Terms and conditions of service

1. Parties, purpose and acceptance

These terms and conditions (the “Terms”) govern the relationship between Ankarex (“Ankarex”, “we”) and the legal person or professional who creates an account on the platform (the “Customer”, “you”), and the access to and use of the website ankarex.io, the console, the API and the other services described in clause 4 (the “Service”).

The following form an inseparable part of these Terms and you accept them together: the User responsibility and acceptable use policy, the Data processing agreement and the Payments, balance and refunds policy. The Privacy policy and the Cookie policy inform you of how we process personal data. In case of conflict the following prevail, in this order: any specific agreement signed with the Customer, the Data processing agreement on personal data matters, these Terms and the remaining documents.

By ticking the acceptance boxes at sign-up, or by accepting a new version in the console, you declare that you have read and accept these Terms in the version shown. We keep proof of every acceptance: account, document, version, date and time (UTC), IP address, user agent and language.

If you do not agree with these Terms you must not register or use the Service.

2. Definitions

• Account: the Customer's personal access to the console and the API, identified by its username and verified email.
• Credentials: passwords, passkeys, sessions, verification codes and API keys associated with the Account.
• Message: each SMS the Customer asks to send to a Recipient, whatever the number of Segments it takes.
• Segment: the billing and transmission unit of an SMS. With GSM-7 encoding a message of up to 160 characters takes one segment and, if longer, each segment holds 153 characters; with Unicode (UCS-2) encoding the limits are 70 and 67 units.
• Recipient: the holder or user of the phone number a Message, a test or a lookup is addressed to.
• Sender (Sender ID): the numeric or alphanumeric identifier the Message shows on the Recipient's handset.
• Route and Provider: the technical path (carrier, aggregator or SMPP provider) through which traffic is delivered.
• DLR: the delivery receipt or status report carriers or providers return, when they return one.
• Balance: the prepaid amount in euros available in the Account.
• Customer Content: texts, senders, number lists, templates, files and any data the Customer enters or transmits through the Service.

3. Professional use only

The Service is offered only to businesses, organisations and professionals acting within their trade, business or profession. It is not offered to consumers. When registering you declare, in a separate box, that you are of legal age, have capacity to contract and act as a business or professional, or on behalf of an organisation with sufficient authority to bind it.

As this is a business-to-business relationship, consumer protection rules, including the right of withdrawal, do not apply. If at any time the Account is found to be used by a consumer, we may close it under clause 15.

We may at any time ask you to prove the identity and activity of the business (for example company name, tax identification number, address, website, contact person, use cases, sample messages and proof of consent). Until the requested information is provided we may limit or suspend the Service.

4. Description of the Service

Depending on the configuration of each Account and the available Balance, the Service includes:

• SMS sending to one or many Recipients from the console or through the API, with templates, number lists, variables, scheduling and recurring sends.
• Test Tool and manual tests: delivery tests on real handsets to check what actually reaches a phone, keeping the provider's DLR apart from the handset receipt.
• Test Routes: comparison of routes and providers per country before sending.
• HLR lookups: the technical status of numbers (for example active, unknown or unavailable, and home network), as reported by carriers.
• Content tools: assisted generation of text variants, rewrite rules and filters.
• Integrations: REST API, MCP server, API keys with scopes and IP allowlists, status webhooks and real-time notifications.
• Reporting: delivery states, failure reasons, costs, statistics and exports.

The specific features, countries, routes and prices available are shown in the console and may change. We may add, modify or withdraw features for technical, legal, security or commercial reasons. If we permanently withdraw an essential feature we will give reasonable notice unless this is impossible for reasons beyond our control.

5. Technical nature of the Service and delivery

Ankarex acts as a technical intermediary: it receives the Customer's instructions and passes them to third-party carriers and providers, who deliver the Message to the handset. We are not the originator of the content and we do not decide who it is sent to.

SMS delivery depends on factors we do not control: coverage, handset status, each carrier's policies and anti-spam filters, number portability, sender restrictions per country, congestion, permitted hours and provider availability. Therefore:

• We do not guarantee the delivery of each Message or any specific delivery time.
• DLRs are informative: carriers or providers generate them and they may be missing, late or inaccurate. A “delivered” DLR does not prove the message was read, and a missing DLR does not prove non-delivery.
• The Sender may be replaced, shortened or blocked by the destination carrier or by the rules of the country, some of which require prior registration.
• Characters may be altered on the handset depending on its support; the encoding and number of Segments are determined before sending and shown in the estimate.
• HLR and Test Tool results reflect what the network or handset reports at the time of the test and may change later.

We may choose, change or combine routes and providers to maintain the quality, security or continuity of the Service, always respecting any route the administration has fixed for your Account.

6. Registration, Account and Credentials

To use the Service you must create an Account with truthful, complete and up-to-date information and verify your email address. Only one Account per Customer is allowed unless expressly authorised; creating additional accounts to avoid limits, suspensions or controls is prohibited.

You are responsible for keeping your Credentials safe and for everything done with them. In particular you must:

• Use strong, unique passwords or passkeys and not share them.
• Create API keys with the minimum scopes needed, restrict them by IP when possible, store them securely and revoke or rotate them when no longer needed or possibly exposed.
• Not embed API keys in public applications, repositories or code running in third parties' browsers.
• Notify us immediately, and in any case within 24 hours, at [email protected] if you suspect unauthorised access.

Operations performed with your Credentials are deemed to be performed by you. We are not liable for damage arising from unauthorised use of your Credentials that is not due to a security failure attributable to us.

We may close active sessions, revoke keys or require a password change when we detect a security risk.

7. Customer obligations

You undertake to use the Service lawfully, diligently and in accordance with these Terms and the User responsibility and acceptable use policy, which forms part of them. In particular, you are solely responsible for:

• The content of each Message and the lawfulness of its purpose.
• Having a valid legal basis to process the Recipients' numbers and, where the law requires it, their prior, specific and informed consent, and being able to prove it.
• Offering and honouring a simple, free way to opt out (for example replying STOP) and not contacting anyone who has opted out.
• Using Senders you are entitled to use and registering them where the destination country requires it.
• Respecting the time windows, frequency limits and sector rules applicable in each destination country.
• Complying with the data protection, commercial communications, telecommunications, consumer and advertising laws that apply in your country and in each Recipient's country.

8. Prohibited uses and platform filters

The uses listed in the User responsibility and acceptable use policy are prohibited, including fraud, impersonation, phishing or smishing, spam, filter evasion, artificial traffic and any unlawful content or practice.

To protect Recipients, carriers and other customers, the platform applies automatic and manual controls. You accept that we may, without notice and without any right to compensation:

• Block Messages to numbers on exclusion lists, numbers detected as virtual or disposable and numbers that have complained.
• Block or rewrite words, domains, link shorteners or Senders according to content rules, including variants that try to evade them.
• Temporarily hold traffic globally or per provider, limit the sending rate and apply API request limits.
• Reject, pause or cancel campaigns showing signs of abuse, abnormal error rates or complaints.
• Manually review samples of content and metadata when necessary to investigate abuse, handle a complaint or meet a legal obligation.

These controls protect the platform and do not transfer responsibility for the content to Ankarex: a Message passing the filters does not mean it is lawful.

9. Prices, Balance and charging

The Service is prepaid. Prices are expressed in euros, with up to four decimals, per Segment and Recipient depending on the country and route, and are shown in the console. Indirect taxes apply where due.

Before each send the console shows an estimate with the number of Segments and the cost. The estimated amount is the amount charged: if you change the content or the list, the estimate is recalculated. The charge is taken from the Balance when the platform accepts the Message for sending.

The Balance cannot be negative. Without sufficient Balance, sends, tests and lookups are not accepted and the console asks you to top up. Top-up, conversion, invoicing and refund conditions are set out in the Payments, balance and refunds policy.

We may change prices at any time; new prices apply to sends accepted after their publication in the console and never to Messages already charged. Custom rates agreed for your Account remain until the administration changes them and you are notified.

10. API, integrations and technical limits

Use of the API and the MCP server is subject to these Terms, the current technical documentation and the rate, size and concurrency limits indicated or applied. You must not:

• Deliberately exceed the limits, evade them by spreading traffic across accounts, keys or IP addresses, or run load tests without prior written authorisation.
• Access the Service by means other than the published interfaces, reverse engineer it, extract data massively or interfere with its operation.
• Resell, sublicense or make the Service available to third parties as your own service without a reseller agreement signed with us.

Webhooks are sent to the endpoints you configure; you are responsible for protecting them and verifying their signature. We may stop sending them to an endpoint that repeatedly fails.

11. Availability and maintenance

We work to keep the Service available continuously, but we do not guarantee any specific availability level unless a service level agreement is agreed in writing. There may be interruptions due to maintenance, updates, provider incidents, attacks, security measures or force majeure.

We publish the service status at status.ankarex.io. Where possible we will announce in advance scheduled maintenance that may affect sending.

During a provider incident we may hold queued Messages until it is restored. If a Message already charged stays held for more than two hours because the provider of its route is disabled, it is rejected and its exact amount refunded, as set out in the Payments, balance and refunds policy.

12. Intellectual and industrial property

The software, console, API, documentation, designs, trademarks, logos and other elements of the Service belong to Ankarex or its licensors. We grant you a limited, non-exclusive, non-transferable and revocable licence to use the Service while your Account is active and in accordance with these Terms. No other right is granted.

Customer Content belongs to you or its owners. You grant us a limited licence to host, process, transmit, filter and retain it to the extent necessary to provide the Service, comply with the law, handle claims and protect the platform. You warrant that you hold the necessary rights over Customer Content, including the Senders and trademarks you use.

Text variants generated with assisted tools are delivered for your review: you are responsible for checking their accuracy and lawfulness before sending them.

If you give us suggestions or feedback about the Service we may use them freely without any obligation to compensate you.

13. Data protection

For the data of your Account and your contractual relationship, Ankarex is the controller under the Privacy policy.

For the Recipients' numbers, the content of Messages and the results of delivery, tests and lookups, you are the controller and Ankarex acts as processor on your behalf under the Data processing agreement, which is deemed accepted and signed with these Terms.

You must not enter special categories of data (health, beliefs, sexual orientation, biometric data, etc.), data of minors or full financial account data into the Service unless this is essential, lawful and agreed with us in advance.

14. Confidentiality

Each party shall keep confidential the non-public information it receives from the other (agreed prices, technical, security or commercial information) and use it only to perform the contract. This obligation does not apply to information that becomes public through no fault of the recipient, that it already knew lawfully or that must be disclosed by law or by an authority, in which case the other party will be informed where the law allows.

This obligation lasts for the relationship and five years after it ends.

15. Suspension, blocking and termination

You may close your Account at any time from the console or by writing to [email protected]. Closure gives no right to any refund: neither of charged Messages nor of the remaining Balance, which is not returned (see the Payments, balance and refunds policy).

We may immediately suspend, fully or partially, or close your Account, without notice where the seriousness justifies it, if:

• You breach these Terms or the User responsibility and acceptable use policy, in particular through fraud, impersonation, spam, network abuse or evasion of controls.
• You create or use accounts to evade a previous suspension, or circumvent the platform's systems.
• We receive complaints, requests or penalties from carriers, providers or authorities related to your traffic.
• You do not provide the identification or consent information requested.
• There is a risk to security, to the reputation of the routes or to the continuity of the Service, or signs of unlawful use.
• The law, a court or administrative order or an international sanction requires it.

During a suspension pending investigation we may hold the Balance until it concludes. If the breach is confirmed, we may apply the Balance to cover the charges, penalties and damage your traffic caused, under clause 17 and the Payments, balance and refunds policy.

We may also terminate the contract without cause on thirty days’ notice, during which you can consume your Balance; after the notice period, the remaining Balance is not returned.

Clauses that by their nature should survive (liability, indemnity, confidentiality, data protection, governing law and any outstanding debt) remain in force after termination.

16. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided “as is” and “as available”. We do not guarantee that the Service will be uninterrupted or error-free, that every Message will be delivered, or that results, reports, DLRs, HLR lookups or generated content are accurate, complete or fit for a particular purpose.

Nothing in this clause excludes warranties that cannot be excluded by law between businesses.

17. Indemnity and third-party charges

You shall indemnify and hold harmless Ankarex, its directors, employees and providers against any claim, sanction, fine, penalty, damage, cost or fee (including legal fees) arising from:

• Customer Content, the Senders used or the lack of a legal basis or consent from Recipients.
• A breach of these Terms, the User responsibility and acceptable use policy or applicable law.
• The use of your Credentials, including unauthorised use not due to a security failure attributable to us.
• Penalties, surcharges or fines carriers or providers pass on to us because of your traffic (for example for spam, fraud, artificially inflated traffic or misuse of Senders).

We may deduct those amounts from the Balance or claim them from you, after notifying you of their details.

18. Limitation of liability

To the maximum extent permitted by law:

• Ankarex is not liable for the content of Messages, their lawfulness or the consequences of sending them, nor for acts of carriers, providers or third parties.
• Ankarex is not liable for indirect or consequential damage, loss of profit, business, customers, data or reputation, nor for damage arising from non-delivery, late delivery or incorrect delivery of Messages.
• Ankarex's total liability for any claim related to the Service, for any reason, is limited to the amount actually paid by the Customer for the Service in the three months before the event giving rise to the claim.

These limitations do not apply in case of wilful misconduct or gross negligence, or in other cases where the law does not allow liability to be limited.

19. Compliance, sanctions and cooperation

You declare that neither you nor your beneficial owners or directors are included on international sanctions lists (European Union, United Nations, OFAC or other applicable lists) and that you will not use the Service for dealings with sanctioned persons, entities or territories.

We may apply fraud and anti-money-laundering measures, ask for information about the origin of funds and refuse top-ups or sends where there are signs of irregularity.

We will cooperate with competent authorities and with carriers where the law requires or to investigate abuse. We may retain and provide the necessary traffic, content and ownership data, under the Privacy policy and the Data processing agreement.

20. Notices

We will send Service communications to your verified email and to the notification inbox of the console, which you must keep operational. They are deemed received when sent to the registered email or published in your inbox.

Communications to us must be sent to [email protected]; legal matters to [email protected], privacy matters to [email protected] and abuse or security matters to [email protected].

21. Changes to the Terms

We may change these Terms and the documents forming part of them for legal, technical, security or commercial reasons. We will publish the new version with its effective date.

If the change is material, we will notify you reasonably in advance and ask you to accept the new version in the console before continuing to use it. If you do not accept it you may close your Account; the remaining Balance is not returned (see the Payments, balance and refunds policy). Changes required by law or by a carrier may apply immediately.

Continued use of the Service through the API after a new version takes effect constitutes acceptance of it.

22. Assignment and subcontracting

You may not assign the contract or your Account without our prior written consent. We may assign it to a company of our group or to an acquirer of the business, notifying you.

We may subcontract parts of the Service (hosting, connectivity, carriers, payment providers, email or content tools) while remaining liable to you under this contract and the Data processing agreement.

23. General provisions

• Force majeure: neither party is liable for failure caused by events beyond its reasonable control, such as disasters, conflicts, general network or power outages, acts of authorities, large-scale cyberattacks or carrier failures.
• Severability: if any clause is void, the rest remains in force and the clause will be replaced by a valid one with the closest possible effect.
• No waiver: failing to exercise a right does not waive it.
• Entire agreement: these Terms and the documents forming part of them are the entire agreement between the parties on their subject matter.
• Language: these Terms are published in Spanish and English. In case of discrepancy the Spanish version prevails. Translations into other languages, if any, are for information only.
• Electronic evidence: the platform's records (acceptances, sends, charges and receipts) are evidence of the operations performed, unless proven otherwise.

24. Governing law and jurisdiction

These Terms are governed by the laws of Spain. For any dispute, the parties submit, expressly waiving any other jurisdiction, to the courts of the provider's registered office, unless a mandatory rule provides otherwise.

Before going to court, the parties will try to settle the dispute in good faith for thirty days from the written notice of one party to the other.

25. Contact

For any question about these Terms write to [email protected]. The provider's identification details are in the Legal notice.