Terms of service

This document is a draft pending legal review.

These terms of service ("Terms") apply when you create a BitSMS account or use the BitSMS website, dashboard or API. BitSMS is operated by BitCommerz ("we", "us"). By creating an account or sending a message, you agree to these Terms on behalf of yourself and any business you represent.

1. The service

BitSMS is an SMS gateway. You send us a request through the API or the dashboard; we route the message to a mobile operator in Bangladesh through one of our upstream SMS providers and report its status back to you. The service includes one-time password (OTP) sending and verification, single and bulk sending, masking (branded) and non-masking sender IDs, delivery reports, webhooks and usage reports.

At present, BitSMS sends only to Bangladeshi mobile numbers.

2. Your account and verification

• You must give accurate information when you sign up and keep it up to date.
• You must verify your mobile number before you can send messages. We may ask for further information or business documents, for example before approving a masking sender ID or a higher sending volume.
• You are responsible for everything done through your account, including by team members you invite and by any API key you create.
• You must be legally able to enter into a contract in Bangladesh, and if you sign up for a business, you must be authorised to act for it.

3. Acceptable use

You may use BitSMS only for lawful messages to people who expect to hear from you. In particular, you must not:

• send spam or unsolicited promotional SMS, or send promotional messages to anyone who has not agreed to receive them or who has asked you to stop;
• send messages that are fraudulent, deceptive or designed to collect passwords, PINs, card numbers or other credentials (phishing);
• impersonate another person, company, bank or government body;
• use a sender name that you are not entitled to use, such as another company's brand;
• send content that is illegal, threatening, hateful, obscene, or that infringes anyone's rights;
• try to get around our limits, filters or opt-out handling, or interfere with the service or other customers' use of it.

You must comply with the laws of Bangladesh and with directives of the Bangladesh Telecommunication Regulatory Commission (BTRC) and the mobile operators that apply to the messages you send. You are responsible for the content of your messages and for having the consent you need to send them.

4. Sender IDs

A masking sender ID shows your brand name instead of a number. It is available only after we and the relevant operator or provider approve it, and only for a name you have the right to use. We may withdraw a sender ID that is misused or that the operator no longer accepts.

5. Credit and prices

• BitSMS is prepaid. You buy credit in Bangladeshi taka (BDT) and each message is charged from your balance when we accept it.
• Prices are per SMS part. A long message, or a message in Bangla, may be split into more than one part, and each part is charged.
• Current prices are shown on our pricing page. We may change prices for future messages; a change does not affect messages already accepted.
• When credit is returned to your balance, and when a payment can be refunded, is described in our refund policy.

6. Delivery

We hand each message to a mobile operator through our upstream providers and do our best to have it delivered quickly. Final delivery depends on operators and on the recipient's phone and network, which we do not control. Delivery is therefore best effort: we do not guarantee that any message will be delivered, or delivered within a particular time.

7. API keys and security

Keep your password, API keys and webhook secrets confidential. Anyone with a valid API key can send messages that are charged to your balance. If you think a key has been exposed, revoke it in the dashboard immediately. You are responsible for messages sent with your keys until you revoke them.

8. Suspension and closure

We may limit, suspend or close your account, without notice where necessary, if you break these Terms, if your messages generate abuse complaints, if an operator or regulator asks us to, or if we need to protect the service, recipients or other customers. Where we can, we will tell you why. You can close your account at any time by contacting support.

9. Limits on our liability

• The service is provided "as is" and "as available".
• We are not liable for losses caused by operators, upstream providers, network outages, events beyond our reasonable control, or messages that are delayed or not delivered.
• We are not liable for indirect or consequential losses, such as lost profit, revenue or business opportunity.
• To the extent the law allows, our total liability to you for any claim is limited to the amount you paid us for the service in the three months before the claim arose.
• Nothing in these Terms limits liability that cannot be limited under the law of Bangladesh.

10. Governing law

These Terms are governed by the laws of Bangladesh. The courts of Dhaka have jurisdiction over any dispute arising from them.

11. Changes to these Terms

We may update these Terms from time to time. We will show the new date at the top of this page and, for important changes, tell account owners by email or in the dashboard before the change takes effect. If you keep using BitSMS after a change, you accept the updated Terms.

Contact us

BitSMS is a product of BitCommerz. If you have a question about this document, write to us or visit us:

• Company: BitCommerz
• Address: 1/1 NS Road (2nd Floor), Block A, Banasree, Dhaka 1219, Bangladesh
• Email: [email protected]
• Phone: +880 1335-075410 (Sun – Thu, 9 AM – 6 PM)

Related

• Privacy policy
• Refund policy