Terms of Use

This document details the terms and conditions for use of the biteSMS service ("Service"). For end user licensing of the biteSMS software rather than the Service, please refer to the End User License Agreement instead.

By using the Service you agree to be bound by these terms, which shall take effect immediately upon your first use of the Service. If you do not agree to be bound by all of the following terms please do not use the Service.

We shall have the right, at our sole discretion, to modify, add or remove any terms or conditions without notice or liability to you. Any changes to these shall be effective immediately following the posting of such changes on our website. You agree to review these terms of use from time to time and agree that any subsequent use by you of the Service following changes shall constitute your acceptance of all such changes.

SMS Credits

The cost you pay for credits differ depending upon your chosen currency for payment. Once you buy credits you will only pay the then specified rate per each standard SMS message sent under that credit purchase.

When you buy credits our rates will always be clearly shown in your nominated payment currency.

When you purchase biteSMS credits, they are valid for 12 months, after which time they expire.

If the cost to us for delivery of an SMS message to a particular destination country becomes more than what we charge you, we reserve the right to increase the number of credits required for these destinations. However, we'll give you a minimum of 2-weeks notice of such change via a notice posted on the rates page on our website.

SMS Delivery

Due to the nature of the SMS delivery protocol in general, we cannot guarantee that messages sent via the biteSMS network will arrive at their designated destination. If you experience such problems, please let us know, so we can improve our service, by contacting .

When you choose to send an SMS message via biteSMS, it uses your Internet data connection (WiFi/EDGE/3G) to transmit the message. Usually, using this Internet data connection doesn't incur additional charges. However, some providers do charge you for data usage (depending upon your plan, limits, etc). As an indication, one MB is enough to send around 1,000 biteSMS messages (depending on the text size).

User Responsibilities

You agree to use the Service only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Service. Prohibited behavior includes harassing, threatening, menacing or causing distress or inconvenience to any person, and the transmission of obscene or offensive content.

Intellectual Property

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in association with the Service, including the website shall remain vested with us. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use this content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from the content except for your own personal, non-commercial use.

Limitations of liability

Whilst we endeavor to ensure that information associated with the Service including the website, is correct, we do not warrant its completeness or accuracy; or that the material is kept up-to-date.

We do not warrant that the Service or website will be error-free or uninterrupted.

We will not be liable for any loss of income, business or profits, for any loss or corruption of data, failure to deliver any message, or for any consequential loss sustained and arising out of or in connection with your use of the Service.

We will not be liable to you if we cannot carry out our obligations, or provide Service, because of an event beyond our reasonable control including, but not limited to, an explosion, natural disaster, earthquake, war or act of God.

Indemnity

You agree to indemnify us, our employees and officers against all loss, damage, liability and expenses incurred by us or them as a result of or in relation to any claim made or legal proceedings including (without limitation) claims for breach of copyright, breach of confidence, defamation, theft, and/or obscenity brought against us or them in relation to use of the Service by you or any other person using the Service.

References to Other Sites

References to other websites are provided as an information service and should not be construed as an endorsement. We do not accept any responsibility for unsuitable or inaccurate material that may be encountered.