Last updated: 9/11/2025
Welcome to SimGate. These Terms of Service ("Terms") are a legally binding agreement between you ("you", "Customer", or "User") and SimGate ("we", "us", or "our"). By creating an account, installing the SimGate app, or using our website, dashboard, APIs, or mobile applications (collectively, the "Service"), you agree to these Terms. If you do not agree, do not use the Service.
SimGate lets you use your own Android device and SIM card to send and receive SMS via our API. We provide the software and infrastructure; you provide the device, SIM, and connectivity. We do not sell carrier services and are not a telecom operator.
You must be at least 18 and able to form a binding contract.
You are responsible for the security of your account and devices.
You must keep registration and billing information accurate.
You agree not to use the Service to:
Send spam, phishing, or unsolicited messages.
Send unlawful, harmful, defamatory, or abusive content.
Infringe third-party rights or violate carrier/anti-spam laws (e.g., GDPR, ePrivacy, TCPA equivalents).
Interfere with or disrupt the Service or our infrastructure.
You are solely responsible for the content of your messages, your compliance with applicable laws, and obtaining all required consents. We may suspend or terminate accounts that violate these Terms or create risk for us, carriers, or recipients.
Paid plans are billed in advance in recurring monthly intervals via Stripe.
All fees are non-refundable, including partial months, downgrades, or unused time/features. You may cancel anytime; access continues until the end of the current billing period.
Prices may change; we’ll notify you in advance of your next renewal.
You are responsible for any taxes, duties, or carrier charges.
We use third parties (e.g., Stripe for payments, Firebase for authentication). Their terms and privacy policies apply in addition to ours. We are not responsible for third-party services.
We aim for a reliable Service but do not guarantee uninterrupted uptime. Maintenance, network/provider issues, device problems, carrier rules, and unforeseen events may cause delays or failures in message delivery.
We retain all rights in the Service and software. You receive a limited, revocable, non-transferable license to use the Service in accordance with these Terms. You own your content.
The Service is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that messages will always be delivered, timely, or error-free.
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, revenues, or goodwill, arising out of or related to the Service or these Terms. Our total liability for any claim will not exceed the amount you paid to us for the Service in the one (1) month immediately preceding the claim, or €50 if greater.
You will indemnify and hold harmless SimGate and its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your content, your use of the Service, or your violation of these Terms or applicable law.
You may cancel at any time from your dashboard. We may suspend or terminate the Service immediately for violations of these Terms or risk to the Service. Upon termination, your right to use the Service ceases.
We may update these Terms from time to time. Material changes will be notified by email or via the dashboard. Continued use after changes means you accept the updated Terms.
These Terms are governed by the laws of Serbia, without regard to conflict of laws. Courts in Belgrade, Serbia will have exclusive jurisdiction. You and we waive class actions to the extent permitted by law.
Questions? Email us at support@simgate.app.