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Terms of Use

  1. YOUR RELATIONSHIP WITH SNEAKSMS:

    1. Your use of SneakSMS's products, software, services and web sites (referred to collectively as the "services" in this document) is subject to the terms of a legal agreement between you and SneakSMS. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

    2. These Terms of Service form a legally binding agreement between you and SneakSMS in relation to your use of the services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms". Note that terms are subject to change, and by continuing to use the service, you agree that you have reviewed them and agree to all changes.

  2. ACCEPTING THE TERMS OF SERVICE:

    1. In order to use the services, you must firstly agree to the Terms. You may not use the services if you do not accept the Terms.

    2. You can accept the Terms by either:

      1. Registering an account with SneakSMS

      2. Using SneakSMS services

  3. OBLIGATIONS OF SNEAKSMS:

    1. SneakSMS will send all SMS messages using the details supplied by the account holder unless the message is determined by SneakSMS to breach any of the terms provided here or in the anonymous SMS rules.

    2. SneakSMS will only guarantee that messages are sent from our systems (provided they do not breach any terms provided here or in the anonymous SMS rules) and do not guarantee that the message will be successfully delivered to the intended recipient due to any factor outside of our control.

    3. SneakSMS do not guarantee that all of the features provided by SneakSMS (including Sender ID functionality) will be compatible with all recipient networks.

    4. SneakSMS is not responsible for any policies put in place by recipient networks that modify any messages sent from our systems, including Sender ID modification.

    5. SneakSMS will ensure that any Sender ID specified by the account holder when sending a message will not be replaced with the account holder’s number, unless the account holder fails to change the Sender ID from their own number to another.

    6. SneakSMS services are provided "as is" and SneakSMS and its suppliers expressly disclaim any representation or warranty regarding the performance, availability, functionality or any other aspect of said services. SneakSMS and its suppliers make no warranty that the use of services will be uninterrupted, timely, secure, or error-free; nor do SneakSMS, or its suppliers, make any warranty as to the results that may be obtained from use of the services.

    7. SneakSMS maintains at all times a current list of mobile operators being covered. SneakSMS reserves the right to alter the list adding or deleting operators, as appropriate. While SneakSMS will cover as many mobile operators as commercially practical, SneakSMS does not undertake, represent or warrant that any particular mobile operator will continue to be reachable by SneakSMS at any time in the future.

    8. SneakSMS, from time to time, may be unavailable for periods under which it is maintaining any of its systems. Of particular notice, server migrations can cause extended downtime. While SneakSMS guarantees that such moves will be completed as quickly as economically viable, such downtimes cannot be compensated for.

    9. SneakSMS reserves the right to filter and refuse messages from account holders that contain objectionable content, and to refuse to deliver messages intended for receipt by mobile users who have requested SneakSMS not to send any messages to their mobile device.

    10. SneakSMS is not responsible for ensuring it is lawful to use its service in the account holder’s country.

    11. SneakSMS will not release any personal information to any third party unless required to by law.

  4. OBLIGATIONS OF ACCOUNT HOLDER:

    1. The account holder will be the sole user of their account with SneakSMS and will not permit anybody else to use their account.

    2. The account holder shall be solely responsible for the content of the messages, scheduling and management of all messages sent from their account and SneakSMS shall have no liability or responsibility with respect thereto.

    3. The account holder undertakes to do everything necessary so that the content of the messages do not harm the image of SneakSMS. In this regard, the account holder undertakes notably to avoid any risk of confusion between itself, SneakSMS, and mobile operators.

    4. The account holder undertakes to identify themselves within the content or alphanumeric sender of each SMS message.

    5. Any service interruption / breakdown experienced by the customer shall be reported immediately to SneakSMS through the support system to enable us to take reasonable steps to assist and co-operate with customer, wherever possible, in restoring such technical faults. SneakSMS will be responsible only for elements that are in its direct control and will try to solve the problem and restore service as quickly as possible. Once a fault is noticed or reported, the customer will not continue to use the service until it is reported resolved by SneakSMS. If the customer continues to use the service, they do so fully at their own risk and no refund will be provided for service failure during such time.

    6. The account holder shall be held responsible for all losses, claims, costs, expenses and liabilities which SneakSMS may suffer as a result of the content of any messages or the use of the SneakSMS services by customer for any unlawful or abusive purpose.

    7. If the account holder decides to use SneakSMS anonymous SMS facility, the customer agrees to fully abide to the separate anonymous SMS rules located here: http://www.sneaksms.com/anonymous_rules.php.

    8. The customer agrees not to use SneakSMS in connection with pyramid schemes, chain letters, fraud, spamming, or any unsolicited messages (commercial or otherwise).

    9. The customer agrees to cease sending SMS messages to any person who requests to not receive any messages.

    10. The account holder agrees to not use SneakSMS services to defame, abuse, harass, stalk, threaten, intimidate or otherwise violate the legal rights of others. Hatred against any country, race, or religion is strictly prohibited.

    11. The account holder will ensure that it is lawful to use SneakSMS in their country, and will not hold SneakSMS accountable for any unlawful use.

    12. The account holder agrees that any information submitted to SneakSMS can be submitted to any third party when required to by law.

  5. MESSAGE CONTENT:

    1. The customer agrees that SneakSMS may filter, adapt, or block any message from being sent that could break any of the SneakSMS terms including those contained within the Anonymous SMS rules.

    2. SneakSMS uses automatic security systems to prevent certain messages being sent that could breach SneakSMS terms. The customer agrees that the use certain keywords may result in their account being immediately terminated by the security software.

    3. SneakSMS will review all automated account closures, and will endeavour to reactivate any account that SneakSMS believes was not in breach of its terms.

    4. The customer agrees to provide a valid sender ID for each message they send. In case no sender ID is used by the customer, a default Sender ID may be automatically inserted by either SneakSMS, or its service providers. This default sender ID will vary according to the path taken by the SMS.

  6. FINANCIAL ARRANGEMENT:

    1. The account holder agrees that the fee SneakSMS charges for providing its service shall be deducted at the time of use. The fee will be displayed on the page relating to the service.

    2. Fees are subject to change, but where possible SneakSMS will ensure that any changes to the fee structure will only apply from the next time the customer credits their account.

    3. Customer agrees to pre-pay SneakSMS for services and acknowledges and agrees that SneakSMS shall only be obliged to provide services under this agreement to the extent that is has been paid in advance.

    4. SneakSMS shall provide customer with said services upon receipt of funds via PayPal, or Nochex (UK only). The pre-paid amount will constitute a credit to customer and shall be applied against all Fees.

    5. Credit will be valid only for 120 days from date of payment to SneakSMS, upon which it will expire. The customer will be offered the chance to purchase the amount of credit that expired back for a nominal reactivation fee. This offer will remain valid for at least a further 120 days. Beyond this time the customer agrees that the credit is now null and void.

    6. Any kind of payment dispute, including but not limited to chargebacks, unauthorised access claims, or not as described claims, initiated by the customer will result in immediate termination of the customer's account and all credit remaining will be forfeited.

  7. ENDING YOUR RELATIONSHIP WITH SNEAKSMS:

    1. The terms will continue to apply until terminated by either you or SneakSMS as set out below.

    2. If you want to terminate your legal agreement with SneakSMS, you may do so by notifying SneakSMS at any time. Your notice should be sent, by support ticket, to SneakSMS.

    3. SneakSMS may at any time, terminate its legal agreement with you if:

      1. You have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the terms).

      2. SneakSMS is required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful).

      3. The partner with whom SneakSMS offered the services to you has terminated its relationship with SneakSMS or ceased to offer the services to you.

      4. SneakSMS is transitioning to no longer providing the services to users in the country in which you are resident or from which you use the service.

      5. The provision of the services to you by SneakSMS is, in SneakSMS's opinion, no longer commercially viable.

      6. The registered account failed any fraud checks.

      7. Any other reason which is deemed valid by SneakSMS.

    4. SneakSMS will not justify the reason for any account closure, other than at SneakSMS's discretion.

  8. REFUNDS:

    1. SneakSMS cannot offer refunds of credit held on account with the exception that SneakSMS may at its discretion provide a refund to a customer where message delivery failed directly as a result of our site or service.

    2. Refunds will, under no circumstance, be offered where a fault is outside the control of SneakSMS. This includes any issues of feature compatibility.

    3. Any refund will be given by returning used credits to the customer's account - the amount of which will not exceed the amount deducted for the service used in that one instance.

    4. Refunds will not be provided under any circumstance if any of SneakSMS's terms of service have been broken.

    5. Refunds will not be provided for messages that have been blocked by SneakSMS due to a breach of its terms.

  9. LIMITATION OF LIABILITY:

    1. The services are provided "as is" and SneakSMS give you no warranty with respect to them.

    2. In particular, and so far as allowed by law, SneakSMS does not represent or warrant to you that:

      1. Your use of the services will meet your requirements,

      2. Your use of the services will be uninterrupted, timely, secure or free from error,

      3. Any information obtained by you as a result of your use of the services will be accurate or reliable,

      4. Defects in the operation or functionality of SneakSMS provided to you as part of the services will be corrected.

    3. SneakSMS is not liable for any message sent by any customer. The customer assumes full responsibility for any message sent from their account, and for any legal action taken against them.

    4. The customer agrees to pay any legal costs associated with any message sent from their account.

  10. COMPATIBILITY:

    1. SneakSMS does not guarantee that any of its services will be compatible with every network listed in our coverage documentation. Individual networks may take steps to prevent non-mobile originated messages from reaching their users, may not have the technology in place to accept messages from SneakSMS, or may choose to block features such as custom Sender IDs. SneakSMS is not responsible for such incompatibilities.

    2. Messages sent from SneakSMS must use only ASCII characters. We cannot accept responsibility for issues with SMS sent that contain non-ASCII characters.