1. Introduction
These Terms and Conditions (hereinafter referred to as the “T&C”) regulate the use of the LightningMSG SMS communication service (hereinafter referred to as the “Service”).
Service Operator:
SC Saker Soft SRL-D
Tax ID: RO41417987
Registration Number: J26/150/2014
Registered office:
17/32 Infratirii Street
540559 Târgu Mureș
Mureș County, Romania
Website: lightningmsg.com
Contact email: contact@lightningmsg.com
By using the LightningMSG service, the User accepts and agrees to comply with these Terms and Conditions.
2. Service Description
LightningMSG is an online SMS communication platform that allows Users to send SMS messages through API connections, SDK integrations, or the web interface.
The Service may include the following features:
sending SMS messages through API;
sending SMS messages using the User’s own Android device;
API key management;
Webhook notification configuration;
phone number restriction and filtering rules;
SMS history and logs;
delivery status tracking;
service usage monitoring.
LightningMSG reserves the right to modify, improve, expand, or discontinue certain features of the Service.
3. Registration and User Account
A User account is required in order to use the Service.
The User must provide accurate, valid, and up-to-date information during registration.
The User is responsible for:
keeping login credentials secure;
protecting the account password;
safely managing API keys;
all activities performed through their account.
LightningMSG is not responsible for damages resulting from:
lost passwords;
disclosed login information;
unauthorized account access;
compromised or leaked API keys.
4. API Key Usage
LightningMSG allows Users to generate and use API keys for integrating the Service into external applications and systems.
API keys may only be used within the User’s own applications and systems.
It is strictly prohibited to:
share API keys with unauthorized persons;
publicly expose API keys;
sell or transfer API keys;
use API keys for attacks, abuse, or system overload attempts.
LightningMSG reserves the right to immediately suspend or disable API keys that present security risks or are used improperly.
5. SMS Sending and Delivery
LightningMSG provides technical infrastructure for sending and managing SMS messages.
The Operator makes reasonable efforts to ensure successful transmission of messages but does not guarantee delivery.
SMS delivery may depend on:
the recipient’s mobile network operator;
the recipient’s device status;
mobile network availability;
international restrictions;
internet connectivity;
operation of the Android device used by the User;
other circumstances outside LightningMSG’s control.
In certain situations, the system may automatically retry sending messages.
LightningMSG may attempt message delivery up to four (4) times; however, successful delivery is not guaranteed.
The User acknowledges that SMS messages may be delayed or may fail to reach the recipient.
6. “Own Android SMS” Service
LightningMSG provides the possibility to use the “Own Android SMS” service, where the User uses their own Android device, SIM card, and mobile subscription to send SMS messages.
LightningMSG only provides the technical infrastructure required for communication between the system and the Android device.
The User is responsible for:
maintaining the Android device operational;
providing an active SIM card;
paying mobile operator charges;
complying with mobile operator terms;
using the Service legally.
LightningMSG is not responsible for:
limitations imposed by mobile operators;
mobile subscription costs;
SIM card blocking or suspension;
hardware or software failures;
internet connection issues;
interruptions caused by external services.
LightningMSG reserves the right to restrict or suspend the Service if abusive, automated, spam-related, or improper usage is detected.
7. SMS Sending Restrictions
LightningMSG provides the ability to configure custom rules for limiting the phone numbers to which SMS messages may be sent.
The User may configure:
allowed phone number formats;
blocked phone number formats;
prefix-based restrictions;
country-based restrictions;
other custom filtering rules.
The User is solely responsible for the correct configuration of these rules.
LightningMSG is not responsible for rejected, failed, or undelivered messages resulting from incorrect configurations made by the User.
8. Webhook Service
LightningMSG provides the possibility to configure Webhook notifications to external systems.
The User may configure an external URL where the system will send notifications when the status of an SMS message changes.
The User is responsible for:
the accuracy of the provided Webhook URL;
the availability of their own system;
the security of the configured endpoint;
the correct processing of received notifications.
LightningMSG does not guarantee successful delivery of Webhook notifications if the receiving system is unavailable, unreachable, or returns errors.
For troubleshooting, security, and auditing purposes, LightningMSG may store:
the Webhook URL;
transmission time;
received HTTP status code;
response returned by the external system;
technical error information.
9. Service Availability
LightningMSG makes reasonable efforts to maintain a stable and reliable Service.
However, LightningMSG does not guarantee uninterrupted, error-free, or continuous availability of the Service.
Service availability may be affected by:
maintenance activities;
software updates;
network failures;
infrastructure issues;
third-party service interruptions;
force majeure events.
LightningMSG is not responsible for damages resulting from such situations.
10. Maintenance and Updates
The Operator reserves the right to perform maintenance, updates, modifications, or improvements to the Service.
During such operations, certain features may become temporarily unavailable or limited.
LightningMSG will make reasonable efforts to minimize downtime, but cannot guarantee that interruptions will never occur.
11. Limitation of Liability
The LightningMSG Service is provided on an “as available” and “as is” basis.
LightningMSG shall not be liable for:
financial losses;
loss of profit;
data loss;
business interruption;
indirect damages;
failed or delayed SMS delivery;
issues caused by mobile network operators;
failures of external systems.
Under any circumstances, the total liability of LightningMSG shall not exceed the amount actually paid by the User for the Service during the previous twelve (12) months.
11/A. Service Does Not Represent a Certified Delivery Service
The SMS service provided by LightningMSG represents a technical communication channel for transmitting messages.
The Service does not represent:
a certified electronic delivery service;
an official notification system;
a legally binding proof-of-delivery method.
LightningMSG does not guarantee that an SMS message:
is received by the recipient;
is read by the recipient;
becomes known to the recipient;
is correctly processed by the recipient’s device.
Successful transmission or a technical delivery status does not constitute legally valid proof of communication or receipt.
The User acknowledges that the Service must not be used where legislation requires official communication or certified delivery confirmation.
12. Prohibited Use
The LightningMSG Service may only be used for lawful purposes.
The User is prohibited from using the Service for:
sending spam messages;
phishing activities;
fraud;
deception;
harassment;
threats;
promoting illegal products or services;
distributing malicious software;
activities violating applicable laws.
The User is solely responsible for the content of all messages sent through the Service.
13. Spam and Abuse Prevention
LightningMSG applies a zero-tolerance policy regarding spam and abusive use of the Service.
The Operator may investigate situations including:
unusual traffic patterns;
suspicious message volumes;
complaints from recipients;
requests from authorities;
reports from telecommunications providers.
During investigations, LightningMSG may temporarily restrict access to the Service.
In case of serious or repeated violations, the User account may be suspended or terminated.
14. Account Suspension and Termination
LightningMSG may suspend or terminate a User account in cases including:
violation of these Terms and Conditions;
illegal activities;
abusive API usage;
spam activity;
providing false information;
failure to pay required fees;
security risks to the platform.
LightningMSG may immediately restrict access when necessary to protect the Service or other Users.
15. Service Packages and Fees
LightningMSG may provide different service packages.
The details, pricing, and included features of each package are displayed on the website.
LightningMSG reserves the right to:
introduce new packages;
modify existing packages;
change pricing;
discontinue certain services.
Changes will not affect already purchased services unless required by applicable law.
16. Logging and Auditing
For security, reliability, troubleshooting, and compliance purposes, LightningMSG may store:
login activity;
API requests;
SMS events;
Webhook events;
system errors;
IP addresses;
technical identifiers.
Logging purposes include:
troubleshooting;
security analysis;
abuse prevention;
auditing;
legal compliance.
17. Personal Data Processing
LightningMSG processes personal data according to its Privacy Policy.
The User acknowledges that certain personal and technical information is necessary for providing the Service.
Detailed information regarding data collection, usage, storage, and protection is provided in the Privacy Policy document.
17/A. User Responsibility for Transmitted Data and Message Content
The User is solely responsible for all data, messages, and content transmitted through the LightningMSG platform.
The User must ensure that messages:
comply with applicable laws;
are sent lawfully;
do not violate third-party rights;
do not contain prohibited content.
The User must not use the Service for transmitting the following information without an appropriate legal basis:
special categories of personal data;
medical information;
banking information;
payment card details;
passwords;
authentication credentials;
other sensitive information.
LightningMSG provides technical infrastructure for message transmission but does not pre-screen message content and is not responsible for its legality.
The User is responsible for obtaining all necessary permissions or consents from recipients where required.
If the User’s use of the Service causes claims, penalties, investigations, or damages against LightningMSG, the User agrees to indemnify and protect the Operator against such consequences.
18. Intellectual Property
The LightningMSG website, software, applications, SDKs, API documentation, graphics, design elements, and all related materials are protected by copyright and intellectual property laws.
The User is not permitted to:
copy the Service;
modify the software;
perform reverse engineering;
redistribute any part of the Service without authorization;
resell the Service without written permission from the Operator.
The LightningMSG name, logo, and related identifiers are the property of the Operator.
19. Force Majeure
LightningMSG shall not be held responsible for events beyond its reasonable control.
Such events include, but are not limited to:
natural disasters;
fires;
power outages;
internet or network failures;
telecommunications provider failures;
cyberattacks;
wars;
conflicts;
strikes;
government actions;
failures of third-party services.
Service interruptions caused by such events shall not be considered a breach of these Terms and Conditions.
20. Applicable Law and Dispute Resolution
These Terms and Conditions shall be governed by the laws applicable in Romania.
The parties shall attempt to resolve any disputes amicably.
If an amicable solution cannot be reached, disputes shall be resolved by the competent courts of Romania according to applicable law.
21. Changes to Terms and Conditions
LightningMSG reserves the right to modify these Terms and Conditions when necessary.
Changes will be published on the website and shall become effective from the date of publication unless another date is specified.
Continued use of the Service after publication of changes constitutes acceptance of the updated Terms and Conditions.
22. Effective Date
These Terms and Conditions become effective on the date of publication on the website.
Last updated: ____________
Version: 1.0
22/A. Right of Withdrawal for Digital Services
Services provided by LightningMSG are considered digital services.
By activating a service, generating an API key, purchasing a package, or using the Service, the User expressly agrees that service delivery may begin immediately.
After the beginning of service provision, the User may lose the right of withdrawal to the extent permitted by applicable consumer protection and digital service regulations.
This provision does not limit any mandatory rights granted to consumers by applicable law.
22/B. Indemnification and Assumption of Responsibility
The User agrees to use the LightningMSG Service only for lawful purposes.
The User is responsible for:
the content of sent messages;
lawful use of the Service;
compliance with electronic communication regulations;
compliance with data protection regulations;
obtaining required permissions from recipients.
If the User’s activities cause the Operator:
financial losses;
fines;
claims;
legal proceedings;
additional expenses;
damages of any kind,
the User agrees to fully indemnify and protect LightningMSG against such consequences.
Indemnification may include:
regulatory fines;
legal fees;
representation costs;
consulting expenses;
third-party claims;
direct damages suffered by the Operator.
The Service Provider shall be entitled to enforce a claim against the User for the reimbursement of such damages and costs.
