1. Acceptance of Terms
These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("Customer", "User", "you") and SharkSMS ("SharkSMS", "we", "us", "our") regarding your access to and use of the website at sharksms.com, the web console, Android gateway applications, REST APIs, and related messaging software services.
By creating an account, accessing our portal, connecting an Android gateway device, or making requests to our APIs, you explicitly acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must discontinue use of SharkSMS immediately.
2. Platform & Gateway Description
SharkSMS provides an enterprise-grade cloud coordination and software orchestration platform that enables businesses to connect their own Android devices, SIM cards, and WhatsApp instances to automate outbound and inbound text communications.
Key platform capabilities include:
- Android Hardware Gateway Pairing: Turning compatible cellular devices into local SMS/MMS dispatch gateways.
- Developer REST API & Webhooks: Programmatic endpoints for sending messages, querying delivery receipts, and receiving incoming message events.
- Campaign Management: Contact list segmentation, CSV/Excel import tools, scheduled dispatches, and template management.
- WhatsApp Cloud/QR Automation: Session management and automated responses for customer engagement.
3. Account Registration & Security
To use our services, you must register for an account. You agree to:
- Provide accurate, current, and complete registration information.
- Maintain the confidentiality of your account credentials, passwords, and API authentication tokens.
- Promptly notify SharkSMS at contact@sharksms.com if you discover any unauthorized access or security breach.
- Accept responsibility for all activities and API dispatches initiated under your account credentials.
You must be at least 18 years of age or possess valid corporate authority to bind an organization to these Terms.
4. Anti-Spam Policy & Telecommunications Compliance
SharkSMS maintains a strict, zero-tolerance policy against unsolicited text messages (spam). You are solely responsible for ensuring that all messaging campaigns dispatched through your account comply with all applicable telecommunications, privacy, and consumer protection laws in the jurisdictions where you and your recipients reside.
Applicable standards include, without limitation: the Telephone Consumer Protection Act (TCPA) and CTIA Messaging Principles (United States), CAN-SPAM Act, General Data Protection Regulation (GDPR) (European Union & UK), Canadian Anti-Spam Legislation (CASL), and national telecommunications regulations.
Mandatory Compliance Obligations:
- Prior Express Written Consent: You must obtain valid, documented opt-in consent from every recipient before sending marketing, promotional, or notification messages.
- Clear Identification: Every message must clearly identify your business or organization as the sender.
- Automated Opt-Out: You must honor standard opt-out keywords (including
STOP,UNSUBSCRIBE,CANCEL,END,QUIT) immediately and cease sending further messages to unsubscribed numbers. - Prohibited Content: You may not use SharkSMS to transmit content related to illegal drugs, unauthorized pharmaceuticals, unlicensed gambling, predatory lending, phishing, malware distribution, hate speech, harassment, or deceptive financial schemes.
5. Android SIM Gateways & Carrier Relationships
When using the SharkSMS Android Gateway Application:
- Direct Carrier Agreement: You acknowledge that SMS messages sent via your Android gateway are transmitted through the cellular SIM card and wireless carrier plan associated with your device. SharkSMS is an orchestration software provider and is not a mobile network operator.
- Carrier Fair Use Policies (FUP): You are solely responsible for complying with your mobile carrier's terms of service, acceptable use policies, and daily/monthly transmission quotas.
- Carrier Charges: You remain solely liable for all voice, data, roaming, and SMS charges billed by your wireless service provider.
- Device Maintenance: You are responsible for device battery health, charging, operating system permissions (including battery optimization exemptions), and internet connectivity required to maintain gateway synchronization.
6. WhatsApp Business & Meta Policy Adherence
When utilizing WhatsApp automation and QR gateway modules, you agree to comply with Meta's WhatsApp Business Terms of Service and WhatsApp Commerce Policy. You agree not to engage in bulk spamming or unprompted cold messaging that could result in phone number suspension by Meta.
7. Pricing, Subscriptions & Billing
SharkSMS offers flat-rate monthly and annual subscription tiers. Pricing details are published on our Pricing Page.
- Zero Per-Message Markups: SharkSMS does not charge per-SMS aggregator surcharges for messages dispatched through your own paired hardware gateways.
- Recurring Billing: Subscriptions renew automatically at the end of each billing cycle unless cancelled prior to the renewal date via the dashboard.
- Cancellation: You may cancel your subscription at any time. Upon cancellation, your access continues until the end of the paid billing period.
8. Intellectual Property & Data Ownership
SharkSMS and its licensors retain all intellectual property rights, titles, and interests in the SharkSMS software, user interface, source code, logos, and trademarks. You are granted a limited, non-exclusive, non-transferable license to access and use the platform during your active subscription.
Your Data: You retain complete ownership of your subscriber lists, customer contacts, message copy, and business information imported into SharkSMS. We do not sell, rent, or monetize your contact lists or message content.
9. Warranties & Limitation of Liability
SharkSMS is provided on an "AS IS" and "AS AVAILABLE" basis. While we maintain a 99.9% platform availability target, we do not warrant that service will be uninterrupted, error-free, or that cellular carriers will deliver every message without carrier-side filtering.
To the maximum extent permitted by law, SharkSMS and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, carrier SIM suspensions, or business interruption arising out of your use of the platform.
10. Termination & Governing Law
SharkSMS reserves the right to suspend or terminate accounts that violate this Agreement, engage in illegal spamming, or pose a security risk to the infrastructure, with or without prior notice.
These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved in competent courts.
For legal inquiries, compliance notices, or service questions, please contact our team at contact@sharksms.com.