Terms of Service & Regulatory Compliance

1 Agreement Scope & Account Eligibility

By registering an account, submitting billing information, accessing the Cloud SMS BD web portal, integrating our REST API/SMPP endpoints, or purchasing prepaid messaging units, you ("Customer", "Client", or "User") agree to be bound unconditionally by these Terms of Service.

To use our enterprise messaging services, you must:

• Be at least eighteen (18) years of age or represent a legally recognized business entity registered in Bangladesh or internationally.
• Provide accurate, verifiable business information including valid Trade License, Company Pad authorization, National ID (NID), and Tax Identification Number (e-TIN) where required by telecom regulations.
• Maintain strict confidentiality of your API keys, secret credentials, and dashboard login passwords. You are wholly responsible for all SMS transmissions initiated under your account credentials.

2.1 Mandatory Prior Consent (Opt-in)

You may only broadcast promotional or marketing SMS to recipients who have given prior express written or electronic opt-in consent to receive messaging from your specific brand. Purchased, scraped, rented, or third-party phone lists are strictly prohibited on our gateway.

2.2 Strictly Prohibited Content Categories

You agree never to transmit, upload, or route SMS content that includes or promotes:

2.3 Automated Content Screening & Account Penalties

Our platform utilizes automated AI keyword detection and regex filtering. Messages detected containing banned keywords or fraudulent patterns will be automatically quarantined. In the event of confirmed spam transmission:

• The offending account is locked instantly, and ongoing queue broadcasts are permanently terminated.
• All remaining wallet credits and prepaid balances are unconditionally forfeited to offset carrier violation penalties and regulatory compliance audits.
• Offending sender IDs and originating IP addresses will be submitted to the BTRC and law enforcement agencies for investigation.

3.1 Approved Sending Windows for Promotional SMS

In accordance with official BTRC consumer protection mandates:

3.2 National Do Not Disturb (DND) Registry Compliance

All Bangladeshi mobile operators maintain "Do Not Disturb" (DND) registries for subscribers who choose not to receive commercial marketing texts. Cloud SMS BD gateway nodes automatically verify destination MSISDNs against real-time operator DND tables. Promotional messages destined for DND-registered numbers are suppressed to protect the sender from regulatory fines.

3.3 Ban on Unlicensed SIM-Box & Grey Routes

Cloud SMS BD strictly uses white telecom routes. Using GSM modems, illegitimate SIM-boxes, or unauthorized international bypass routes is completely forbidden and criminalized under the Bangladesh Telecommunication Act 2001 (as amended).

Sender ID Allocation & Masking Approval Rules

To prevent brand impersonation and consumer fraud, BTRC enforces stringent verification procedures for registered 11-character Masking Sender IDs:

• Length & Characters: Masking Sender IDs may consist of a maximum of eleven (11) alphanumeric characters. Generic names (e.g., "OFFER", "DISCOUNT", "SMS") cannot be registered.
• Mandatory Verification Documents: The requested Brand Name must directly match the business title on your valid Trade License, Certificate of Incorporation, or registered Trademark certificate. An official request letter on company pad signed by the authorized director is required.
• Telecom Operator NOC Timeline: Upon document review, Cloud SMS BD coordinates approval across Grameenphone, Robi, Banglalink, and Teletalk. Operator verification typically requires 2 to 4 business days.
• Non-Masking SMS: For non-masking accounts, messages will be delivered using random 11-digit operator pool numbers without custom brand names.

5.1 SMS Unit Billing Rules (Character Count Calculation)

Messaging credits are billed per SMS part based on standard international telecommunication encoding standards:

5.2 Conditions for Refund Eligibility

A client is entitled to submit a formal refund request under the following criteria:

• A client may request a refund of their remaining unused wallet balance only when voluntarily requesting the permanent closure of their Cloud SMS BD account.
• Unutilized Balances Only: Refunds are strictly calculated upon the remaining, unspent prepaid balance remaining in the client's wallet at the moment of request.
• Gateway Fee Deductions: Third-party payment gateway processing fees (e.g., bKash, Nagad, Visa, Mastercard processing charges, typically 1.5% - 2.5%) and a standard administrative settlement fee (up to 5%) will be deducted from the disbursed refund amount.

5.3 Non-Refundable Scenarios

5.4 Refund Processing & Disbursement Timelines

Approved refund claims are processed within seven (7) to ten (10) business days. Funds are disbursed back to the original source account (MFS wallet, debit/credit card, or official corporate bank account) used during initial payment.

Service Level Agreement (SLA) & Gateway Reliability

Cloud SMS BD is engineered for high concurrency enterprise applications:

• Platform Availability: We target a minimum 99.9% monthly platform uptime for API endpoints, webhook listeners, and web management interfaces.
• OTP Delivery Speed: Priority OTP routes maintain an average delivery turnaround of 1.8 to 3.2 seconds under standard telecom network load.
• DLR Transparency: Real-time Delivery Receipts (DLR) are returned directly from handset level network acknowledgments. Simulated or fabricated DLR reports are strictly prohibited on our infrastructure.

Limitation of Liability & Indemnification

To the maximum extent permitted by applicable law in Bangladesh:

• Cloud SMS BD is not liable for delayed or undelivered SMS resulting from downstream telecommunication operator outages, subscriber handset power-off, out-of-coverage conditions, or national network maintenance.
• Customer Indemnity: You agree to defend, indemnify, and hold harmless Cloud SMS BD, its directors, officers, and telecom carrier partners against all claims, liabilities, damages, fines, and legal costs resulting from message contents transmitted through your account or violations of BTRC regulations.

Governing Law & Legal Jurisdiction

These Terms of Service shall be governed by, construed, and enforced in accordance with the laws of the People's Republic of Bangladesh, including the Bangladesh Telecommunication Act 2001 (and amendments) and the Information and Communication Technology (ICT) Act 2006. Any disputes shall be subject to the exclusive jurisdiction of the competent courts of Dhaka, Bangladesh.