AwesomeSMS Terms of Service

Last updated: 29 September 2025.

1. Service provider details

AwesomeSMS is provided and operated by Monolynx Piotr Krych, doing business at ul. Brzoskwiniowa 57D, 15-584 Białystok, Polska. Operational contact: piotrkrych@monolynx.com. The Service complies with Polish law, including the Act on Providing Services by Electronic Means, the Consumer Rights Act, the Telecommunications Law, and the Civil Code.

2. Definitions

The following definitions apply to these Terms:

• Platform / Service – the AwesomeSMS application enabling SMS delivery, scheduling, automation, and integrations with external systems.
• User – an entity with an active AwesomeSMS account acting as a business, organisation, or individual that has entered into the service agreement.
• Account – an individual administration panel used to configure licences, contacts, and message sending.
• Licence – a purchased feature package that provides access to specific modules and SMS quotas.
• Terms – this document setting out the conditions for electronic service delivery.

3. Scope and nature of services

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

The Service is offered as SaaS and is available 24/7 except for scheduled maintenance. It does not include hardware or telecom connectivity.

4. Account registration and technical requirements

The agreement is concluded once the account is created and the email address is confirmed. The User declares they are authorised to represent the entity they act for.

Using the Service requires internet access, an up-to-date browser, and active SMS licences. The provider may verify identity or ownership of phone numbers used in campaigns.

5. Payments and settlements

• Fees follow the price list shown in the dashboard and on the website. Prices are quoted in Polish zloty and include VAT unless stated otherwise.
• Invoices are issued electronically and sent to the email address stored in the account. The User consents to receiving invoices this way.
• Late payment may lead to limiting or suspending premium features until the outstanding balance is paid.
• A User who is a consumer or an entrepreneur with consumer rights may withdraw within 14 days of contracting provided they have not started using the Service.

6. Message delivery rules

The User is responsible for the content and legality of messages. Sending messages without valid marketing consent is forbidden.

• Messages must comply with the Telecommunications Law, the Act on Providing Services by Electronic Means, and GDPR.
• It is prohibited to send unlawful, offensive, misleading, phishing content, or material violating third-party rights or UKE regulations.
• The User must have a legal basis to process contact data and keep records of consents.
• The provider may temporarily suspend a campaign if there is a justified suspicion of law or Terms violations.

7. Prohibited content and compliance

• Using the platform for spam, mass messaging without consent, sensitive content (e.g. medical data) without lawful grounds, or pornographic, violent, or discriminatory material is forbidden.
• Messages funded by third parties must include required disclosures and sender identification.
• The User undertakes to comply with local regulations in the countries they target (e.g. German DPA requirements or the U.S. TCPA).

8. Integrations and external services

Using integrations (e.g. Google Calendar or SMS provider APIs) requires accepting the respective providers' terms. The User agrees to comply with the Google API Services User Data Policy, including its limited-use rules.

The provider is not liable for downtime or behaviour of external services beyond its control.

9. Personal data protection

Detailed processing rules are described in the Privacy Policy and the Data Processing Agreement, both integral to using the platform.

The provider applies appropriate technical and organisational safeguards, while the User remains responsible for configuring permissions, passwords, and account access.

10. Security and reporting

• The User must not share login credentials with unauthorised parties and must use strong passwords.
• Security incidents and data breaches must be reported promptly to the provider's contact address.
• The provider may implement rate limiting and additional authentication to protect the infrastructure.

11. Support and complaints

Complaints about the Service may be submitted electronically and should include a description of the issue, the date it occurred, and contact details.

The provider responds within 14 business days. For consumers, the relevant out-of-court dispute resolution rules apply.

12. Termination and suspension

• The User may terminate the contract at any time with one month's notice unless the contract or offer states otherwise.
• The provider may terminate the contract with immediate effect in the event of a material breach of the Terms, a legal violation, or non-payment exceeding 30 days.
• After termination, data is stored for the period required by law and the Privacy Policy and then securely deleted.

13. Limitation of liability

The provider is liable only for damage caused intentionally. For business users, liability is limited to fees paid over the last three months of service.

The provider is not liable for lost profits, including those caused by message non-delivery by telecom operators or incorrect data imports by the User.

14. Force majeure

The parties are not liable for failure to perform due to force majeure—external events that cannot be foreseen or prevented (e.g. natural disasters, telecom infrastructure failures).

15. Final provisions

• Matters not governed by these Terms are subject to Polish law.
• Disputes with consumers may also be resolved by the Permanent Consumer Arbitration Court at the Trade Inspection.
• These Terms are made available so they can be downloaded, stored, and reproduced at any time.