Regulations for the provision of AwesomeSMS services

Last updated: 24 October 2025 r.

1. service provider information

The service provider and operator of the AwesomeSMS platform is Monolynx Piotr Krych, doing business at ul. Brzoskwiniowa 57D, 15-584 Białystok, Polska. Operational contact: piotrkrych@monolynx.com. The service is provided in accordance with Polish law, in particular, the Law on Providing Electronic Services, the Law on Consumer Rights, the Telecommunications Law and the Civil Code.

2 Definitions

For the purposes of the Regulations, the following terms are used:

• Platform/Service - AwesomeSMS application that allows sending, scheduling and automating SMS communications, including integrations with external systems.
• User - an entity with an active account with AwesomeSMS, acting as an entrepreneur, organization or individual who has entered into a contract for the provision of services.
• Account - an individual administration panel that allows you to configure licenses, contacts and messaging.
• License - a purchased functionality package that allows the use of certain modules and SMS limits.
• Regulations - this document setting out the terms and conditions for the provision of services by electronic means.

3 Scope and nature of services

AwesomeSMS provides tools for contact management, SMS messaging and automation, campaign reporting, and integration with payment, calendar and API modules.

The service is service-based (SaaS) and is available 24/7 excluding technical interruptions communicated in advance. The service does not include the provision of equipment or telecommunications links.

4 Account registration and technical terms

The contract is concluded after the creation of an account and confirmation of the e-mail address. The user declares that he has the authority to represent the entity on behalf of which he concludes the contract.

Use of the Service requires Internet access, a current browser and active SMS licenses. The Service Provider may apply additional verification of identity or ownership of phone numbers used in campaigns.

5 Payments and settlements

• Fees are charged in accordance with the price list available in the panel and on the website. Prices are in Polish zloty and include VAT, unless otherwise noted.
• Invoices are issued in electronic form and delivered to the e-mail address indicated in the account. The user agrees to this form of invoicing.
• Failure to make timely payment may result in the restriction or suspension of access to premium functionality until the amount due is paid.
• A user who is a consumer or an entrepreneur on the rights of a consumer has the right to withdraw from the contract within 14 days from the conclusion, as long as he has not started using the Service.

6 Rules for sending messages

The user is responsible for the content and legality of the messages sent. Sending to people who have not given valid marketing consent is prohibited.

• Messages must meet the requirements of the Telecommunications Law, the Law on Provision of Electronic Services and the provisions of RODO.
• It is forbidden to send unlawful, offensive, misleading, phishing content, content that violates the rights of third parties or UKE regulations.
• You shall ensure that you have a legal basis for processing contact data and maintain documentation of consents.
• The Service Provider may temporarily stop the campaign if there is a reasonable suspicion of a violation of the law or these Regulations.

7 Prohibited content and compliance

• It is forbidden to use the platform to send spam, mass messages without consent, sensitive content (e.g., medical data) without proper legal grounds, and pornographic material, incitement to violence or discrimination.
• Messages financed by third parties must contain the required markings and identifying data of the sender.
• You agree to comply with local regulations in the countries to which you send messages (e.g., DPA requirements in Germany or TCPA in the US).

8 Integrations and external services

Use of integrations (e.g. Google Calendar, SMS provider APIs) requires acceptance of the terms and conditions of these entities. You agree to abide by the Google API Services User Data Policy, including the limited data use policy.

The Service Provider is not responsible for downtime or operation of external services that are not under its control.

9. data protection

Detailed rules for data processing can be found in the Privacy Policy and the Data Entrustment Agreement, which is an integral part of the use of the platform.

The Service Provider uses adequate technical and organizational measures, but the User is responsible for configuring the permissions, passwords and accesses to his/her account.

10. security and reporting

• You agree not to share your login information with unauthorized persons and to use strong passwords.
• Security incidents and data breaches should be reported immediately to the service provider's contact address.
• The service provider may introduce rate limiting mechanisms and additional authorization to protect the infrastructure.

11 Support and complaints

Complaints about the operation of the Service can be submitted electronically. The notification should include a description of the problem, the date of its occurrence and contact information.

The service provider shall respond within 14 working days. For consumers, the relevant provisions on out-of-court dispute resolution shall apply.

12 Termination and suspension

• The user may terminate the contract at any time with one month's notice, unless otherwise specified in the contract or the offer.
• The Service Provider may terminate the contract with immediate effect in case of gross violation of the Terms and Conditions, violation of the law or non-payment for more than 30 days.
• After the termination of the contract, the data will be kept for the period of time prescribed by law and the Privacy Policy, and then securely deleted.

13 Limitation of liability

The Service Provider is liable only for damages caused by its willful misconduct. Liability to entrepreneurs is limited to the amount of fees paid for the last three months of the Service.

The service provider is not responsible for lost benefits, including those resulting from failure of telecommunications operators to deliver messages or erroneous data import by the user.

14. force majeure

The parties shall not be liable for non-performance of obligations resulting from force majeure, i.e. external events, impossible to foresee and prevent (e.g. natural disasters, failures of telecommunications infrastructure).

15. final provisions

• In matters not regulated by the Regulations, the provisions of Polish law shall apply.
• Disputes with consumers can also be resolved before the Permanent Consumer Arbitration Court at the Trade Inspection.
• The Regulations are made available in a way that allows it to be downloaded, recorded and reproduced at any time.