Terms of Service

These Terms of Service ("Terms") constitute a binding agreement between you ("Customer," "you") and Dimaiat OÜ, a company registered in the Republic of Estonia under registry code 16541442, with its registered address at Anne tn 83-6, 50705 Tartu linn, Tartu maakond, Estonia, operating under the trade name Textmodo ("Textmodo," "we," "us"). By accessing or using any Textmodo service, API, website, or documentation, you agree to be bound by these Terms in full. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you lack such authority, or if you do not agree with these Terms, you must not use the Services. We may update these Terms from time to time. When we do, we will revise the "Effective" date above and notify you by email or through the dashboard at least 30 days before material changes take effect. Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the changes.

"Services" means the Textmodo platform, APIs, SDKs, dashboards, documentation, and any related tools or features we make available to you, including Text Marketing and User Verification products. "Text Marketing" refers to our bulk SMS messaging service, which allows you to send promotional, transactional, or informational messages to end users. "User Verification" refers to our SMS-based one-time password (OTP) and two-factor authentication (2FA) service. "API Key" means the unique credential issued to your account that authenticates your requests to the Textmodo API. "End User" means any individual who receives an SMS message sent through the Services. "Customer Data" means any data, content, or information you submit to or transmit through the Services, including phone numbers, message content, and metadata. "Applicable Law" means all laws, regulations, and industry standards applicable to the use of the Services, including but not limited to the General Data Protection Regulation (EU 2016/679), the Estonian Electronic Communications Act, and any local telecommunications regulations in the jurisdictions where messages are delivered.

Textmodo provides cloud-based SMS communication APIs. Through our platform, you can integrate programmable SMS capabilities into your applications, systems, and workflows. We currently offer two core products: Text Marketing for sending SMS campaigns at scale, and User Verification for delivering OTP codes and enabling 2FA flows. We deliver messages through our network of carrier partners and aggregators. While we work to maintain high delivery rates, we do not guarantee that every message will be delivered. Message delivery depends on factors outside our control, including carrier routing, recipient device status, network congestion, and local regulations. We will make commercially reasonable efforts to deliver messages promptly, but delivery times are estimates, not guarantees. We may modify, discontinue, or add features to the Services at any time. If we discontinue a core product, we will give you at least 90 days' notice. We also reserve the right to impose or adjust rate limits, throughput caps, or other technical constraints to protect the stability of the platform.

To use the Services, you must create an account and provide accurate, complete information. You are responsible for keeping your account details current. If any information changes, update it promptly through the dashboard or by contacting us. Your API Key is confidential. You are solely responsible for all activity that occurs under your account, whether or not you authorized it. Do not share your API Key with third parties. If you suspect unauthorized access, notify us immediately at contact@textmodo.com and rotate your key through the dashboard. We reserve the right to refuse registration, suspend, or terminate any account at our discretion, particularly where we have reason to believe the account is being used in violation of these Terms or Applicable Law.

The Services are billed on a usage basis. Current pricing is published on our website at textmodo.com/pricing and may vary by message type, destination country, and volume. You agree to pay all fees incurred under your account according to the pricing in effect at the time of usage. We bill monthly in arrears unless otherwise agreed in a separate written agreement. Payments are due within 14 days of the invoice date. All fees are stated in euros (EUR) and are exclusive of VAT and other applicable taxes, which will be added where required by law. As an Estonian company, we apply EU VAT rules — business customers within the EU with a valid VAT number may be eligible for reverse charge treatment. If payment is overdue by more than 14 days, we may suspend your access to the Services until the outstanding balance is settled. We charge interest on overdue amounts at the rate permitted under the Estonian Law of Obligations Act (currently the ECB refinancing rate plus 8 percentage points per annum). We reserve the right to adjust pricing with 30 days' written notice. Continued use of the Services after a price change takes effect constitutes acceptance of the new pricing.

You agree to use the Services only for lawful purposes and in compliance with all Applicable Law. You are responsible for obtaining all necessary consents from End Users before sending them messages, including but not limited to opt-in consent required under GDPR, the ePrivacy Directive, and any local telecommunications regulations. You must not use the Services to: (a) send unsolicited messages or spam; (b) transmit content that is fraudulent, deceptive, threatening, defamatory, obscene, or otherwise unlawful; (c) send messages to numbers on do-not-call or do-not-contact registries without proper exemptions; (d) engage in phishing, smishing, or any form of social engineering; (e) interfere with or disrupt the Services or their infrastructure; (f) reverse-engineer, decompile, or attempt to extract the source code of the Services; (g) resell or redistribute the Services without our prior written consent; or (h) use the Services in any manner that could damage Textmodo's reputation or relationships with carrier partners. We monitor for abuse and reserve the right to inspect message traffic patterns (though not message content, except where required by law or where abuse is suspected). If we determine that you have violated this section, we may suspend or terminate your account immediately without prior notice and report the activity to the relevant authorities.

Textmodo and its licensors own all rights, title, and interest in the Services, including all software, APIs, documentation, trademarks, and other intellectual property. These Terms do not grant you any ownership rights in the Services. You receive a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms for the duration of the agreement. You retain all rights to your Customer Data. By using the Services, you grant us a limited license to process your Customer Data solely as necessary to provide, maintain, and improve the Services and as described in our Privacy Policy. Feedback, suggestions, or ideas you voluntarily provide about the Services may be used by us without obligation to you. We are not required to implement any feedback, and any feedback you provide becomes our property.

We process personal data in accordance with the General Data Protection Regulation (EU 2016/679) and the Estonian Personal Data Protection Act. Our Privacy Policy, available at textmodo.com/privacy, describes how we collect, use, and protect personal data. The Privacy Policy is incorporated into these Terms by reference. When you use the Services to send messages to End Users, you act as the data controller and Textmodo acts as the data processor with respect to any personal data contained in those messages (such as phone numbers and message content). We will enter into a Data Processing Agreement (DPA) with you upon request, setting out the specific terms of our processing activities, sub-processors, and security measures. We store data within the European Economic Area. Customer Data is retained for the minimum period necessary to provide the Services and comply with legal obligations. Message content is typically purged within 30 days of delivery, though metadata (timestamps, delivery status, destination country) may be retained longer for billing and analytics purposes. You may request deletion of your account and associated data at any time by contacting contact@textmodo.com, subject to our legal retention obligations.

We will provide the Services with reasonable care and skill, consistent with generally accepted industry standards. We maintain commercially reasonable security measures and aim for high availability, but we do not warrant uninterrupted or error-free operation. Except as expressly stated in these Terms, the Services are provided "as is" and "as available." To the maximum extent permitted by Applicable Law, Textmodo disclaims all other warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that messages will be delivered to every recipient or within any specific timeframe. Carrier networks, local regulations, and recipient device conditions are outside our control. We are not responsible for any actions taken by carriers that affect message delivery, including filtering, blocking, or rate-limiting.

To the maximum extent permitted under Estonian and EU law, Textmodo's total aggregate liability to you for all claims arising out of or related to these Terms or the Services, whether in contract, tort (including negligence), or otherwise, will not exceed the total fees you paid to Textmodo during the 12 months immediately preceding the event giving rise to the claim. In no event will Textmodo be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, business opportunities, or goodwill, regardless of whether such damages were foreseeable and whether or not Textmodo was advised of the possibility of such damages. These limitations apply to the fullest extent permitted by law but do not exclude liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited under Applicable Law, including mandatory consumer protection provisions of EU law.

You may stop using the Services and close your account at any time by contacting us at contact@textmodo.com or through the dashboard. Termination does not relieve you of the obligation to pay any outstanding fees. We may suspend or terminate your account immediately if: (a) you breach these Terms; (b) you fail to pay fees when due; (c) we are required to do so by law or a regulatory authority; or (d) we reasonably believe your use of the Services poses a risk to our platform, our carrier relationships, or third parties. Where practicable and not prohibited by law, we will provide notice before termination. Upon termination, your right to access the Services ceases immediately. We will delete your Customer Data within 90 days of termination, except where retention is required by law. Sections of these Terms that by their nature should survive termination will survive, including Sections 5, 7, 8, 9, 10, and 12.

These Terms are governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any disputes arising out of or in connection with these Terms will be submitted to the exclusive jurisdiction of the courts of Harju County, Estonia. Notwithstanding the foregoing, if you are a consumer within the meaning of EU law, you retain the right to bring proceedings in the courts of your country of residence, and nothing in these Terms affects your statutory rights as a consumer under EU consumer protection law. Before initiating formal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation for a period of at least 30 days from the date one party notifies the other of the dispute in writing.

If you have questions about these Terms, your account, or the Services, contact us at: Dimaiat OÜ (Textmodo) Anne tn 83-6, 50705 Tartu linn Tartu maakond, Estonia Registry code: 16541442 Email: contact@textmodo.com We aim to respond to all inquiries within 3 business days.