1. Parties
These Terms of Service (“Terms”) are entered into between PBGS PTE. LTD. (UEN 202615758D), a private limited company incorporated in Singapore (“PBGS”, “we”), and the entity or person accessing or using the Services (“Customer”, “you”).
2. Services
PBGS provides wholesale messaging services including A2P SMS, OTP delivery, international SMS routing, developer APIs, and rich messaging channels (collectively, the “Services”). The specific Services available to Customer are set out in the applicable order form, service schedule, or master agreement.
3. Account
To use the Services, Customer must register an account and may be required to undergo know-your-customer (KYC) verification. Customer is responsible for maintaining the confidentiality of account credentials and API keys, and for all activity that occurs under the account.
4. Acceptable use
Customer agrees to comply with all applicable laws, regulations, and operator policies. Without limitation, Customer shall not use the Services to:
- Send unsolicited commercial messages to recipients who have not provided clear, opt-in consent in accordance with the law of the destination jurisdiction.
- Send messages that are unlawful, fraudulent, defamatory, obscene, infringing, or that promote violence, hatred, or discrimination.
- Send messages promoting prohibited content categories, including but not limited to unlicensed gambling, unregulated financial products, malware distribution, phishing, or any scheme intended to deceive recipients.
- Send messages that omit a clear sender identity, lack a functioning opt-out mechanism where required, or otherwise violate sender ID, content, or template rules of the destination operator.
- Engage in traffic-pumping, artificially inflated traffic (AIT), or any practice intended to exploit operator settlement mechanisms.
- Probe, scan, or test the vulnerability of any system or network without prior written authorisation from PBGS.
PBGS may suspend, throttle, or terminate Services without notice in the event of suspected non-compliance, traffic anomalies, or instructions from upstream operators or regulators.
5. Customer obligations
Customer is responsible for the content and lawfulness of all traffic submitted through the Services, for obtaining all required consents from recipients, and for complying with local regulatory regimes including but not limited to TCPA (US), GDPR (EU), PDPA (Singapore), TRAI (India), and equivalent frameworks.
6. Fees and payment
Fees, billing terms, and payment methods are set out in the applicable order form or master agreement. Unless otherwise agreed, invoices are payable within thirty (30) days of issue. Late payment may incur interest and may result in suspension of Services.
7. Service levels
Where a service level agreement (SLA) applies, it is set out in the applicable order form or master agreement. SLAs do not apply to issues caused by Customer’s own systems, operator downtime, or other matters outside our reasonable control.
8. Intellectual property
PBGS retains all rights, title, and interest in and to the Services, including all underlying software, documentation, and trademarks. Customer is granted a non-exclusive, non-transferable, revocable licence to use the Services solely for its internal business purposes during the term of the agreement.
9. Confidentiality
Each party agrees to keep the other party’s confidential information confidential and to use it only for purposes related to the agreement.
10. Liability
To the maximum extent permitted by law, PBGS’s aggregate liability arising out of or related to the Services is limited to the fees paid by Customer in the twelve (12) months preceding the event giving rise to liability. Neither party is liable for indirect, incidental, consequential, or punitive damages.
11. Indemnification
Customer shall indemnify and hold PBGS harmless from and against any third-party claims, damages, fines, or expenses (including reasonable legal fees) arising out of Customer’s breach of Section 4 (Acceptable use) or Section 5 (Customer obligations).
12. Term and termination
These Terms remain in effect for as long as Customer uses the Services. Either party may terminate the agreement for material breach with thirty (30) days’ written notice if the breach is not cured. PBGS may terminate or suspend Services immediately for breaches of Section 4 or for security or regulatory reasons.
13. Governing law
These Terms are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Singapore.
14. Changes
We may amend these Terms from time to time. Material changes will be communicated through our website or directly to affected customers and take effect thirty (30) days after notice unless an earlier date is required by law or upstream operator instruction.
15. Contact
For contractual or legal questions, contact legal@voidmore.com.
PBGS PTE. LTD.
3 Fraser Street, #04-23A, Duo Tower, Singapore 189352
UEN 202615758D