Welcome to SneakSMS


SneakSMS Terms of Service


  • DEFINITIONS::
    • "Advertising" means any advertising and sponsorship displayed on the Messages.
      "Customer Content" means all information, advertising, editorial and any other content created by the customer, its employees, contractors or agents for use on the pages.
      "HLR" means Home Location Register lookup and query services.
      "Fees" means the fees paid for the services.
      "Us/we/our" means SneakSMS, including without limitation its site, services and staff.
      "SneakSMS Content" means all information, graphics, artwork, and other content created by SneakSMS, its employees, contractors or agents for use on the SneakSMS Site. This excludes any content provided by the customer.
      "services" means products, software, services, websites, telecommunications, HLR and messaging services as provided to the Customer by SneakSMS.
      "SMS" and "Messages" means short message service, i.e. concise messages containing personalized or specialized content, or other information, sent directly to/from cellular phones, pagers, or other mobile devices using the SneakSMS Service.
      "Software" means SneakSMS software and services as supplied to the Customer to facilitate the provision of the services.

  • 1. Your relationship with SneakSMS
    • 1.1 Your use of SneakSMS's products, software, services and web sites (referred to collectively as the "services" in this document is subject to the terms of a legal agreement between you and SneakSMS. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
      1.2 These Terms of Service form a legally binding agreement between you and SneakSMS in relation to your use of the services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms". Note that terms are subject to change, and by continuing to use the service, you agree that you have reviewed them and agree to all changes.

  • 2. Accepting the Terms
    • 2.1 In order to use the services, you must firstly agree to the Terms. You may not use the services if you do not accept the Terms.
      2.2 You can accept the Terms by:
      2.2.1 clicking to accept or agree to the Terms, where this option is made available to you by SneakSMS in the user interface for any Service; or
      2.2.2 by actually using the services. In this case, you understand and agree that SneakSMS will treat your use of the services as acceptance of the Terms from that point onwards.
      2.3 You may not use the services and may not accept the Terms if (a) you are not of legal age to form a binding contract with SneakSMS, or (b) you are a person barred from receiving the services under the laws of England and Wales or other countries including the country in which you are resident or from which you use the services.

  • 3. Obligations of SneakSMS
    • 3.1 Service. SneakSMS shall operate the infrastructure for use by the customer, subject to the terms and conditions of this Agreement.
      3.2 Service Level. SneakSMS will terminate messages to mobile terminals as fast as commercially possible as soon as the handsets of such users are ready to receive the messages. However, due to factors beyond our control, SneakSMS does not guarantee latency nor final delivery to the mobile terminal. If messages sent by the Customer cannot be delivered to the intended Users they will be stored for a maximum of 24 hours after which time they may be deleted. SneakSMS is only responsible for the delivery of messages to the recipient mobile network. SneakSMS is not responsible for delayed or failed delivery if the recipient network blocks or delays the message.
      3.3 No Warranty SneakSMS services ("services") are provided "as is" and SneakSMS and its suppliers expressly disclaim any representation or warranty regarding the performance, availability, functionality or any other aspect of said services. SneakSMS and its suppliers make no warranty that the use of services will be uninterrupted, timely, secure, or error-free; nor do SneakSMS or its suppliers make any warranty as to the results that may be obtained from use of the services.
      3.4 Support services. Any service interruption / breakdown experienced by the customer shall be reported immediately to SneakSMS through the support system to enable SneakSMS to take reasonable steps to assist and co-operate with customer, wherever possible, in restoring such technical faults. SneakSMS will be responsible only for elements that are in its direct control and will try to solve the problem and restore service as quickly as possible. Once a fault is noticed or reported, the customer will not continue to use the service until it is reported resolved by SneakSMS. If the customer continues to use the service, they do so fully at their own risk and no refund will be provided for service failure during such time.
      3.5 Network Reach. SneakSMS maintains at all times a current list of mobile operators being covered. SneakSMS reserves the right to alter the list adding or deleting operators, as appropriate. While SneakSMS will cover as many mobile operators as commercially practical, SneakSMS does not undertake, represent or warrant that any particular mobile operator will continue to be reachable by SneakSMS at any time in the future.
      3.6 Maintanence. SneakSMS, from time to time, may be unavailable for periods under which it is maintaining any of its systems. Of particular notice, server migrations can cause extended downtime. While SneakSMS guarantees that such moves will be completed as quickly as economically viable, such downtimes cannot be compensated for.

  • 4. OBLIGATIONS OF CUSTOMER
    • 4.1 Message Content. Customer shall be solely responsible for the content of the messages (including any applicable Advertising content), scheduling and management of all messages, and SneakSMS shall have no liability or responsibility with respect thereto. Customer undertakes to do everything necessary so that the content of the messages do not harm the image of SneakSMS. In this regard, Customer undertakes notably to avoid any risk of confusion between itself, SneakSMS, and mobile operators. Customer undertakes to identify itself within the content or alphanumeric sender of each SMS message. Customer shall indemnify SneakSMS against all losses, claims, costs, expenses and liabilities which SneakSMS may suffer as a result of the content of any messages or the use of the SneakSMS services by customer for any unlawful or abusive purpose. SneakSMS reserves the right to filter and refuse messages from customers that contain objectionable content, and to refuse to deliver messages intended for receipt by mobile users who have requested SneakSMS not to send any messages to their mobile device.
      4.2 Anonymous SMS. If the customer decides to use SneakSMS anonymous SMS facility, the customer agrees to fully abide to the seperate anonymous SMS rules located here: http://www.sneaksms.com/anonymous_rules.php.
      4.3 The customer agrees not to use SneakSMS in connection with pyramid schemes, chain letters, fraud, spamming, or any unsolicited messages (commercial or otherwise).
      4.4 The customer agrees to cease sending SMS messages to any person who requests to not receive any messages.
      4.5 The customer agrees to not use SneakSMS services to defame, abuse, harass, stalk, threaten, intimidate or otherwise violate the legal rights of others. Hatred against any country, race, or religion is strictly prohibited.

  • 5. MESSAGE CONTENT
    • 5.1 Filtering. The customer agrees that SneakSMS may filter, adapt, or block any message from being sent that could break any of the SneakSMS terms including those containted within the Anonymous SMS rules. SneakSMS uses automatic security systems to prevent certain messages being sent that could breach SneakSMS terms. The customer agrees that the use certain keywords may result in their account being immediately terminated by the security software. SneakSMS will review all automated account closures, and will endevour to reactivate any account that SneakSMS believes was not in breach of its terms.
      5.2 The customer agrees to provide a valid sender ID for each message they send. In case no sender ID is used by the customer, a default Sender ID may be automatically inserted by either SneakSMS, or its service providers. This default sender ID will vary according to the path taken by the SMS.

  • 6. FINANCIAL ARRANGEMENT
    • 6.1 Fees. The customer agrees that the fee SneakSMS charges for providing its service shall be deducted at the time of use. The fee will be displayed on the page relating to the service. Fees are subject to change, but where possible SneakSMS will ensure that any changes to the fee structure will only apply from the next time the customer credits their account.
      6.2 Prepayment. Customer agrees to pre-pay SneakSMS for services and acknowledges and agrees that SneakSMS shall only be obliged to provide services under this agreement to the extent that is has been paid in advance. SneakSMS shall provide customer with said services upon receipt of funds via Paypal, or Nochex (UK only). The Prepaid Amount will constitute a credit to customer and shall be applied against all Fees.
      6.3 Credit will be valid only for 120 days from date of payment to SneakSMS, upon which it will expire. The customer will be offered the chance to purchase the amount of credit that expired back for a nominal reactivation fee. This offer will remain valid for at least a further 120 days. Beyond this time the customer agrees that the credit is now null and void.
      6.4 Any kind of payment dispute, including but not limited to chargebacks, unauthorised access claims, or not as described claims, initiated by the customer will result in immediate termination of the customer's account and all credit remaining will be forfeited.

  • 7. INTELLECTUAL PROPERTY AND TECHNOLOGY
    • 7.1 SneakSMS's Intellectual Property. Customer acknowledges and agrees that SneakSMS owns all rights, titles and interests in and to all intellectual property associated with the SneakSMS services, including without limitation the SneakSMS Site, the SneakSMS Brand and the SneakSMS Content and each underlying source code and object code.
      7.2 Customer's Intellectual Property. SneakSMS acknowledges that message content sent by customers will remain the intellectual property of the customer.

  • 8. SOFTWARE UPDATES
    • 8.1 The Software which you use may automatically download and install updates from time to time from SneakSMS. These updates are designed to improve, enhance and further develop the services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit SneakSMS to deliver these to you) as part of your use of the services.

  • 9. ENDING YOUR RELATIONSHIP WITH SNEAKSMS
    • 9.1 The terms will continue to apply until terminated by either you or SneakSMS as set out below.
      9.2 If you want to terminate your legal agreement with SneakSMS, you may do so by (a) notifying SneakSMS at any time and (b) closing your accounts for all of the services which you use, where SneakSMS has made this option available to you. Your notice should be sent, by support ticket, to SneakSMS.
      9.3 SneakSMS may at any time, terminate its legal agreement with you if:
      (A) you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the terms); or
      (B) SneakSMS is required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful); or
      (C) the partner with whom SneakSMS offered the services to you has terminated its relationship with SneakSMS or ceased to offer the services to you; or
      (D) SneakSMS is transitioning to no longer providing the services to users in the country in which you are resident or from which you use the service; or
      (E) the provision of the services to you by SneakSMS is, in SneakSMS's opinion, no longer commercially viable.
      9.4 SneakSMS will not justify the reason for any account closure, other than at SneakSMS's discretion.

  • 10. REFUNDS
    • 10.1 SneakSMS cannot offer refunds of credit held on account with the exception that SneakSMS may at its discretion provide a refund to a customer where message delivery failed directly as a result of our site or service. Refunds will, under no circumstance, be offered where a fault is outside the control of SneakSMS. No cash refund will be provided. Any refund will be given by returning used credits to the customer's account - the amount of which will not exceed the amount deducted for the service used in that one instance.
      10.2 Refunds will not be provided under any circumstance if any of SneakSMS's terms or service have been broken.
      10.3 Refunds will not be provided for messages that have been blocked by SneakSMS due to a breach of its terms.

  • 11. LIMITATION OF LIABILITY
    • 11.1 The services are provided "as is" and SneakSMS, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them.
      11.2 In particular and so far as allowed by law, SneakSMS, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that:
      (A) your use of the services will meet your requirements,
      (B) your use of the services will be uninterrupted, timely, secure or free from error,
      (C) any information obtained by you as a result of your use of the services will be accurate or reliable, and
      (D) that defects in the operation or functionality of the SneakSMS software provided to you as part of the services will be corrected.
      11.3 SneakSMS is not liable for any message sent by any customer. The customer assumes full responsibility for any message sent from their account, and for any legal action taken against them.
      11.4 The customer agrees to pay any legal costs associated with any message sent from their account.

  • 12. COMPATIBILITY
    • 12.1 SneakSMS does not guarantee that all of its services will be compatible with every network listed in our coverage documentation. Individual networks may take steps to prevent non-mobile originated messages from reaching their users, or may not have the technology in place to accept messages from SneakSMS. SneakSMS is not responsible for such incompatibilities.
    • 12.2 Messages sent from SneakSMS must use only ASCII characters. We cannot accept responsiblity for issues with SMS sent that contain non-ASCII characters.


  • 13. MISCELLANEOUS
    • 13.1 The customer agrees that any information submitted to SneakSMS can be submitted to any third party when required to by law. SneakSMS will not release any personal information unless required to by law.
      13.2 The customer must ensure that any service provided by SneakSMS is legal in both their country, and any country that SMS messages are sent to from the customer's account.
      15.3 The customer agrees that any message sent from their account is deemed to be the responsibility of the account holder.