Terms and Conditions of Use

1. Subject and Scope

DartSMS is an SMS marketing platform that enables businesses to send commercial communications to contact lists that have given prior consent. This document governs the Customer's access to and use of the platform.

2. Registration and Access

To use DartSMS, the Customer must create an account with truthful, complete, and up-to-date information. The Customer is solely responsible for the confidentiality of their access credentials and for all actions taken on their account.

3. Sender ID and Authorization

The Customer may only use sender IDs (SMS originator names or numbers) that they own or for which they hold express written authorization from the rightful owner. Use of unauthorized sender IDs — including names or brands that could mislead recipients — constitutes grounds for immediate account suspension without refund. The Customer bears full legal and civil liability for any sender ID used on the platform, and DartSMS cannot be held liable in this regard.

4. Anti-Spam Rules

The Customer agrees not to use DartSMS to send unsolicited messages (spam). In particular, the following are expressly prohibited:

• Sending messages to contacts who have not given explicit, documented consent (opt-in).
• Purchasing, renting, or using contact lists of unknown or unverified origin.
• Sending deceptive, fraudulent, or false-identity content (spoofing).
• Exceeding agreed sending frequency or sending at inappropriate hours (e.g. between 10 PM and 9 AM).
• Ignoring opt-out requests from contacts.

5. Consent and Opt-in

The Customer is solely responsible for obtaining, recording, and maintaining proof of consent from their recipients. For each contact, consent must:

• Be freely given, specific, informed, and unambiguous, as required by GDPR (Art. 7).
• Be obtained through a positive action (unchecked checkbox, subscription form, opt-in SMS).
• Clearly identify the sender and the nature of communications to be sent.
• Be documented and available for presentation in case of audit or complaint.
• Include a simple, free revocation mechanism (opt-out) in every message sent.

DartSMS reserves the right to request evidence of consent and to suspend campaigns showing abnormally high opt-out rates or complaints.

6. Prohibited Content

It is forbidden to send through DartSMS any messages whose content includes:

• Illegal, discriminatory, defamatory, obscene, or third-party rights-infringing material.
• Promotion of illegal substances, unlicensed gambling, or fraudulent activities.
• Phishing, malware, or any form of cyberattack.
• Content that infringes copyright, trademarks, or other intellectual property rights.

7. Limitation of Liability

To the maximum extent permitted by applicable law:

• DartSMS is not liable for indirect damages, lost profits, data loss, or reputational harm arising from the use (or inability to use) the service.
• DartSMS's total liability to the Customer is limited to the amount paid in the three (3) months preceding the event giving rise to the damage.
• DartSMS does not guarantee 100% message delivery, as delivery depends on third-party telecommunications operators outside the platform's direct control.
• The Customer is solely responsible for the legal compliance of their campaigns with data protection, electronic communications, and commercial practice legislation.
• The platform is provided 'as is' and DartSMS does not guarantee uninterrupted, error-free service.
• SMS delivery depends on third-party telecommunications operators and SMS gateway providers outside DartSMS's direct control; DartSMS cannot be held liable for delivery failures caused by those parties.

8. Termination

DartSMS may suspend or close the Customer's account, with or without prior notice, in case of breach of these Terms. DartSMS may also preventively suspend the service if it detects potential legal violations or abnormal usage patterns, and will communicate this decision to the Customer. The Customer may cancel their account at any time via the platform settings. Termination does not entitle the Customer to a refund of unused credits, except where required by law.

9. DartSMS Rights

DartSMS reserves the right to: (i) update these Terms at any time, with changes taking effect upon publication on the platform; (ii) access the content of messages sent by the Customer solely for legal compliance verification purposes, without modifying such content; and (iii) send service-related communications to Customers regarding the platform, including notifications of new features, maintenance, and policy changes.

10. Governing Law and Dispute Resolution

These Terms are governed by Portuguese law. Any disputes arising shall be submitted to the judicial courts of Lisbon, without prejudice to the customer's right to resort to alternative dispute resolution mechanisms (e.g. CNIACC). For data protection matters, the competent supervisory authority is the CNPD.