Legal

Terms and Conditions

Effective Date: 3 August 2026Last Updated: 25 September 2026

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your access to and use of the SMS Philippines web application, dashboard, APIs, webhooks, and all related services (collectively, the "Service"), operated by SMS Philippines, a service of Zenglobal Network and Data Solutions ("we", "us", "our").

By registering an account, accessing the dashboard, calling our API, or sending a single message through the Service, you ("you", "Customer", "User") confirm that you have read, understood, and agree to be legally bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must not use the Service.

If you are using the Service on behalf of a company, partnership, sole proprietorship, government office, or other legal entity, you represent and warrant that you have full authority to bind that entity, and "you" refers to both you personally and that entity, jointly and severally.

2. Eligibility

You may use the Service only if you:

  1. Are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is higher;
  2. Have the legal capacity to enter into a binding contract under Philippine law;
  3. Are not barred from receiving services under the laws of the Republic of the Philippines or any other applicable jurisdiction;
  4. Have not previously been suspended or removed from the Service; and
  5. Provide accurate, current, and complete registration information.

We may, at any time and at our sole discretion, request proof of identity, business registration (SEC/DTI), BIR registration, or authority, and may suspend your account until such proof is provided to our satisfaction.

3. Description of the Service

The Service enables you to:

  • Send one-off SMS "message blasts" to mobile numbers you supply (Quick SMS);
  • Create, schedule, and manage SMS campaigns, including recurring and multi-step message sequences;
  • Create and manage contacts and contact groups;
  • Register and manage Sender Names (Sender IDs) and whitelisted URLs, subject to approval by us and by the relevant mobile network operators;
  • Generate and rotate API keys and trigger campaigns programmatically via API and webhooks;
  • Purchase SMS credits and view usage, billing, and purchase history.

Certain features depend on third-party providers, including mobile network operators (such as Globe and Smart), payment processors, and hosting and infrastructure providers. Availability, delivery speed, and pricing may change as a result of changes imposed by those third parties.

4. Accounts and Security

  1. Registration. You must create an account with a valid email address and password. One person or entity may hold only one account unless we agree otherwise in writing.
  2. Credentials. You are solely responsible for maintaining the confidentiality of your login credentials, API keys, webhook tokens, and one-time passwords (OTPs).
  3. Responsibility for Activity. You are fully responsible for all activity occurring under your account or API keys, whether or not authorized by you, unless and until you notify us of a compromise and we have a reasonable opportunity to act.
  4. Compromise Notification. You must notify us immediately at legal_privacy@smsphilippines.com upon discovering any unauthorized use, credential leak, or security breach affecting your account.
  5. Key Rotation. You are responsible for rotating API keys periodically and immediately upon any suspected compromise. We may revoke or rotate keys unilaterally where we reasonably believe they have been compromised or abused.
  6. Accuracy. You must keep your account and billing information accurate and up to date.

5. Acceptable Use Policy

You agree that you will not, and will not permit any third party to, use the Service to:

5.1 Unlawful and Prohibited Content

  1. Transmit any content that is unlawful, defamatory, libellous, obscene, pornographic, indecent, harassing, threatening, hateful, discriminatory, or that incites violence or terrorism;
  2. Violate the Revised Penal Code, the Cybercrime Prevention Act of 2012 (Republic Act No. 10175), the Anti-Photo and Video Voyeurism Act (RA 9995), the Anti-Child Pornography Act (RA 9775), the Safe Spaces Act (RA 11313), or the Anti-Online Sexual Abuse or Exploitation of Children Act (RA 11930);
  3. Transmit content promoting illegal drugs, unlicensed firearms, human trafficking, illegal gambling, pyramid schemes, Ponzi schemes, "networking" investment scams, unregistered securities, or "get rich quick" offers;
  4. Impersonate any person, business, government agency, bank, financial institution, or telecommunications provider, or misrepresent your affiliation with any of them;
  5. Conduct phishing, smishing, SIM-swap facilitation, identity theft, one-time-password (OTP) interception, "budol" schemes, or any other fraudulent activity, including any conduct prohibited by the SIM Registration Act (RA 11934) or the Anti-Financial Account Scamming Act (RA 12010);
  6. Transmit malware, malicious links, or content that harms devices, networks, or data;
  7. Infringe any copyright, trademark, patent, trade secret, right of publicity, or other intellectual property or proprietary right.

5.2 Messaging Conduct

  1. Send unsolicited commercial messages ("spam") to recipients who have not given prior consent as required by the Data Privacy Act of 2012 (RA 10173) and applicable National Telecommunications Commission (NTC) rules;
  2. Send email through Mailflows to any address that was not collected directly from the recipient with their consent, including purchased, rented, traded or harvested lists; remove, hide or disable the unsubscribe link in any email; use misleading sender names, from addresses or subject lines; or continue emailing an address that has unsubscribed, hard-bounced or complained;
  3. Place automated voice calls through Automated Voice, or send messages from a Contact Center number, to any person who has not consented to be contacted, outside the calling hours permitted by law, or for any deceptive, harassing or abusive purpose;
  4. Send messages to numbers obtained from purchased, scraped, harvested, rented, or otherwise unlawfully acquired lists;
  5. Continue sending messages to any recipient who has withdrawn consent, replied with an opt-out keyword, or otherwise requested to stop;
  6. Omit clear sender identification, or use a Sender Name that is misleading, that you are not entitled to use, or that has not been approved;
  7. Send commercial messages at hours prohibited by law, regulation, or industry code, where applicable;
  8. Circumvent, or attempt to circumvent, filtering, throttling, content-screening, or anti-spam controls implemented by us or by network operators, including through message content obfuscation, "snowshoeing", or number/route rotation.

5.3 Technical Conduct

  1. Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent such restriction is expressly prohibited by law;
  2. Access the Service through automated means in excess of published rate limits, or in a manner that degrades or threatens the integrity, security, or performance of the Service;
  3. Probe, scan, or test the vulnerability of the Service or breach any security or authentication measure without our prior written authorization;
  4. Resell, sublicense, white-label, or otherwise provide the Service to third parties without our prior written consent;
  5. Use the Service to build a competing product or to benchmark it for a competitor.

5.4 Enforcement

We may, without prior notice and without liability, screen, filter, throttle, block, or refuse to transmit any message; suspend or terminate your account; revoke API keys or Sender Names; and disclose relevant information to law enforcement, the NTC, the National Privacy Commission (NPC), or affected network operators where we reasonably believe this Section has been violated or where required by law. Credits consumed by, or forfeited as a result of, a violation are non-refundable.

6. Your Responsibilities as a Sender

You acknowledge that you are the Personal Information Controller for the recipient data you upload, and that we act as your Personal Information Processor in respect of that data. Accordingly, you represent, warrant, and covenant on a continuing basis that:

  1. You have obtained valid, freely given, specific, informed, and evidenced consent from every recipient, or can rely on another lawful basis under the Data Privacy Act of 2012, for the messages you send;
  2. You maintain auditable records of such consent and of every opt-out request, and will produce them to us within five (5) calendar days of request;
  3. You honour opt-out requests promptly and, in any event, within two (2) business days;
  4. Your messages accurately identify you as the sender and include an opt-out mechanism where required;
  5. Your messages comply with all sector-specific regulations applicable to you, including those of the Bangko Sentral ng Pilipinas, the Insurance Commission, the Securities and Exchange Commission, the Department of Health, and the Food and Drug Administration;
  6. All content, links, and data you submit are accurate, lawful, and free of third-party rights infringement;
  7. You have the right to use each Sender Name and whitelisted URL you register.

7. Sender Names, URL Whitelisting, and Approvals

To register a Sender Name, you must provide your business or trade name, registered business address, authorised representative details, and supporting business documents — which may include SEC or DTI registration, BIR Certificate of Registration, Mayor's or business permit, Articles of Incorporation or partnership documents, board resolution or Secretary's Certificate, letter of authorisation or intent, government-issued identification of the authorised signatory, proof of brand or trademark ownership, and sample message templates.

You warrant that all such documents and information are authentic, complete, current, and lawfully submitted by you, and that you are authorised to provide them. Submitting falsified, altered, or unauthorised documents is a material breach of these Terms and may be reported to the authorities.

You expressly authorise us to submit, disclose, and process this information and these documents — and to make representations on your behalf — with mobile network operators, the National Telecommunications Commission (NTC), and other relevant government agencies, regulators, and accrediting bodies, for the purposes of applying for, registering, renewing, maintaining, or defending a Sender Name, and of responding to regulatory queries, audits, or complaints. We will handle these documents in accordance with our Privacy Policy and will retain them for as long as required to evidence lawful registration. You must promptly notify us of any change to your business details and provide updated documents on request; failure to do so may result in suspension or revocation of your Sender Name.

Sender Names and whitelisted URLs are submitted as "pending" and become usable only upon approval. Approval is granted at the discretion of us and of the mobile network operators and regulators, may take an indeterminate period, may be conditioned or revoked at any time, and is not guaranteed. We are not liable for messages that fail, are filtered, or are blocked because a Sender Name or URL is unapproved, revoked, or restricted.

Where we permit you to send through a shared or platform-provided Sender Name, you may use it only for transactional messages (such as OTPs, account notices, appointment reminders, and order or payment updates). Promotional or marketing messages must be sent under your own approved Sender Name. Messages sent through a shared Sender Name must identify your business by name in the message body. We may enforce this restriction by routing, filtering, or blocking non-transactional traffic submitted through a shared Sender Name, without liability to you.

8. Credits, Fees, Billing, and Refunds

  1. Prepaid Model. The Service operates on prepaid SMS credits. Credits must be purchased before messages can be sent.
  2. Pricing. Prices are those displayed in the Service at the time of purchase and are inclusive of Value-Added Tax (VAT) unless expressly stated otherwise. We may change prices prospectively at any time; changes do not affect credits already purchased.
  3. Payment Processing. Payments are processed by third-party processors (including PayPal). Your use of those processors is governed by their own terms. We do not store full payment card details.
  4. Deduction. Credits are deducted per message segment submitted for delivery. Messages exceeding standard segment lengths, or using non-GSM characters (including emoji and Unicode), consume multiple segments and therefore multiple credits.
  5. No Refunds. Except where refund is required by the Consumer Act of the Philippines (RA 7394) or other mandatory law, all credit purchases are final and non-refundable, and credits are non-transferable and have no cash value. Credits consumed on messages that are submitted to a network are not refundable even if the recipient does not read them, the handset is off, the number is invalid or out of service, or the message is filtered or blocked by an operator.
  6. Expiry. Unused credits may expire in accordance with the expiry period displayed at the point of purchase.
  7. Chargebacks. Initiating a chargeback or payment dispute without first contacting us in good faith constitutes a material breach and entitles us to suspend your account and forfeit remaining credits.
  8. Taxes. You are responsible for all taxes, duties, and withholding obligations arising from your use of the Service other than taxes on our net income. Where withholding tax applies, you must furnish the corresponding BIR Form 2307 within the statutory period.
  9. Disputes. Billing disputes must be raised in writing within thirty (30) days of the transaction date, failing which the transaction is deemed accepted.

9. Delivery Disclaimer

SMS delivery depends on mobile network operators, roaming partners, handset status, and other factors outside our control. We do not warrant or guarantee that any message will be delivered, will be delivered within any particular time, or will be delivered unaltered. Delivery reports, where provided, reflect information supplied by network operators and are provided on an "as is" basis. The Service must not be used as the sole channel for emergency, medical, life-safety, or other time-critical communications.

10. Third-Party Services and Integrations

The Service may integrate with third-party platforms (including payment processors, social media platforms, and analytics or AI providers). Such integrations are provided for convenience only. We do not control and are not responsible for third-party services, their availability, their terms, or their handling of data. Your use of any integration is at your own risk and subject to that third party's terms.

11. Intellectual Property

  1. Our IP. The Service, including all software, source code, designs, interfaces, logos, trademarks (including "SMS Philippines" and "Zenglobal" marks), and documentation, is and remains our exclusive property or that of our licensors, protected by the Intellectual Property Code of the Philippines (RA 8293) and international treaties.
  2. Licence to You. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service solely for your internal business purposes during the term of these Terms.
  3. Your Content. You retain ownership of the contacts, message content, and other data you submit ("Customer Data"). You grant us a worldwide, royalty-free licence to host, store, process, transmit, and display Customer Data solely to the extent necessary to provide, secure, and improve the Service and to comply with law.
  4. Feedback. Any suggestions or feedback you provide may be used by us without restriction, attribution, or compensation.

12. Suspension and Termination

  1. By You. You may stop using the Service and request account closure at any time by writing to legal_privacy@smsphilippines.com. Unused credits are forfeited on voluntary closure.
  2. By Us. We may suspend or terminate your access immediately, with or without notice, if: (a) you breach these Terms; (b) we reasonably suspect fraud, spam, or unlawful activity; (c) a network operator, regulator, or court requires it; (d) your account is inactive for twelve (12) consecutive months; or (e) continuing to provide the Service would expose us to legal or reputational risk.
  3. Effect. Upon termination, your licence ends immediately, remaining credits are forfeited (except where forfeiture is prohibited by mandatory law), and we may delete Customer Data after thirty (30) days, subject to legal retention obligations.
  4. Survival. Sections 5, 6, 8, 9, 11, 13, 14, 15, 16, 17, and 19 survive termination.

13. Disclaimers of Warranty

TO THE MAXIMUM EXTENT PERMITTED BY PHILIPPINE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or uninterrupted or error-free operation. We do not warrant that the Service will meet your requirements, that defects will be corrected, or that the Service is free of harmful components. Any AI-assisted message suggestions are generated automatically and must be reviewed by you before sending; you are solely responsible for the content you transmit. Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded under RA 7394 or the Civil Code of the Philippines.

14. Limitation of Liability

To the maximum extent permitted by law:

  1. We shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, data, or anticipated savings, however caused and under any theory of liability, even if advised of the possibility of such damages;
  2. We shall not be liable for undelivered, delayed, filtered, blocked, duplicated, or misdirected messages; for acts or omissions of network operators or other third parties; or for recipient responses or lack thereof;
  3. Our aggregate liability arising out of or relating to the Service and these Terms shall not exceed the total amount actually paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.

Nothing in this Section limits liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under Philippine law.

15. Indemnification

You agree to indemnify, defend, and hold harmless SMS Philippines, its affiliates, officers, directors, employees, agents, and suppliers from and against any and all claims, demands, actions, investigations, proceedings, damages, fines, penalties, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) the content of any message you send; (c) your breach of these Terms or of any law or regulation, including the Data Privacy Act of 2012 and NTC rules; (d) your failure to obtain or maintain valid recipient consent; (e) any third-party claim by a message recipient; or (f) your infringement of any third-party right. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification, at your expense, and you agree to cooperate fully.

16. Force Majeure

We shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, typhoons, earthquakes, floods, volcanic activity, fire, pandemic, epidemic, war, terrorism, insurrection, civil unrest, labour disputes, government or regulatory action, power or telecommunications failure, network operator outage, cyberattack, or internet disruption.

17. Governing Law and Dispute Resolution

  1. Governing Law. These Terms and any dispute arising out of or relating to them or to the Service are governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to conflict-of-law principles.
  2. Good-Faith Negotiation. The parties shall first attempt in good faith to resolve any dispute through written notice and negotiation for a period of thirty (30) days.
  3. Venue. Failing resolution, the parties irrevocably submit to the exclusive jurisdiction of the proper courts of Makati City, Metro Manila, Philippines, to the exclusion of all other venues, without prejudice to either party seeking injunctive or provisional relief in any court of competent jurisdiction.
  4. Regulatory Rights Preserved. Nothing in this Section prevents you from filing a complaint with the National Telecommunications Commission, the National Privacy Commission, or the Department of Trade and Industry.

18. Changes to the Service and to These Terms

We may modify, suspend, or discontinue any part of the Service at any time. We may amend these Terms by posting an updated version with a revised "Last Updated" date and, for material changes, by providing notice through the Service or by email at least fifteen (15) days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree, you must stop using the Service and may request closure of your account.

19. General Provisions

  1. Entire Agreement. These Terms, together with the Privacy Policy and any order or pricing page, constitute the entire agreement between the parties and supersede all prior understandings.
  2. Severability. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force.
  3. No Waiver. No failure or delay in exercising any right constitutes a waiver of that right.
  4. Assignment. You may not assign these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
  5. Relationship. Nothing creates a partnership, joint venture, agency, or employment relationship.
  6. No Third-Party Beneficiaries. Except as expressly stated, these Terms confer no rights on any third party.
  7. Notices. Notices to us must be sent to legal_privacy@smsphilippines.com. Notices to you may be sent to the email address on your account and are deemed received twenty-four (24) hours after sending.
  8. Language. These Terms are executed in English. Any translation is for convenience only; the English version prevails.
  9. Headings. Headings are for convenience only and do not affect interpretation.

20. Contact

For any question, notice, complaint, or request relating to these Terms:

Email: legal_privacy@smsphilippines.com