Terms & Conditions

The general terms and conditions of XTREME INTERNET SOLUTIONS BV, hereinafter referred to as Smstools, apply to all order forms, order confirmations, quotations and agreements. These conditions prevail over any conditions of the contractor, who accedes to the general conditions of Smstools, without reservation and waives its own general conditions, even if these conditions state that they take precedence over all others. It is not possible to deviate from these conditions without the prior, explicit and written consent of Smstools.

1. GRANT OF LICENSE

1.1. License
1.1.1. In consideration of timely payment by the Licensee to the Licensor of the License Fee and in accordance with the General and Specific Terms and Conditions, the Licensor grants to the Licensee, and the Licensee accepts from the Licensor, a non-exclusive and non-transferable right and license to use Smstools for sending and/or receiving SMS, MMS, voice or Whatsapp messages.

1.1.2. This License is expressly limited to the Term of this Agreement as mentioned in the Specific Terms and Conditions.

1.2. Sublicense
The Licensee shall not be entitled to grant sub-licenses without the Licensor's prior written consent.
1.3. Reverse Engineering / Modifications
Unless enforcement of this provision is prohibited by applicable law, the Licensee may not decompile, disassemble, reverse engineer, decipher, decrypt or otherwise attempt to discover the source code or any other parts of the mechanisms and algorithms used for Smstools nor create derivative works of Smstools or of any part of Smstools. The Licensee may not alter, modify, adapt, port or merge Smstools or any part thereof.
1.4. Ownership
The Licensee recognizes that all Intellectual Property Rights and Know-How related to Smstools shall remain the Licensor's property. Unless otherwise agreed upon between the Parties, the Licensor shall own any Intellectual Property Rights in any enhancements or modifications made to Smstools.

2. WARRANTIES

2.1. Specifications
The Licensor does not provide any guarantee as to quality / suitability / features / compatibility of Smstools other than as mentioned in the general documentation
2.2. Smstools is provided "AS IS" and is provided without warranty of any kind, express or implied, including but not limited to the warranties of merchantability or fitness for a particular purpose not expressly agreed on between the Parties.
2.3. Third parties
2.3.1. The Licensor will not indemnify nor hold harmless the Licensee against any infringements of any rights of third parties.

3. LIMITATION OF LIABILITY

3.1. The Licensor's total aggregate liability to the Licensee or to any third party, whether in contract (including under any indemnity or warranty), in tort (including negligence) under a warranty, under statute or otherwise, under or in connection with this Agreement shall be limited to the amount of the yearly License Fee of the preceding Term.
3.2. Notwithstanding any other provision of this Agreement, the Licensor shall not be liable vis-a-vis the Licensee or to any third party, whether in contract (including under any indemnity or warranty), in tort (including negligence) under a warranty, under statute or otherwise, under or in connection with this Agreement for any lost revenue, lost profit, lost data or corrupted data, or indirect or consequential damages, however caused, arising out of the use of or inability to use Smstools even if the Licensor has been advised of the possibility of such damages.

4. GOVERNING LAW AND JURISDICTION

4.1. This Agreement is governed by and must be construed and interpreted in accordance with the laws of Belgium.
4.2. The courts of the province of Limburg, Belgium, have exclusive jurisdiction over any dispute arising out of or related to this Agreement, including its termination.

5. MESSAGING

In the event that messaging Services are a part of the Service provided to Client under the Agreement, the following conditions apply:
5.1. General
The Client is responsible for the content of all messages sent by Client and guarantees that these comply with Applicable Law.
Read our 'Acceptable Use Policy' for more information about allowed messages content.
5.2 Smstools is obligated to make reasonable efforts to enable service interoperability to deliver SMS to as many networks as possible. However, Smstools is dependent on the service interoperability of operators in each country. Smstools neither guarantees nor represents that all messages can be delivered.
5.3 Additional Terms and Conditions Social Media and Push Services
5.4 Social Media and Push Services provide the Client with the possibility to communicate, share information with, and regarding individual End Users using Social Media applications (like Whatsapp, Viber, Telegram) and/or in-app push messaging. It is the sole responsibility of the Client to ensure the communication, the information obtained and sent to the End User is sufficiently secured and protected, and that Client has obtained the required informed consent of each individual End User, or has a lawful basis, before Processing or transferring any information of said End User using social media channels or push messaging. Smstools shall not have any responsibility in this regard and Smstools shall provide (access to) Social Media and Push Services and all information on "as is" and "as available" basis.
The terms and conditions of the organizations providing the various social media platforms and services integrated in the Service are applicable to the use of the Service by Client. It is Clients responsibility to ensure compliance with the terms and conditions and Applicable Law.

6. VOICE

In the event that Voice Services are a part of the Service provided to Client under the Agreement, the following conditions apply:
6.1. Additional Terms and Conditions Voice
6.2 Client guarantees that it will refrain from: (i) using the Voice Services for other than normal use as intended by Smstools, (ii) infringing intellectual property rights of third parties, (iii) misusing allocated access codes or issuing such to third parties, (iv) teasing, spamming, offending, causing hurt or annoyance, hacking or causing a nuisance in some other way, (v) establish connections on a large scale to sales numbers or services, (vi) as well as every action as a result of which payments owing to Smstools are improperly restricted.
6.3 Client shall not use or permit others to use the Voice Services in a manner that is fraudulent or unauthorized. Smstools may, without notice and without liability, interrupt all Client's communications to prevent or terminate fraudulent and/or unauthorized activities.
6.4 Smstools is obligated to use reasonable efforts to enable interoperability of services in order to make telephone numbers reachable from as many networks as possible. However, Smstools must rely on the interoperability of services of Operator(s) in each country for end-to-end connectivity. Smstools does not warrant and represent that all telephone numbers from all networks will be reachable at all times.
6.5 Client is responsible to securely connect its network or systems with the Platform of Smstools. Client is responsible for all Traffic submitted to the Platform of Smstools or initiated from the Client account and is without exceptions also fully responsible for the payment of all aforementioned Traffic. Client is responsible for its own calling behavior, call destinations and Traffic to and/or through the Platform of Smstools.
6.6 Client is required to send along the correct information with regard to the location where the call is initiated/set up ("Caller" or "Sender ID") with every call that comes through the Platform of Smstools via the connection of Client. Withholding that actual location information - intentionally or by accident - is in any case, but certainly in the event of trying to lower costs, considered to be unreasonable use of the Service by Client and is strictly forbidden. In this event, Smstools may take immediate proportionate measures including but not limited to applying a surcharge and disconnecting the Service.
6.7 Client shall indemnify, defend and hold harmless Smstools and its affiliates against all liabilities, losses, damages, claims, penalties, fines and costs (including reasonable legal costs) resulting from or arising out of the failure by Client to comply with this article.

7. PRE-PAID

In the event that Client uses any Service(s) on a Pre-Paid Basis and/or account, the following conditions apply:
7.1. Additional Terms and Conditions Pre-Paid
7.2 Definition Pre-Paid Client: the Client who uses the Service on a pre-paid basis. The Pre-Paid Client will make occasional payments to Smstools, which are credited to his account. The credit allows the Pre-Paid Client to use the Services.
7.3 If Client has a pre-paid account, charges are incurred for the use of some Services, which are debited from Clients pre-paid account. Services subject to charges can only be used if the applicable minimum amount has been paid into the Pre-Paid Clients account.
7.4 Pre-paid credits and balance can be used by the Pre-Paid Client the day the amount is received by Smstools. Pre-paid credit is non-refundable. Prepaid credits do not expire, unless the Prepaid Client has not sent any SMS for a continuous period of twelve (12) months. In that case, the remaining balance will be forfeited.
7.5 The Pre-Paid Client is in default when the credit card payment is being charged back. Smstools is entitled to close down the Pre-Paid Clients account when a credit card payment is being charged back.
7.6 Client will indemnify Smstools against misuse of pre-paid balance by third parties.
7.7 Smstools, is entitled to refuse a Pre-Paid Client registration to it's service without giving reasons and to terminate an existing membership without giving reasons. Registration may only be made once per person or legal entity. The account will be deleted if the account is not charged within three (3) months of registration, or within twelve months after all credit has been used.