Terms of Service | SMSHandy

Welcome to SMSHandy, an SMS broadcasting and messaging platform operated by Sitehandy Solutions (Registration No. NS0159990-H), a company registered in Negeri Sembilan, Malaysia ("Company", "we", "us", "our").

By accessing or using the SMSHandy platform, website (smshandy.com), dashboard (app.smshandy.com), API, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Service.

These Terms constitute a legally binding agreement between you ("User", "you", "your") and the Company. Please read them carefully.

1. Definitions

"Platform" means the SMSHandy web application, API, dashboard, and all related tools and services.
"SMS" means Short Message Service, including single SMS, bulk SMS, and SMS sent via API.
"Sender ID" means the alphanumeric or numeric identifier displayed as the sender of an SMS message.
"Credits" means the prepaid units used to send SMS through the Platform.
"API" means the Application Programming Interface provided by SMSHandy for programmatic SMS sending.
"MCMC" means the Malaysian Communications and Multimedia Commission (Suruhanjaya Komunikasi dan Multimedia Malaysia).
"PDPA" means the Personal Data Protection Act 2010 (Malaysia).
"Messaging Services" means SMS and any future messaging channels provided through the Platform, including but not limited to WhatsApp, Telegram, and other messaging platforms.

2. Service Description

SMSHandy provides a cloud-based messaging platform that enables businesses and individuals to:

Send single and bulk SMS messages to Malaysian mobile numbers
Integrate SMS functionality into applications via REST API
Manage contacts, message templates, and sender IDs
Monitor delivery status and analytics in real-time

The Service may be expanded to include additional messaging channels such as WhatsApp, Telegram, and other communication platforms in the future. When such services are introduced, these Terms shall apply to those services unless separate terms are provided.

3. Account Registration & Security

3.1 Eligibility

You must be at least 18 years old or the legal age of majority in your jurisdiction to use the Service. By registering, you represent that you have the legal capacity to enter into these Terms.

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You must not impersonate any person or entity, or misrepresent your identity or affiliation.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password and API keys. You are fully responsible for all activities that occur under your account. You must notify us immediately at [email protected] if you suspect any unauthorized access or use of your account.

3.4 Identity Verification

We reserve the right to verify your identity at any time. Failure to provide satisfactory identification upon request may result in suspension or termination of your account.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with all applicable laws, regulations, and guidelines, including but not limited to Malaysian law, MCMC regulations, and the Communications and Multimedia Act 1998 (CMA 1998).

4.1 General Obligations

You must obtain proper consent from recipients before sending any messages.
You must provide recipients with a clear and easy way to opt out of receiving messages.
You must only send messages during reasonable hours and must not send messages intended to harass, intimidate, or disturb recipients.
You must comply with all applicable anti-spam laws and regulations.
You must ensure that you are authorized to use the personal information (including phone numbers) of all message recipients.

5. Prohibited Content & Activities

You must NOT use the Service to send messages that contain or promote any of the following:

5.1 Illegal & Harmful Content

Fraudulent, deceptive, or misleading information, including scams and phishing attempts
Content promoting illegal activities, including illegal gambling, unlicensed money lending (along/ah long), or unauthorized financial services
Malware, viruses, or links to malicious websites
Content that violates any applicable law or regulation

5.2 Content Against Public Interest & National Harmony

Content against public interest, public order, or national security
Content that negatively affects the institution of the monarchy or country leaders
Content that is disrespectful toward nations, governments, officials, or population groups
Content that violates religious respect or disrespects sacred places and institutions
Content that undermines national stability or causes disharmony among racial, religious, or communal groups
Seditious, defamatory, or libellous content

5.3 Offensive & Inappropriate Content

Obscene, pornographic, sexually explicit, or provocative material
Content offensive on moral, religious, communal, or political grounds
Content that promotes hatred, violence, discrimination, or harassment based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic
Content that exploits or endangers minors

5.4 Spam & Unsolicited Messages

Unsolicited bulk messages (spam)
Messages sent to recipients who have not provided prior consent
Messages sent to recipients who have previously opted out
Repeated or excessive messaging intended to annoy or overwhelm recipients

5.5 Intellectual Property Violations

Content that infringes upon any copyright, patent, trademark, trade secret, or other proprietary rights of any third party
Unauthorized use of brand names, logos, or trademarks

5.6 Misrepresentation

Impersonating any person, company, or entity
Using Sender IDs that mislead recipients about the true identity of the sender
Distorted facts, fake news, or untrue content designed to deceive

6. MCMC Compliance & SMS Regulations

Important: MCMC SMS Content Restrictions

The Malaysian Communications and Multimedia Commission (MCMC) has issued directives restricting the content of SMS messages sent within Malaysia. These restrictions are enforced at the telecommunications network level and apply to all SMS messages, including those sent through SMSHandy.

6.1 MCMC Content Restrictions

In accordance with MCMC directives effective from 2 July 2023 (and subsequently expanded on 30 August 2024), the following content is blocked at the network level by Malaysian telecommunications providers:

URL links — SMS messages containing any URL, hyperlink, or web address may be blocked by telco providers
Personal details — SMS containing personal information such as IC numbers, bank account numbers, or other sensitive personal data
Phone numbers — SMS containing phone numbers within the message body may be blocked
Suspicious content — Any content that the network identifies as potentially fraudulent or harmful

These blocks are implemented by Malaysian telecommunications operators (Celcom Digi, Maxis, U Mobile, etc.) at the network level. SMSHandy has no control over these network-level blocks. Messages blocked by telco providers may not be delivered even though credits may be consumed depending on the point at which blocking occurs.

6.2 User Responsibility

It is your responsibility to ensure that your SMS content complies with all MCMC regulations. You acknowledge that:

You have read and understood the MCMC directives regarding SMS content restrictions
You will craft your messages to comply with these restrictions
SMSHandy is not liable for messages that are blocked by telco providers due to non-compliant content
No refund or credit will be issued for messages blocked at the network level due to content restrictions

6.3 Reference Documents

For more information on MCMC SMS content restrictions, please refer to:

7. Sender ID

You may register custom Sender IDs through the Platform, subject to availability and approval.
Sender IDs must not impersonate other businesses, brands, government agencies, or public institutions.
We reserve the right to reject, revoke, or modify any Sender ID at our discretion.
You are responsible for ensuring that your use of Sender IDs complies with all applicable laws and does not infringe the rights of any third party.
Misuse of Sender IDs, including using them for fraudulent or deceptive purposes, will result in immediate account suspension.

8. Credits, Pricing & Payment

8.1 Credit System

The Service operates on a prepaid credit system. Credits are deducted for each SMS sent. The number of credits consumed per message depends on the message length, encoding (GSM or Unicode), and the recipient's network.

8.2 Pricing

SMS rates are determined by your selected plan. Current pricing is available on our Pricing page. We reserve the right to modify pricing at any time with reasonable notice. Price changes do not affect credits already purchased.

8.3 Payment

Credits can be purchased via FPX (online banking), bank transfer, or other payment methods made available on the Platform. Credits are added to your account upon confirmed payment.

8.4 Credit Validity

Purchased credits do not expire while your account remains active and in good standing. However, credits may be forfeited upon account termination for violation of these Terms.

8.5 Taxes

All prices are subject to applicable taxes. You are responsible for any taxes, duties, or levies imposed by your jurisdiction.

9. Refund Policy

9.1 General Policy

Due to the nature of the Service, all credit purchases are non-refundable except in the following circumstances:

Technical failure on our part that prevents message delivery (not including telco-level blocking or recipient-side issues)
Duplicate charges caused by payment processing errors

9.2 No Refund Situations

Refunds will NOT be issued for:

Messages blocked by telco providers due to MCMC content restrictions
Messages sent to invalid, inactive, or incorrect phone numbers
Messages that fail to deliver due to recipient's device being off, out of coverage, or having a full inbox
Credits remaining in accounts that are suspended or terminated for violating these Terms
Unused credits in accounts that have been inactive for an extended period
Change of mind after purchase

9.3 Refund Requests

To request a refund for eligible circumstances, contact us at [email protected] within 30 days of the transaction. All refund requests are reviewed on a case-by-case basis.

10. API Terms

API access is available on eligible plans as indicated on our Pricing page.
You must keep your API keys confidential and must not share them with unauthorized parties.
You must not use the API to send messages that violate these Terms or any applicable laws.
We reserve the right to impose rate limits, usage quotas, or other restrictions on API usage.
API documentation, sample code, and related materials are provided for integration purposes only and remain the intellectual property of Sitehandy Solutions.
You must not reverse engineer, decompile, or attempt to derive the source code of the API or Platform.
We may update or modify the API from time to time. While we endeavour to provide advance notice, we are not liable for any disruption caused by API changes.

11. Intellectual Property

All intellectual property rights in the Platform, including but not limited to the software, design, logos, trademarks, documentation, and API, are owned by Sitehandy Solutions or its licensors. Nothing in these Terms grants you any right, title, or interest in our intellectual property except for the limited right to use the Service as expressly permitted.

You retain ownership of the content you submit through the Service (e.g., message content, contact lists). However, you grant us a limited, non-exclusive licence to process such content solely for the purpose of providing the Service.

12. Data Protection & Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal data in compliance with the Personal Data Protection Act 2010 (PDPA).

You represent and warrant that:

You have obtained all necessary consents from recipients to send them messages and to share their personal information (including phone numbers) with us for message delivery purposes.
You comply with the PDPA and all applicable data protection laws in your collection, storage, and use of personal data.
You will promptly honour any recipient's request to stop receiving messages.

13. Service Availability

We strive to maintain high availability and reliability. However, we do not guarantee uninterrupted, error-free, or secure access to the Service. The Service may be temporarily unavailable due to:

Scheduled maintenance (we will endeavour to provide advance notice)
Emergency maintenance or security patches
Telecommunications provider outages or network issues
Factors beyond our reasonable control

SMS delivery is dependent on third-party telecommunications providers. We do not guarantee delivery of any specific message, as delivery is subject to network conditions, recipient device status, and telco-level content filtering.

14. Limitation of Liability

To the maximum extent permitted by Malaysian law:

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.
We disclaim all liability for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill.
Our total aggregate liability for any claims arising from or related to the Service shall not exceed the total amount you have paid to us in the twelve (12) months preceding the claim.
We are not liable for any loss, damage, or inconvenience arising from messages that are blocked, delayed, or undelivered due to telecommunications network issues, MCMC content restrictions, or recipient-side factors.
We are not liable for any unauthorized access to your account resulting from your failure to maintain the security of your credentials.

15. Indemnification

You agree to indemnify, defend, and hold harmless Sitehandy Solutions, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

Your use of the Service or any content you send through the Service
Your violation of these Terms or any applicable law or regulation
Your violation of any rights of any third party, including recipients of your messages
Any government investigation, regulatory action, or enforcement proceeding resulting from your use of the Service
Any claims by recipients or third parties relating to messages sent by you through the Service

16. Suspension & Termination

16.1 Suspension by Us

We may suspend or restrict your access to the Service immediately and without prior notice if:

You violate these Terms, including the Acceptable Use Policy or Prohibited Content provisions
We receive a directive from MCMC, law enforcement, or any regulatory authority
We reasonably believe your account is being used for fraudulent or illegal activities
Your use of the Service poses a risk to the Platform, other users, or third parties
You fail to provide satisfactory identity verification upon request

16.2 Termination by You

You may terminate your account at any time by contacting us at [email protected]. Upon voluntary termination, any remaining unused credits will be forfeited.

16.3 Termination by Us

We reserve the right to terminate your account for cause, including repeated or severe violations of these Terms. We may also terminate inactive accounts after a period of twenty-four (24) months of inactivity.

16.4 Effects of Termination

Upon termination:

Your right to access and use the Service ceases immediately.
All remaining credits in your account are forfeited with no refund.
We may delete your account data in accordance with our data retention policies.
Provisions that by their nature should survive termination shall remain in effect, including Sections 5, 11, 14, 15, and 19.

17. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, civil unrest, pandemics, government actions or directives, telecommunications failures, internet outages, power failures, or acts of third parties.

18. Amendments

We reserve the right to modify these Terms at any time. Changes will be effective upon posting the updated Terms on our website. We will make reasonable efforts to notify users of material changes via email or platform notification. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

It is your responsibility to review these Terms periodically. If you do not agree with any changes, you must discontinue use of the Service.

19. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Malaysia. Any dispute, controversy, or claim arising out of or in connection with these Terms or the Service shall be submitted to the exclusive jurisdiction of the courts of Malaysia.

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute through good-faith negotiation by contacting us in writing. If the dispute cannot be resolved within thirty (30) days, either party may pursue legal remedies.

20. Miscellaneous

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service.
Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision or any other provision in the future.
Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
Language: These Terms are available in English and Bahasa Malaysia. In the event of any inconsistency, the English version shall prevail.

21. Contact Us

If you have any questions about these Terms, please contact us:

Company: Sitehandy Solutions (NS0159990-H)
Email: [email protected]
WhatsApp: +6011-3803 8022
Address: K4 Level 1, Terminal Port Dickson, 71000 Port Dickson, Negeri Sembilan, Malaysia