Terms of Service

1. At a glance

SMSGELY is a prepaid business SMS platform. You recharge your wallet in Taka and pay per SMS unit at the rate of the recharge you are using.
You are responsible for what you send, who you send it to and having their consent. Opt-outs and our suppression list always apply.
Masking (a branded Sender ID) needs approved KYC, a trade licence and our approval. Non-masking uses a numeric sender provided by the platform.
You are charged only when the network accepts a message. Messages rejected or failed before acceptance are not charged.
We cannot guarantee delivery: it depends on mobile operators, providers and the recipient's phone.
We may warn, restrict, suspend or close accounts that break these Terms or the law. Material changes to these Terms are always announced and need your acceptance before you continue sending.

2. Introduction

These Terms of Service ("Terms") are a binding agreement between you and SMSGELY ("SMSGELY", "we", "us" or "our"). SMSGELY is a brand of Naimur SMS BD and provides the website smsgely.com, the customer dashboard, the REST API, webhooks and related messaging services (together, the "Services").

By creating an account, ticking the acceptance box at registration or using the Services, you agree to these Terms and to our Acceptable Use Policy, and you confirm that you have read our Privacy Policy. The following policies also form part of these Terms:

If you accept these Terms on behalf of a company or other organisation, you confirm that you are authorised to bind it, and "you" means that organisation. If you do not agree with these Terms, please do not use the Services.

Key words used in these Terms

Message: an SMS submitted through the Services, whether sent singly, to a group, as a bulk campaign, on a schedule or through the API.
SMS unit: one billable part of a Message. Long Messages use more than one unit (see section 14).
Sender ID: the name or number shown to the recipient as the sender.
Provider: an SMS aggregator, gateway or mobile network operator that carries Messages for us.
Wallet: the prepaid balance in your account, held in Bangladeshi Taka (BDT).
Customer Content: contacts, recipient numbers, Message text, templates and files that you upload or create.

Language versions

These Terms are published in English and Bangla. If there is any inconsistency between the English and Bangla versions, the version designated by SMSGELY after legal review will apply.

3. Eligibility

To use the Services you must:

be at least 18 years old and have the legal capacity to enter into a binding contract under the laws of Bangladesh;
use the Services for genuine business, professional or organisational messaging; and
not have been suspended or banned from the Services before, unless we have agreed in writing that you may return.

We may refuse to open an account, or ask for more information first, where we reasonably believe this is needed to prevent fraud or abuse, or to meet legal, regulatory or Provider requirements.

4. Account registration

To register you must give your full name, a Bangladesh mobile number (+880), an email address and your address, choose a password and complete a CAPTCHA check. You must verify your email address with the 6-digit code we send to it.

All information you give us must be true, current and complete, and you must keep it up to date in your dashboard. An account opened with false or borrowed details may be suspended without notice.

At registration you accept these Terms and the Acceptable Use Policy and acknowledge the Privacy Policy. We keep a record of the document versions you accepted, together with the time, the language version shown, your IP address and your browser's user agent. We keep the same record each time you accept an updated version.

5. Account verification

We may ask you to verify your identity, your business or your ownership of a payment account at any time, for example before approving a Sender ID, processing a refund, lifting a restriction or when our risk monitoring flags unusual activity. Some features stay unavailable until verification is complete. If you cannot or do not provide the information we ask for, we may limit your account.

Verification is a manual review of the documents you provide, carried out by our staff. It is not a check against a government database, and approving your documents does not mean that we endorse your business or your messages.

6. KYC

KYC ("know your customer") verification is required before you can use masking Sender IDs. We may also ask for it before giving access to other features or higher limits.

You submit a profile photo and clear images of the front and back of your NID through your dashboard.
Our staff review the documents manually and approve or reject the submission. If it is rejected, we will tell you why where we can, and you may submit again.
You must submit genuine documents belonging to you, or to the person authorised to act for your business. Submitting forged documents, or someone else's documents without authority, will lead to suspension and may be reported to the relevant authorities.
KYC documents are stored privately, are accessible only to authorised staff and are kept for the periods described in our Privacy Policy and KYC Policy.

7. Account security

Keep your password secret and use a strong password that you do not use elsewhere.
You are responsible for all activity under your account and your API keys, whether or not you authorised it, until you tell us about a problem.
If you suspect unauthorised access, change your password, revoke affected API keys and tell us immediately through Support in your dashboard or the contact details on our Contact page.
We may suspend sessions or API keys to protect your account and the platform.
We will never ask you for your password or your full API key.

More detail is in our Security Policy.

8. Messaging services

Subject to these Terms, the Services let you:

send single SMS to individual numbers;
send group SMS to saved contact groups;
run bulk campaigns from uploaded files or your contacts;
schedule Messages up to 90 days ahead, in Bangladesh time;
manage contacts, groups and templates;
view delivery reports, wallet transactions and invoices; and
connect your own systems through the REST API and webhooks.

Before every bulk campaign you must confirm that your recipients have consented to receive it. We store that confirmation. You must also label each campaign correctly as promotional or transactional, because different rules apply to each.

Features may change over time, and some are available only after verification or approval.

9. Masking services

Masking lets you send with an alphanumeric Sender ID that represents your brand.

You request a masking Sender ID from your dashboard. You must have approved KYC and must upload your trade licence. Our staff review every request.
A request may be pending, approved, rejected or suspended. Only approved Sender IDs can be used.
The Sender ID must represent your own business, or one you are authorised to represent. If the name differs from the trade licence holder, we may ask for further proof such as a trademark, registration certificate or authorisation letter.
Names linked to protected brands, such as banks, mobile financial services (for example bKash or Nagad), mobile operators, government bodies and regulators, are held for additional review and need written proof of authorisation.
We may share Sender ID details with Providers and operators so that the Sender ID can be registered with them. Approval is subject to their rules, and a Sender ID may be rejected, suspended or withdrawn by us, a Provider or an operator.
We do not guarantee that a Sender ID will be approved, approved within a particular time, or displayed exactly as requested on every network and handset.

See our Sender ID Policy for the full rules.

10. Non-masking services

Non-masking Messages are sent from a numeric sender provided through the platform and its Providers. You cannot choose the number, and it may differ between Messages and over time. Non-masking does not need Sender ID approval, but all content, consent and acceptable-use rules still apply. Because recipients will not see your brand name, your Message text should make clear who it is from.

11. Pricing plans

Our prices are published on the pricing page as tiers based on the recharge amount. The per-SMS rate for a recharge is set by the tier that applies at the time you recharge.
Each recharge keeps its own rate. Your balance is used oldest recharge first, and the dashboard shows the applicable rate before you send. Where rates differ by message type, the pricing page shows each rate.
We may change prices for future recharges by updating the pricing page. Balance you have already bought keeps the rate it was bought at.
The recharge amount you choose is the amount you pay; we do not add a surcharge on top.
Our prices take account of any minimum tariffs set by the telecom regulator.

12. Recharge

The Services are prepaid: you must recharge your Wallet before sending.

Pay manually by bKash or Nagad, only to the accounts shown in your dashboard, and then submit the Transaction ID and the number you paid from through your dashboard.
Our staff check each payment. A recharge stays pending until it is checked, and is then approved (your balance is credited) or rejected (with a reason where we can give one).
The minimum recharge is the lowest tier on the pricing page.
Each Transaction ID can be used only once. A request that repeats a Transaction ID already submitted is refused.
We cannot credit payments that we cannot verify, including payments sent to accounts that are not shown in your dashboard.
Submitting a false, borrowed or reversed payment, or a Transaction ID that is not yours, will lead to suspension and may be reported to the relevant authorities.
If balance is credited to your account by mistake, we may correct it, and you must not spend it.

Full details are in our Recharge & Refund Policy.

13. Balance validity

Each recharge is valid for 6 months from the date we verify and approve it. Balance from a recharge that is not used within that time expires and can no longer be used to send messages. Your oldest balance is always used first, and each recharge keeps the rate it was bought at. We remind you by email and in your dashboard 30 days, 7 days and 1 day before balance expires, and your dashboard shows the expiry date of every recharge.

Wallet balance is not a bank deposit, does not earn interest, can only be used for the Services and cannot be transferred to another account. Refunds of unused balance are covered in section 29.

14. SMS billing

The cost of a Message is the number of SMS units multiplied by the applicable rate.
A Message in standard (GSM) characters uses one unit for up to 160 characters; longer Messages are split into units of up to 153 characters. A Message containing Unicode characters, including Bangla, uses one unit for up to 70 characters; longer Messages are split into units of up to 67 characters.
When a Message is queued, its cost is reserved from your available balance.
The cost is charged only when the network or Provider accepts the Message.
Messages that are rejected or fail before acceptance are not charged, and the reservation is released.
If the outcome of a submission is unknown (for example after a timeout), the Message is marked "unknown" and reconciled with the Provider. It is never resent automatically, so recipients do not get duplicates. It is charged only if acceptance is confirmed; until then the amount stays reserved.
Messages accepted by the network are charged even if they are later reported as undelivered, unless we state otherwise on the pricing page or in your dashboard.
Invoices for your recharges are available in your dashboard.

15. API usage

API keys are shown once, when you create them. We store only a hashed form, so we cannot show a key again; if you lose it, create a new one and revoke the old one.
Keep keys secret. Never place them in public websites, mobile apps or code repositories, and revoke any key that may have been exposed.
You can limit keys with scopes and an IP allowlist, and you are responsible for configuring them sensibly.
When retrying a request, use an idempotency key so the same request is not processed twice. We are not responsible for duplicate Messages caused by retries sent without one.
The API is subject to rate limits and daily limits, which may differ between accounts. You must not try to get around them.
Messages sent through the API follow exactly the same rules as Messages sent from the dashboard, including consent, content checks, quiet hours and the suppression list.

16. Developer access

We give you a limited, non-exclusive, non-transferable and revocable right to use the API and our developer documentation to connect your own systems to the Services under your account.

If you build an integration for your clients (for example as an agency or software vendor), you remain responsible for every Message sent through your account and must make sure your clients follow these Terms.
You may not resell the Services, or offer them to others as a stand-alone SMS service, without our prior written agreement.
If you use webhooks, you are responsible for your receiving endpoint, for verifying webhook signatures and for handling the same event being delivered more than once.
You must not probe, scan, load-test, reverse engineer, scrape or interfere with the Services.
We will try to give reasonable notice of changes that would break existing integrations, unless an urgent security, legal or Provider reason requires a faster change.

17. Acceptable use

You must follow our Acceptable Use Policy, Anti-Spam Policy and Prohibited Content Policy. In short, your Messages must be lawful, truthful and relevant, must make clear who they are from, and must respect opt-outs and sending-time rules.

To protect recipients and the platform, we use compliance controls, including:

automatic content and link checks;
compliance review of campaigns. While a campaign is held for review, its cost stays reserved; if it is not approved, nothing is sent and the reserved amount is released;
rate limits and daily sending limits; and
risk monitoring and review of abuse reports.

These controls help us protect the platform. They do not move responsibility for your Messages to us, and a Message passing a check does not mean that it is lawful.

18. Prohibited use

You must not use the Services to send or support:

spam, or bulk Messages to people who have not consented, including purchased, rented or scraped lists;
phishing, fraud or scams, including fake prizes or lotteries and requests for PINs, passwords or OTPs;
impersonation of any person, brand, bank, mobile financial service, operator, government body or regulator;
false, misleading, obscene, threatening, harassing or defamatory content;
content that incites violence or religious or communal hatred, or threatens public order or the security of the state;
illegal products or services, including drugs, weapons, gambling, adult content, counterfeit goods and unlicensed financial services;
political or election messaging without our prior written approval and any approval required by law;
malware, or links to malicious or deceptive websites; or
content that infringes another person's intellectual property or privacy.

You must also not get around DND settings, the suppression list, quiet hours, limits or content checks; split or alter content to avoid filters; open new accounts to avoid a restriction or suspension; register with false information; or use another person's payment details.

Send Messages only to people who have given consent suitable for that type of Message, or with whom you have another lawful basis to communicate. Keep records of consent and give them to us if we ask.
Before each bulk campaign you confirm that your recipients have consented. We store this confirmation, and a false confirmation is a serious breach of these Terms.
Honour opt-out requests promptly, and tell recipients of promotional Messages how they can stop receiving them.
SMSGELY keeps a suppression list of numbers that must not be messaged, for example because of opt-outs, abuse reports or Provider or regulatory blocks. You cannot override it. Messages to suppressed numbers are not sent and are not charged.
Mobile operators may block promotional Messages to subscribers who have registered for DND. We do not offer any way to get around DND.
Promotional campaigns cannot be sent or scheduled during quiet hours, which by default are 00:00 to 06:00 Bangladesh time. We may change the window to reflect regulatory or Provider requirements. Promotional Messages that fall due during quiet hours are held until the window ends.

20. Sender identity

You must not misrepresent who you are. Every Message must make clear who it is from.
Use only Sender IDs that you are authorised to use. Misuse may lead to suspension of the Sender ID and your account.
Your authority to use a Sender ID must stay valid. Tell us if it changes, for example if your trade licence lapses or an authorisation letter is withdrawn. Trade licences are renewed every fiscal year, and we may ask for updated documents.

21. Intellectual property

The Services, including the software, design, documentation and the SMSGELY name and logo, belong to us or our licensors and are protected by intellectual property laws. Apart from the right to use the Services under these Terms, you receive no rights in them. You must not copy, modify, distribute, sell or reverse engineer any part of the Services.

If you send us feedback or suggestions, we may use them without any obligation to you.

22. Customer content

You keep ownership of your Customer Content. You give us a limited licence to host, process and transmit it as needed to provide the Services, comply with the law, enforce these Terms and prevent abuse.
You are responsible for the accuracy and lawfulness of your Customer Content, and for having the rights and lawful basis to upload and use it, including recipients' phone numbers.
For recipient data and Message content, we process the data on your instructions to provide the Services. For your own account and KYC data, we handle it as described in our Privacy Policy.
We do not pre-approve every Message, but our automatic checks and staff may review, hold or block content as described in section 17, or where required by law or a Provider.
We keep Message records, delivery reports and audit logs for the periods described in our Privacy Policy. Some records are kept after your account is closed where the law requires it or where they are needed to resolve disputes.

23. Third-party providers

Messages are carried by third-party SMS aggregators, gateways and mobile network operators. Their own rules, filtering, Sender ID registration processes and policies apply, and they may reject, filter, delay or block Messages or Sender IDs. We choose the Providers and routes we use and may change them without notice.

Recharge payments pass through third parties such as bKash and Nagad, and the Services run on third-party hosting infrastructure. We are not responsible for outages or errors in services that we do not control.

24. Service availability

We work to keep the Services available and reliable, but we do not guarantee that they will be uninterrupted or error-free. The Services may be affected by planned maintenance (we will give notice where practical), outages, security incidents, Provider failures and events outside our reasonable control. Scheduled Messages and campaigns may be delayed while the Services are unavailable.

25. Delivery limitations

We do not guarantee that a Message will be delivered, delivered within a particular time or displayed in a particular way.
Delivery depends on operators, aggregators and the recipient's handset. A phone may be switched off or out of coverage, the inbox may be full, or the number may be inactive or blocked.
DND settings and network policies may block or delay Messages.
Delivery reports show the status we receive from Providers. They may be delayed or incomplete, and "delivered" means the Provider reported delivery, not that the Message was read.
Messages accepted by the network are charged as described in section 14.

See our Service Disclaimer for more detail.

26. Regulatory requirements

SMSGELY operates subject to applicable laws, regulations, telecom-provider requirements and contractual restrictions. Rules set by regulators and operators, such as content rules, Sender ID rules, sending hours, minimum tariffs, language rules and the separation of promotional and transactional traffic, can change, sometimes at short notice. When they do, we may need to change features, rules or prices for future recharges, or hold or block traffic. We will tell you when it is practical to do so.

You must comply with every law that applies to your messaging, including the Bangladesh Telecommunication Act 2001, the Cyber Security Act 2026, the Personal Data Protection Act 2026 and the Consumer Rights Protection Act 2009, as amended from time to time.

We respond to valid legal requests as described on our Legal Requests page.

27. Suspension

We usually act step by step: a warning, then a restriction (for example lower limits, campaigns held for review or features turned off), then suspension, and finally termination. We may skip steps where there is serious risk, such as fraud, phishing, impersonation, false payment claims, a compromised account or a legal, regulatory or Provider requirement.

We may restrict or suspend your account if we reasonably believe that:

you have broken these Terms or any policy that forms part of them;
your account is being used for spam, fraud, phishing or other unlawful activity;
your account or API keys have been compromised;
your payment claims are false; or
the law, a court, a regulator or a Provider requires it.

While an account is suspended, you cannot send Messages, your API keys stop working, scheduled Messages are not sent and amounts reserved for unsent Messages are released back to your balance. Your Sender IDs may also be suspended. Your remaining balance is dealt with under the Recharge & Refund Policy.

Where it is lawful and safe, we will tell you the reason and give you a chance to respond through Support, and we will review your response. See our Account Suspension Policy.

28. Termination

By you. You may stop using the Services at any time and ask us to close your account through Support. Your remaining balance is dealt with under the Recharge & Refund Policy. You may also request deletion of your data as described in our Privacy Policy, subject to records we must keep by law.

By us. We may terminate your account for serious or repeated breaches, fraud or where the law requires it. If we decide to stop offering the Services altogether, we will give you reasonable notice and handle your unused balance under the Recharge & Refund Policy.

What happens on termination. Your access ends, scheduled Messages are cancelled and API keys are revoked. Your remaining balance is handled under the Recharge & Refund Policy. Amounts linked to fraud or to reversed payments may be withheld where the law allows.

Sections that by their nature should continue after termination, including those on billing, intellectual property, limitation of liability, indemnification and governing law, continue to apply.

29. Refunds

Refunds are governed by our Recharge & Refund Policy. In summary, you may ask for a refund of unused available balance (not amounts currently reserved). After verification, refunds are paid to the original payment method, less any amounts already used. Applicable transfer fees may be deducted. Apart from the automatic release of reservations for Messages that are not sent or not accepted, refunds are not made automatically.

30. Disputes

If something goes wrong, please contact Support first with the details. We will investigate using our Message records and Provider responses.
Please raise billing disputes as soon as possible, ideally within 30 days of the charge, so that records and Provider data are still available.
Both parties will try in good faith to settle any dispute informally for at least 30 days before starting formal proceedings.
If the dispute is not settled, it will be decided as set out in section 34.
Nothing in this section stops either party from seeking urgent relief from a court, or limits any right that cannot be excluded by law.

31. Limitation of liability

To the extent permitted by law:

the Services are provided "as is" and "as available", without warranties of any kind beyond those set out in these Terms;
we are not liable for indirect or consequential loss, or for loss of profit, revenue, business, goodwill or data;
we are not liable for failures or delays caused by Providers, operators, DND settings, recipients' handsets or networks, payment services, or events outside our reasonable control; and
our total liability for all claims arising from these Terms or the Services is limited to the amount you paid us for the Services in the three months before the event that gave rise to the claim.

This cap does not reduce your right to a refund of unused balance under the Recharge & Refund Policy. Nothing in these Terms limits liability for fraud, wilful misconduct or anything else that cannot be limited by law.

32. Indemnification

You will compensate SMSGELY, its owners, staff and contractors for third-party claims, regulatory fines and penalties, losses and reasonable costs (including legal fees) to the extent they arise from:

your Messages and Customer Content;
your recipient lists, or a lack of recipient consent;
your use of a Sender ID;
your breach of these Terms or the law; or
use of your account or API keys, unless it was caused by a failure in our own security.

We will tell you promptly about any such claim, allow you to take part in handling it, and will not settle it by admitting fault on your behalf without your consent.

33. Changes to these Terms

Every version of these Terms has a version number and an effective date, and we keep a record of previous versions.
We never change these Terms silently. We will tell you about changes by email or in your dashboard before they take effect.
If a change is material, for example because it affects your rights, obligations, billing or liability, you must review and accept the new version in your dashboard before you can continue sending Messages. Your acceptance is recorded as described in section 4. If you do not accept, you may stop using the Services and ask for a refund of unused balance under the Recharge & Refund Policy.
Changes that are not material, such as clarifications or corrections, take effect on the effective date shown.
If a change is required urgently by law, a regulator or a Provider, it may take effect sooner; we will tell you as soon as we can.

34. Governing law

These Terms are governed by the laws of the People's Republic of Bangladesh. Subject to section 30, the courts of Dhaka, Bangladesh have exclusive jurisdiction over any dispute arising from these Terms or the Services.

General provisions

Entire agreement. These Terms and the policies that form part of them are the whole agreement between you and us about the Services.
Severability. If any part of these Terms is found unenforceable, the rest remains in effect.
No waiver. If we do not enforce a right straight away, we can still enforce it later.
Assignment. You may not transfer your account or your rights under these Terms without our written consent. We may transfer these Terms as part of a reorganisation or transfer of our business, with notice to you.
Events outside our control. Neither party is liable for delay or failure caused by events outside its reasonable control, except for payment obligations.
Notices. We send notices to the email address on your account or through your dashboard. You can send notices to us through the channels in section 35.

35. Contact

If you have questions about these Terms, contact us through Support in your dashboard or through the contact details on our Contact page. To report misuse of the platform, use our abuse report form. Authorities should follow our Legal Requests page.

36. Important notice

SMSGELY provides messaging infrastructure and related technology services. Customers remain responsible for message content, recipient lists, recipient consent, sender identity and authorisation, campaign legality, applicable marketing, telecom and data-protection rules, and all applicable laws and regulations. SMSGELY does not authorise unlawful use of the platform.

SMSGELY operates subject to applicable laws, regulations, telecom-provider requirements and contractual restrictions.