We may suspend or terminate your account immediately for violation of these Terms, abuse of the Platform, non-payment, or if required by law.
Upon termination, your access to the Platform will cease. Your data will be retained for 30 days to allow for data export, after which it will be permanently deleted unless a longer retention period is required by law.
Sections 10, 13, 14, and 15 survive termination.
These Terms are governed by the laws of India. Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts in Vijayawada, Andhra Pradesh, India.
Before initiating legal proceedings, both parties agree to attempt resolution through good-faith negotiation for a period of 30 days.
We reserve the right to modify these Terms at any time. Material changes will be communicated via email to your registered address at least 15 days before taking effect. Continued use of the Platform after the effective date constitutes acceptance of the modified Terms.
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
For questions or concerns regarding these Terms, contact us at:
SMSFoundry
Email: support@smsfoundry.com
Website: https://smsfoundry.com