These Terms of Service (“Terms”) govern your access to and use of the MercurySend platform, website, dashboard, mobile apps, API and email-to-text service (the “Services”), operated by BigSMS Pty Ltd (“MercurySend”, “we”, “us”). By creating an account or using the Services, you agree to these Terms. If you are using the Services on behalf of an organization, you represent that you are authorized to bind that organization.
The Services
MercurySend lets businesses send and receive SMS and MMS with their customers and staff from a shared inbox, by email, or programmatically through our API, with consent and carrier compliance handled on every send. We may add, change or remove features over time.
Accounts & eligibility
- You must be at least 18 years old and use the Services for business purposes.
- You must provide accurate account and registration information and keep it up to date, including information used for sender and 10DLC / brand-and-campaign registration.
- You are responsible for your account, your users, and for keeping your credentials and API keys secure. Notify us promptly of any unauthorized use.
Your compliance responsibilities
Messaging is heavily regulated, and you are responsible for using the Services lawfully. You agree that:
- You will only message recipients from whom you have obtained the consent required by applicable law and carrier rules, and you will keep records of that consent.
- You will honor opt-out requests, will not attempt to circumvent STOP/HELP handling, quiet hours or other compliance controls, and will keep your sender registrations accurate.
- You will not use the Services to send spam, or to send unlawful, deceptive, harassing, or prohibited content (including content that is fraudulent, hateful, sexually exploitative, or that promotes illegal goods or activities).
- You are responsible for the content of the messages you send and for compliance with laws applicable to you and your recipients (such as the TCPA and carrier 10DLC rules in the US, the Spam Act and ACMA requirements in Australia, and similar laws elsewhere).
We enforce a consent and content-safety gate on every send and may block, hold for review, rate-limit, suspend or terminate sending that violates these Terms, our policies, carrier rules or the law.
Messaging & delivery
Message delivery depends on mobile carriers and other providers outside our control. We do not guarantee that any message will be delivered, or delivered without delay, and carriers may filter or block traffic. Message and data rates may apply to you and your recipients.
Credits, billing & fees
- The Services are billed on a prepaid credit and/or subscription basis as shown at sign-up and in your account. Purchased message credits do not expire.
- Usage is metered per message based on segments and destination, and carrier costs are passed through as described in your account.
- Fees are exclusive of taxes unless stated otherwise; you are responsible for applicable taxes. Card payments are handled by Stripe.
- Except where required by law, fees and used credits are non-refundable. We may change pricing on a going-forward basis with notice.
Acceptable use
You will not misuse the Services, including by: attempting to gain unauthorized access to the Services or other accounts; interfering with or disrupting the Services; reverse-engineering except as permitted by law; reselling the Services except under an authorized reseller arrangement; or using the Services to violate the rights of others. We may investigate and take action, including suspension or termination, for violations.
Intellectual property
The Services, including our software, branding and content, are owned by BigSMS Pty Ltd and its licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription. You retain ownership of your own content and data; you grant us the rights needed to operate the Services and deliver your messages.
Suspension & termination
You may stop using the Services at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, or create risk or legal exposure for MercurySend, our carriers or other users. On termination, your right to use the Services ends; provisions that by their nature should survive (such as payment obligations, disclaimers, limitations of liability and indemnities) will survive.
Disclaimers
The Services are provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and we do not warrant that the Services will be uninterrupted, error-free or that messages will be delivered. Nothing in these Terms excludes rights or guarantees that cannot be excluded under applicable law, including the Australian Consumer Law.
Limitation of liability
To the maximum extent permitted by law, MercurySend will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability arising out of or relating to the Services will not exceed the amount you paid us for the Services in the three months before the event giving rise to the claim.
Indemnity
You agree to indemnify and hold harmless MercurySend and its personnel from claims, losses and expenses (including reasonable legal fees) arising from your content, your use of the Services, or your breach of these Terms or of applicable law, including messaging and consent laws.
Governing law
These Terms are governed by the laws of Australia, and you submit to the non-exclusive jurisdiction of the courts of Australia, without regard to conflict-of-laws rules. Nothing in this section limits mandatory consumer protections available to you where you live.
Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the date above and, where appropriate, notify you through the Services. Your continued use of the Services after an update means you accept the revised Terms.
Contact us
Questions about these Terms can be sent to BigSMS Pty Ltd at support@mersend.com.