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Terms of Service

Effective 1 December 2026Version 1.0

The essentials

  • GetSMS is for professionals only (companies, associations, self-employed entrepreneurs).
  • The sandbox is free; live sending requires verification of your company and prepaid credits.
  • Each SMS is debited when the API accepts it, and credited back automatically if it fails or expires.
  • Your credits do not expire; they are not refundable in cash, except in the cases listed under "Credits, prices and payment".
  • You are responsible for the content of your messages and for your recipients' consent.

This is a translation. The French version prevails in case of discrepancy.

Purpose

These terms of service (the “Terms”) govern access to and use of the GetSMS platform: the getsms.tech website, the app.getsms.tech dashboard, the api.getsms.tech API, its documentation and related tools, including the MCP server (together, the “Service”).

The Service is published by GetSMS, a company incorporated in Morocco whose registered office is at Technopark, Casablanca (“GetSMS”). Its full legal details are given in the Legal notice.

The Service is intended exclusively for professionals acting in the course of their business. It is not offered to consumers within the meaning of Law No. 31-08 on consumer protection; the provisions of that law specific to consumer contracts therefore do not apply to the relationship between GetSMS and its customers, subject to mandatory rules.

By creating an account or using the Service, the Customer accepts the Terms and the documents they refer to: the Acceptable Use Policy, the Privacy Policy, the Data Processing Agreement, the Service Level Agreement and the Cookie Policy. This electronic acceptance has the same value as a handwritten signature, in accordance with Law No. 53-05 on the electronic exchange of legal data.

Definitions

  • Customer: the legal entity or professional that creates an organisation on the Service.
  • Organisation: the Customer’s space on the Service, which holds its members, API keys, messages, credits and invoices.
  • Member: an individual invited into the Organisation with a role (owner, admin, developer, billing, viewer).
  • API key: a secret identifier used to call the API. A test key (sk_test_…) only acts in the sandbox; a live key (uk_…) sends real SMS.
  • Sandbox: a test environment where sending is simulated.
  • Recipient: the person to whom the Customer sends an SMS or from whom it receives a reply.
  • Segment: the billing unit of an SMS. A GSM-7 message holds 160 characters in one segment, then 153 per segment; a message containing a non-GSM-7 character (Arabic, emoji, some accented letters) holds 70 characters, then 67.
  • Credits: the prepaid amount, in dirhams, held in the Organisation’s wallet and consumed by sending.
  • Number fleet: the phones and business SIM cards operated by GetSMS on Moroccan mobile networks, from which SMS are sent.

Account and verification

To open an account, the Customer provides a valid e-mail address and accurate information, and keeps it up to date.

Before any live sending to recipients of its choice, the Organisation must be verified. The Customer provides in particular its trade register extract, ICE, tax identifier and an identity document of its legal representative (or its self-employed entrepreneur card), and describes its intended use (message categories, volumes, real examples, proof of consent for marketing). GetSMS may request any additional document and may refuse or withdraw a verification by reasoned decision.

Before verification, the Organisation has a limited trial: unlimited sandbox use, and a small number of free real SMS, sent only to the Customer’s own numbers that it has verified.

The Customer is responsible for access to its account: it protects its credentials and API keys, assigns roles carefully and enables two-factor authentication where required (owner and admins). Any action performed with its credentials or keys is deemed to be performed by it. An API key is displayed only once; if it leaks, the Customer revokes it without delay from the dashboard and notifies GetSMS.

Sandbox

Test keys give access to a free sandbox: the API validates requests as in production, then simulates sending, statuses and some replies. No SMS is sent and no credit is debited. Webhooks are sent as in production.

The sandbox is for development and testing. It is provided as is, without any availability commitment, and may be limited in case of abuse.

Credits, prices and payment

Prepayment. The Service is prepaid. The Customer buys credit packs in Moroccan dirhams (MAD) from the dashboard. Pack prices and the applicable price per SMS are shown on the website and in the dashboard, excluding tax; VAT at the statutory rate (20% at the date of these Terms) is added.

Payment. The Customer pays by bank card, on the 3-D Secure page of the Centre Monétique Interbancaire (CMI), or by bank transfer. GetSMS neither receives nor stores card numbers. Credits are added as soon as the bank confirms the payment or, for a transfer, as soon as GetSMS records its receipt.

Invoices. Each payment gives rise to an electronic invoice numbered without gaps (format FA-YYYY-NNNNNN), stating in particular the Customer’s company name, address and ICE as recorded in its verification file. An issued invoice is never modified; an error is corrected by a credit note.

Debit. Each SMS is debited, per segment, when the API accepts it. A bulk send is accepted only if the balance covers all of its messages. If the balance is insufficient, the send is refused and nothing is debited.

Refund of unsent SMS. A message that fails before being handed to the mobile network (status failed) or expires without being sent (status expired) is credited back automatically, once. A message handed to the mobile network is due, even if the operator does not deliver it to the recipient’s phone (phone switched off, number does not exist, operator filtering).

Credit validity. Credits do not expire while the account is open.

Unused credits. Credits cannot be converted into cash and are not refunded, except in the following cases, where GetSMS refunds by bank transfer the amount paid for the remaining credits:

  • termination by GetSMS without fault on the Customer’s part;
  • the Customer’s refusal of a change to the Terms or prices that is unfavourable to it, if it terminates within the period set out under “Changes to the Terms”;
  • permanent discontinuation of the Service.

Free trial SMS, credits granted under the Service Level Agreement and promotional credits are never refunded.

Price changes. GetSMS may change its prices for the future. Credits already purchased continue to be consumed at the price applicable when they were purchased.

Numbers and routing

SMS are sent from the GetSMS number fleet. GetSMS chooses the sending number; a given recipient normally always receives the Customer’s messages from the same number. The Customer acquires no rights in these numbers, which may be replaced at any time (failure, SIM renewal, operator requirement).

Recipients can reply. Replies received on a fleet number are attached to the Organisation that wrote to that recipient and are delivered to it in the dashboard and by webhook.

Alphanumeric sender names are not offered yet. When they are, their use will be subject to prior validation and specific terms.

Delivery of an SMS to the recipient’s phone depends on mobile operators and the state of the phone. GetSMS guarantees neither delivery nor delivery time; the statuses reported reflect the information available.

GetSMS applies sending limits (per minute, per day, lower during the first weeks of an account) and content checks to protect recipients and the fleet. A message may be refused or blocked under the Acceptable Use Policy.

Acceptable use

The Customer uses the Service lawfully and in accordance with the Acceptable Use Policy, which forms part of the Terms. It is solely responsible for the content of its messages, the choice of its recipients and evidence of their consent where required.

Personal data

For its account data, GetSMS acts as controller, under the Privacy Policy. For message numbers and content, GetSMS acts as processor on behalf of the Customer, under the Data Processing Agreement, which forms part of the Terms.

Availability and support

GetSMS uses reasonable efforts to keep the API available. Quantified commitments, their exclusions and compensation are set out in the Service Level Agreement. Service status is published at status.getsms.tech.

Support is provided by e-mail at support@getsms.tech, in French, on business days and hours.

Intellectual property

GetSMS retains all rights in the Service, its software, documentation, trademarks and content. It grants the Customer, for the term of the contract, a non-exclusive, non-transferable right to use the Service for its business needs. The Customer may reuse the code examples from the documentation in its own applications.

The Customer retains all rights in its content (messages, contact lists). It grants GetSMS the right to process it only to the extent necessary to provide the Service.

The Customer shall not resell the Service under its own brand without written consent, attempt to circumvent its limits or security measures, or extract its code except as permitted by law.

Liability

GetSMS has an obligation of means (best efforts). It is not liable for:

  • the content of messages, the choice of recipients and the Customer’s use of the Service;
  • non-delivery or delay of a message attributable to mobile operators, the recipient’s phone or force majeure;
  • the consequences of any use of the Customer’s credentials or API keys;
  • the unavailability or errors of the Customer’s systems, including its webhook server.

GetSMS’s liability is limited to direct and proven damage. Except in the case of gross negligence or wilful misconduct, it may not exceed, for all causes combined, the amount excluding tax paid by the Customer in the twelve months preceding the event giving rise to liability. GetSMS is not liable for indirect damage such as loss of revenue, customers or data.

The Customer indemnifies GetSMS against any claim, penalty or action by a recipient, operator, authority or third party arising from its messages or a breach of the Terms, and bears the resulting costs.

Suspension and termination

By the Customer. The contract is concluded for an indefinite term. The Organisation’s owner may close the account at any time from the dashboard or by e-mail to support.

Suspension by GetSMS. GetSMS may immediately restrict or suspend all or part of the Service, without compensation, in case of breach of the Acceptable Use Policy, repeated reports, a risk to the security of the Service, recipients or the fleet, a request from an authority or operator, or inaccurate verification information. It informs the Customer and, except in an emergency or where prohibited by law, states the reason and how to remedy it.

Termination by GetSMS. GetSMS may terminate the contract for serious or repeated breach, after formal notice that remains without effect for fifteen days, or immediately in case of fraud or unlawful use. It may also terminate without cause with thirty days’ notice; remaining credits are then refunded.

Effects. On closure, API keys are revoked and access to the dashboard ends. Remaining credits are forfeited, except in the refund cases set out under “Credits, prices and payment”. Messages already sent remain due. Data is deleted or retained according to the periods in the Privacy Policy. The Customer can download its invoices and export its data before closure.

Force majeure

Neither party is liable for a failure caused by force majeure within the meaning of Article 269 of the Moroccan Code of Obligations and Contracts, including a general failure of mobile or power networks, a decision by an authority, a natural disaster or a large-scale cyberattack that reasonable measures could not prevent.

Changes to the Terms

GetSMS may amend the Terms and the documents they refer to. Any change unfavourable to the Customer is notified by e-mail and in the dashboard at least thirty days before it takes effect, unless required by law or by an operator. A Customer who refuses it may terminate within that period, with a refund of remaining credits. Continued use after the change takes effect constitutes acceptance.

The version in force and its date appear at the top of each document.

General provisions

  • The Terms and the documents they refer to form the entire agreement between the parties; signed specific terms prevail over them.
  • If a clause is held void, the others remain in force.
  • Failure to exercise a right does not constitute a waiver of it.
  • The Customer may not assign the contract without GetSMS’s written consent.
  • The French version of the Terms prevails.
  • Communications between the parties are made by e-mail, to the Organisation owner’s address and to contact@getsms.tech. GetSMS system records (logs, timestamps, statuses) are evidence of sending and operations, unless proven otherwise.

Governing law and disputes

The Terms are governed by Moroccan law.

The parties first seek an amicable solution: the Customer sends its written complaint to contact@getsms.tech, and GetSMS replies within fifteen days. Failing agreement within thirty days of the complaint, any dispute relating to the formation, performance or interpretation of the Terms is submitted to the Commercial Court of Casablanca.