Terms of Service

Effective 8 October 2026 · Last updated 8 October 2026

These Terms of Service (“Terms”) are a legal agreement between you (“you”, “Customer”) and Peritus Digital Pty Ltd (ABN 58 675 347 716), trading as SMS365 (“SMS365”, “we”, “us”, “our”), governing your access to and use of the SMS365 website, platform, and APIs (together, the “Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you are simply visiting our website, section 17 is the part that applies to you.

1. Eligibility & account

The Service is for business use. By using it you represent that you are at least 18 years old, and that where you use it on behalf of an organisation, you have authority to bind that organisation to these Terms, in which case “you” means that organisation.

You are responsible for your account, for the security of your login credentials and API keys, and for all activity that occurs under your account. Keep your credentials confidential and notify us promptly of any suspected unauthorised use. You must provide accurate account information and keep it current.

2. The Service

SMS365 is a multi-tenant business messaging platform that lets you send messages through a single gateway across multiple channels, manage contacts and campaigns, automate sends, and integrate with your own systems. Features available to you depend on your subscription plan. We may add, change or remove features over time.

3. Acceptable use

You must not use the Service to send, store or transmit any content, or engage in any conduct, that:

• Is unlawful, fraudulent, deceptive, threatening, harassing, defamatory, or infringes anyone’s rights;
• Is sent without the recipient’s consent, or otherwise breaches the Spam Act 2003 (Cth) or applicable industry codes (see section 4);
• Relates to prohibited or high-risk categories restricted by our network partners or by law (for example, certain regulated goods or services), except where expressly permitted and properly registered;
• Contains malware, phishing, or attempts to gain unauthorised access to any system or data;
• Impersonates any person or entity, or misrepresents your sender identity;
• Interferes with or places an unreasonable load on the Service, attempts to circumvent usage limits or security controls, or resells or provides the Service to third parties except as expressly permitted by your plan; or
• Is used to send unsolicited bulk or “grey-route” traffic, or to evade opt-outs or suppression.

We may investigate suspected breaches and cooperate with authorities. You are responsible for the acts and omissions of anyone using your account, including your own sub-accounts and end users.

4. Consent & the Spam Act

You are solely responsible for ensuring that every message you send complies with the law. In particular, you must:

• Have consent. Obtain and be able to evidence the recipient’s consent (express or inferred) to receive your messages;
• Identify yourself. Ensure each commercial message clearly identifies you as the sender and how to contact you; and
• Honour opt-outs. Include a functional unsubscribe mechanism in marketing messages and stop messaging anyone who opts out.

The Service helps you meet these obligations, for example, by attaching a working unsubscribe link and automatically suppressing opted-out recipients, but the legal responsibility for consent, content and compliance remains yours. You must not disable, circumvent or fail to use the opt-out mechanisms provided.

5. Fees & prepaid credit

The Service is offered on subscription plans plus usage-based message charges, as described on our Pricing page. Unless stated otherwise, all fees are in Australian dollars and are exclusive of GST, which will be added where applicable.

• Prepaid model. Message charges are drawn from prepaid credit in your account. When your balance is exhausted, sending pauses until you top up; we do not extend credit unless expressly agreed.
• Subscriptions are billed in advance on a recurring basis and continue until cancelled. You can cancel at any time; cancellation takes effect at the end of the current billing period.
• Consumption. Message charges are incurred when a message is submitted for sending (including scheduled and campaign sends). Charges for consumed messages are non-refundable. Where a message is not handed to the network, the corresponding charge is reversed.
• Auto-recharge. If you enable auto-recharge, you authorise us to charge your saved payment method to top up your balance on the terms you set.
• No refunds of used credit. Except as required by law (including the Australian Consumer Law), fees and consumed credit are non-refundable.
• Taxes. You are responsible for all applicable taxes other than taxes on our income.

We may change our fees on reasonable notice; changes do not affect the current paid period.

6. Your data

As between you and us, you own the data you submit to the Service, including your contacts and message content (“Customer Data”). You grant us a non-exclusive licence to host, process and transmit Customer Data as needed to provide the Service and as permitted by these Terms and our Privacy Policy.

You are responsible for the accuracy and legality of Customer Data and for having the rights and consents necessary for us to process it. Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.

7. Third-party integrations

The Service can connect to third-party applications you choose to enable. Your use of those applications is governed by their own terms and privacy policies. We are not responsible for third-party applications, and we may suspend an integration if it creates a security or operational risk.

8. AI features & connected assistants

AI output is a draft, not an answer. Where the Service drafts text with AI, the output can be wrong, misleading or unsuitable, and it is yours once you send it. You are responsible for reading what you send. Do not use AI drafting for anything that must be accurate without a person checking it — legal, medical, financial or safety information in particular.

You remain the sender. Every obligation in these Terms applies identically to a message drafted or triggered by AI: consent, the Spam Act, acceptable use, and the fees for it. “The model wrote it” is not a defence available to you, and it is not one we will offer on your behalf.

An assistant you connect acts as you. If you connect an AI assistant such as ChatGPT to your workspace, anything it does within the permissions you granted is your act, billed to your account. You are responsible for choosing what to grant it, for who in your organisation may connect one, and for disconnecting it when it is no longer needed.

What we limit on purpose. An assistant starts able to read without seeing message text and unable to send; the permissions covering platform administration, billing, your team and your API keys cannot be granted to one at all; and an assistant is held to its own daily spend limit, separate from your workspace’s. These limits are ours to set and we may change them, including narrowing them, where we think the risk warrants it.

Data leaving the platform. When an assistant reads your data it leaves our systems and enters a service you chose, under that provider’s terms. We do not control what happens to it there and cannot retrieve or delete it on your behalf. See Privacy Policy §10.

Prompt injection. An AI assistant can be misled by text it reads — including the content of a message someone sent you. We build to limit the damage that can do, which is why reading message text and sending are separate permissions and why a spend limit exists. We cannot prevent it, and we are not liable for the consequences of an assistant you connected acting on content you gave it access to.

No automated decisions about you. We do not use AI to decide whether to charge you, suspend you, or close your account.

9. Availability & support

We work to keep the Service available and reliable, but it is provided on an “as available” basis. We may perform maintenance, and availability can be affected by factors outside our control, including third-party networks. Unless a separate written service-level agreement applies, we do not guarantee any particular level of uptime or message delivery time. Support is provided as described on our support page, which states our hours and the time within which we aim to reply first.

10. Intellectual property

The Service, and all software, content and materials we provide (excluding Customer Data), are owned by us or our licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms. You must not copy, modify, reverse-engineer, resell or create derivative works from the Service except as expressly permitted. Any feedback you give us may be used by us without restriction.

11. Suspension & termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access, in whole or in part, if you materially breach these Terms (including the acceptable-use and consent obligations), if required by law or a network partner, or to protect the Service or others from harm, where practicable, with notice, and immediately where the risk is serious. On termination, your right to use the Service ends; provisions that by their nature should survive (including fees owed, data and IP, disclaimers, liability, indemnity and governing law) will survive. We can provide you a reasonable opportunity to export your data unless prevented by law.

12. Disclaimers

To the maximum extent permitted by law, and subject to section 13, the Service is provided “as is” and “as available”, and we exclude all warranties, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that every message will be delivered.

13. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or other law that cannot lawfully be excluded. Where our goods or services come with guarantees that cannot be excluded, and where permitted, our liability for breach of such a guarantee is limited (at our option) to re-supplying the services or paying the cost of having them re-supplied.

14. Limitation of liability

Subject to section 13, and to the maximum extent permitted by law:

• Neither party is liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profits, revenue, data, goodwill or anticipated savings, however caused; and
• Our total aggregate liability arising out of or in connection with the Service and these Terms is limited to the total fees you paid to us for the Service in the three (3) months immediately before the event giving rise to the liability.

You acknowledge that message delivery depends on third-party networks and recipient devices outside our control, and that we are not liable for failures, delays or charges caused by them.

15. Indemnity

You agree to indemnify and hold us harmless from and against any claims, liabilities, losses and costs (including reasonable legal costs) arising out of or in connection with: (a) your Customer Data or the messages you send; (b) your breach of these Terms, including the acceptable-use and consent obligations; or (c) your violation of any law or the rights of any third party (including recipients). This does not apply to the extent a claim is caused by our own breach or wrongful act.

16. Changes to these Terms

We may update these Terms from time to time. The current version is always published here, with the “last updated” date shown at the top. Where changes are material, we will take reasonable steps to notify you. Your continued use of the Service after a change takes effect means you accept the updated Terms.

17. Using this website

Sections 1 to 15 govern the Service, and apply once you have an account. This section applies to anyone visiting sms365.com.au, whether or not they are a customer — by browsing the site you accept it.

• The content is information, not advice. Prices, features and guides on this site describe the Service in general terms and may change. Nothing here is legal advice — in particular, our material about the Spam Act and consent is a plain-English summary, not a substitute for advice about your own circumstances.
• What you may do with it. Read it, print it, and share links to it. The text, design, logos and code are ours (or our licensors') and are protected by copyright and trade mark law; do not republish, resell or present them as your own.
• What you may not do. Do not attempt to gain unauthorised access to any part of the site or the systems behind it, probe or scan them, interfere with their operation, or extract content in bulk by automated means. Reasonable search-engine crawling within robots.txt is welcome; scraping the blog to republish it is not.
• Security research. If you believe you have found a vulnerability, tell us at [email protected] before doing anything else, and give us a reasonable chance to fix it. We will not pursue anyone who reports in good faith and does not access other people's data.
• Links out. Where we link to another website, we do not control it and are not responsible for its content or its privacy practices.
• Availability. The site is provided as-is. We may change, suspend or withdraw any part of it without notice, subject to section 13 (Australian Consumer Law).
• Cookies. What this site stores on your device, and how to change it, is set out in our Cookie Policy.

18. General & contact

• Governing law. These Terms are governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that place.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a reorganisation, merger or sale.
• Entire agreement. These Terms and our Privacy Policy are the entire agreement between us about the Service and supersede prior discussions.
• Severability & waiver. If any provision is unenforceable, the rest continues in effect; a failure to enforce a provision is not a waiver of it.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
• Notices. We may give notices via the Service or to your account email; you can reach us at the details below.