This Acceptable Use Policy and Agreement (Agreement) is a binding agreement between Intergo Telecom Ltd, a company registered in Cyprus and whose registered office is situated in Tepeleniou 17, Office 102-103, 8010 Paphos, Cyprus, operators of TextCall (hereinafter referred to as ‘us’, ‘we’, ‘our’) and you as a user of the services (meaning the communications services described in clause 5, hereinafter “Service”, “Trial Service”, or collectively the “Services”) we provide.
TextCall is a unified communications platform provided by Intergo Telecom Ltd, bringing together messaging (SMS, WhatsApp, Viber, Telegram and RCS), voice, verification, phone numbers and related services through a single platform and API.
By accessing, registering for, or using the Services (including by clicking ‘sign up’, ‘create account’ or any similar buttons, or by signing an order form), you, as a user of the Services and any legal entity on behalf of which you are using the Services, acknowledge that you have read, understood, and agree to comply with this Agreement.
It is important that you understand your responsibilities and the limitations to the Services which you choose to use. Our Services are diverse and as a result additional service specific terms may apply.
This Agreement may change from time to time. You should review the terms of this Agreement regularly. By continuing the use of our Services, you accept the updated Agreement automatically. We will indicate the date of the latest update of this Agreement at the end of the document.
By accepting this Agreement, you wish to use TextCall Services either as a paying customer (“Customer”) or as a non-paying customer (“Non-Paying Customer”).
By applying for the Services through our online registration form or by contacting our sales team, you may initially receive access to the Trial Service in accordance with this Agreement and until we decide otherwise at our sole discretion.
This Agreement is intended for business use only. The Services are not offered to consumers (natural persons acting outside their trade, business or profession).
The acceptance of this document means that you entered into a binding agreement, and these terms apply to all records relating to all transactions you enter into on the TextCall website and platform, including notices of cancellation, policies, contracts and applications.
You are responsible for any hardware or software required to access or retain such records. You may not accept this Agreement or use the Services if you are not of legal age to form a binding contract or if you are otherwise prohibited by law from using the Services.
TextCall is provided on a pay-as-you-go basis. Unless an order form signed or accepted by both parties specifies a committed term or a committed minimum volume or spend (a “Commitment”), there is no minimum term, no minimum spend and no early termination charge. The Agreement begins on the date you begin using the Service or Trial Service (the “Start Date”) and continues until terminated in accordance with this Agreement.
You may terminate the Agreement at any time by giving us not less than seven (7) days’ written notice, or by closing your account through the platform where that function is available. We may terminate the Agreement for convenience by giving you not less than thirty (30) days’ written notice (see clause 10). Termination does not relieve you of your obligation to pay Charges incurred up to the termination date.
Where an order form specifies a Commitment and you terminate before the end of the committed term (other than under a right to terminate set out in this Agreement), you must pay the shortfall between the Charges you have paid for the committed term and the Commitment, calculated for the remaining months (or part thereof) of that term. This paragraph does not apply to Non-Paying Customers.
Either party may also terminate this Agreement with immediate effect by notice to the other party if:
We may terminate the Agreement immediately upon notice in the event that any relevant legislation or regulation is implemented or modified with the effect that it is no longer commercially viable or possible for us to make the Services available.
If You use the Trial Service, You acknowledge that We may cease providing it at any time, temporarily or permanently, without notice.
Termination of the Agreement for any reason does not affect any rights that have accrued to either party under the Agreement up to the date of its termination and those terms and conditions of the Agreement that are by their nature capable of surviving termination will continue in full force and effect following such termination.
On termination of the Agreement:
We may, in our own sole discretion, offer you the option to terminate for convenience on different terms in a separate written agreement or order form. In case of any conflict between such agreement and this clause, the separate agreement shall prevail.
The Service enables Paying Customers to use our communications services as set out as part of your online registration or order form, which may include any of the following:
Any message submitted or delivered, call placed or connected, verification completed, lookup performed, Number allocated or other billable action, on the basis set out in clause 6 and the applicable rates, shall be referred to as a “Chargeable Event”.
The Trial Service will enable Non-Paying Customers to:
Some or all elements of the Services and the Trial Service may be accessed via a web application, an API, a software tool and/or a web service more particularly described on our website at https://textcall.com and in our API documentation.
We reserve the right to introduce, modify or withdraw specific features of the Service or Trial Service (such as trial limits, feature availability, supported channels or access methods), provided that such changes do not reduce the overall functionality of any paid Service during the period for which you have already paid, unless required to do so by law, regulation, or requirements of a Network Operator or channel provider.
Numbers are allocated subject to the numbering plans and regulations of the issuing country. You acquire a right of use only; no ownership or property right in any Number is transferred to you. You must provide accurate and complete information and documentation required by the numbering authority or our suppliers for each Number (for example proof of identity, local address or local presence) and keep it up to date. Use of a Number must be consistent with its type and with the rules applicable to it.
We may withdraw, replace or reassign a Number where required by a regulator, supplier or numbering authority, where you fail to meet the applicable requirements, or where the Number is not used or is used in breach of this Agreement. Where practicable we will give you reasonable notice. Number rental and set-up charges apply as set out in the applicable rates.
Your use of WhatsApp, Viber, Telegram and RCS through the Services is additionally subject to the terms, business and commerce policies, template approval processes and quality requirements of the relevant channel provider (including Meta, Viber, Telegram and Google), as amended from time to time. Channel providers may restrict, suspend or terminate your access to their channel, and we are not responsible for their decisions.
The provisions of this clause apply to Paying Customers only.
You agree to pay all Charges due to us for the provision, access, and use of the Service (“Customer Charges”), in accordance with this Agreement and the rates set out in your rate deck, order form or account dashboard. TextCall is priced on a usage basis, by channel, destination, message type and volume. The pricing page on our website (https://textcall.com/pricing/) shows indicative “starting from” rates and billing models only; it is not a price list or an offer, and the rates applicable to you are those we agree with you or make available to you in your account.
Each Chargeable Event is charged on the basis shown below, as further specified in your rate deck or order form:
| Service | Charged per |
|---|---|
| SMS | Submission: each message submitted to the network, by destination. Long messages are charged per segment. |
| Voice OTP | Submission: each verification call placed, by destination. |
| Delivered message or conversation, by category (marketing, utility, authentication) and destination. | |
| Viber | Delivered message, by destination. Optional SMS fallback is charged at SMS rates. |
| RCS | Delivered message, by destination. SMS fallback is charged at SMS rates where used. |
| Voice and SIP trunks | Minute, by destination and route. Concurrent channels and DID rental are charged separately. |
| Verify API | Successful verification. Failed or timed-out attempts are not charged. Underlying channel fees may apply. |
| Number Lookup (HLR) | Lookup, in real time. Volume tiers may apply to list cleansing and batch use. |
| Phone Numbers | Monthly rental per Number, by type (local, national, toll-free, mobile) and country, plus any one-off set-up charge. |
Unless otherwise agreed in writing, Customer Charges are payable in advance: you top up your account balance, and each Chargeable Event reduces your balance by the applicable Charge. Where we agree invoicing terms with you in an order form, Customer Charges are invoiced monthly in arrears and are payable within fourteen (14)/thirty (30) days of the invoice date.
You are solely responsible for monitoring your balance (or credit limit) and for ensuring that it is sufficient to meet your requirements from time to time. We are not liable if Chargeable Events are rejected, delayed or suspended because your balance is insufficient.
For the avoidance of doubt: (a) where a Chargeable Event is charged on submission (for example SMS and Voice OTP), a Charge is incurred whether or not the message is delivered or the call is answered, including where it is rejected or filtered downstream by a Network Operator after submission; (b) where a Chargeable Event is charged on delivery or on success (WhatsApp, Viber, RCS and Verify API), no Charge is incurred for undelivered messages or for verifications that fail or time out, but underlying channel fees may apply as set out in your rate deck; and (c) where SMS fallback is used for Viber or RCS messages, the fallback is charged at SMS rates.
Voice and SIP trunk traffic is charged per minute in accordance with the billing increments, minimum charges and destination or route rates set out in your rate deck. Concurrent channels and Number rental are charged separately. Number rental is charged monthly for as long as the Number is allocated to you, together with any one-off set-up charge.
If You fail to pay Customer Charges, we may suspend your access to the Service until all outstanding Charges are paid.
You are responsible for all bank and finance charges. Amounts received by us must equal the full amount due. Charges are exclusive of VAT and any other applicable taxes, which you will pay in addition where applicable.
Top-up payments are non-refundable, except: (a) for unused prepaid balance on termination, as set out in clause 4; (b) where we have failed to provide the Services in accordance with this Agreement; or (c) as required by mandatory law.
The pricing of TextCall services, including but not limited to message, call and verification delivery fees, is subject to change at any time in response to market conditions, changes in supplier costs, regulatory fees, or other external factors. Changes to the rates that apply to you take effect as set out below, and continued use of the service after the effective date constitutes acceptance of the revised pricing.
The rates that apply to you are those set out in your rate deck, order form or account dashboard. The pricing page at https://textcall.com/pricing/ shows indicative starting rates only, and rates individually agreed with you apply in place of any indicative rate until changed in accordance with this clause. We will give you not less than seven (7) days’ notice of any increase to the rates in an agreed rate deck or order form, except where the change is imposed on us by a Network Operator, channel provider, supplier or regulator at shorter notice, in which case it may take effect immediately. You may stop using the Services at any time in accordance with clause 4.
In addition, pricing information may be programmatically retrieved at any time via the TextCall API, where made available in the API documentation, enabling real-time rate checks directly from your systems.
After the Trial Service session is completed, you may request access to the full Service and become a Paying Customer.
A member of our account management team will be assigned to You once you begin using the Trial Service or the Service.
Service terms will be provided in writing. If there is any conflict between this Agreement and subsequently issued service-specific terms or an order form signed by both parties, the latter will prevail.
You are solely responsible for the configuration of your account, including API keys, sender IDs, caller line identification, routing choices, fallback settings, call recording settings and any authentication settings. You must ensure that persons who access the account on behalf of you are authorized to do so.
To provide our services, we may require certain information, including information and documents we need to verify your business, your use case, your intended destinations and, for Numbers, the regulatory information referred to in clause 5. You must ensure that the information is complete and accurate. We may suspend or terminate any service if you give information that is not complete and accurate. You warrant that all information you provide to us is complete and accurate. You must immediately notify us if any of your information changes.
We will provide or request that you create a username, customer ID, and password, and API credentials. We may change or suspend these credentials as needed for security.
You are obliged to:
We recommend the use of multi-factor authentication (MFA) where available, and you acknowledge that failure to use appropriate security measures may increase your exposure to risk.
We will make the Services available to You as either a customer and/or a Non-Paying Customer using reasonable skill and care. You do however acknowledge and agree that the availability of the Services, your ability to access and/or use the Services and the conducting of any given Chargeable Event may depend upon factors beyond Our reasonable control, including (but not limited to):
We cannot therefore guarantee:
We will not be in any way liable for any failure to make the Services available to you to the extent that such failure results from a technical or other failure on the part of any Network Operator, channel provider or any other event which is beyond our reasonable control. We provide all services “as is” and “as available”, and we hereby do not warrant, represent or guarantee, whether expressly or by implication, that any Services are free of errors or interruptions, always available, fit for any purpose, secure or do not infringe any third party rights, except as set out in this clause 10.
Subject to the exclusions in this clause 10, we will use commercially reasonable efforts to make the TextCall platform available at least 99.9% of the time in each calendar month, measured on our platform and APIs and excluding scheduled maintenance, Trial Service access, features designated as beta, and unavailability caused by Network Operators, channel providers, your systems or configuration, suspension in accordance with this Agreement, or events beyond our reasonable control.
We may, at our sole discretion, alter or improve the Services we provide to you at any time, provided that any such alteration does not materially affect the nature or detract from the functionality of the Services.
It may be necessary from time to time for us to suspend the Services that we provide to you for routine or emergency maintenance and/or repairs and we will, in so far as it is reasonably possible, provide you with a reasonable period of notice prior to any such suspension.
We may at our sole discretion suspend your access to the Services and/or cease to allow any Chargeable Events to be conducted by you at any time. We may also terminate this Agreement for convenience at any time by giving you not less than thirty (30) days’ written notice. In that case, notwithstanding clause 4, no early termination charge will apply and we will refund any unused prepaid balance.
In the event that you fail to comply with this Agreement we may suspend the services and/or your access to the services.
Without prejudice to the above, where reasonably practicable we will use commercially reasonable efforts to notify you in advance of any planned maintenance windows and to minimise disruption.
Unless otherwise agreed, we provide online technical support 24/7 via email at support@textcall.com.
You will at all times keep confidential all information acquired as a consequence of using Our Services, except for information already in the public domain or information which You are required to disclose by law, requested by any Regulator or reasonably required by your professional advisors for the performance of their professional services.
Each party will comply with all applicable data protection laws in the processing of any personal data, including the telephone numbers of your end-users to whom Chargeable Events will be sent, or from or to whom calls are made, as a consequence of making the Services available to You, and the content of those communications, call recordings and transcripts (such personal data referred hereto collectively as “End-User Data”), under or in connection with the Agreement. Please see our full Privacy Statement (published on our website as the Privacy Policy) at https://textcall.com/privacy-policy/.
We will treat your End-User Data as confidential and will not disclose it to any third party or use or copy any part of it except for the purposes of making the Services available to You and providing any technical support required, and except as permitted by the DPA or required by law. We will make no further use of your End-User Data without your specific authorization, save for the processing of traffic, billing and routing data that we carry out as an independent controller for billing, fraud prevention, network and information security and compliance with our legal obligations, as described in our Privacy Statement.
Where we process personal data on your behalf, the Parties agree that you act as a ‘Controller’ and we act as ‘Processor’ within the meaning of the EU General Data Protection Regulation (GDPR). That processing is governed by our Data Processing Terms published at https://textcall.com/dpa/ (the “DPA”), which are incorporated into and form an integral part of this Agreement, and which you accept by accepting this Agreement. No separate signature is required; a countersigned copy is available on request. If any conflict arises between this Agreement and the DPA regarding data protection, the DPA shall prevail. Where you and we have signed a separate data processing agreement, that agreement prevails over the DPA.
You are solely responsible for giving the notices and obtaining the consents required by applicable law before you record, monitor or transcribe any call made or received through the Services, or enable call recording or AI transcription features, including in relation to all participants in the call.
Each party may list the other as a client or supplier (name and logo only) in standard customer lists and pitch decks without prior consent, but any case studies, quotes, or detailed public references (including press releases and blog posts) will require prior written consent.
You warrant that You will not:
In addition, you must not use the Services to:
When using voice services (including SIP trunking, click-to-call, the predictive dialer, and voice OTP) you must in addition: (i) transmit a valid, accurate caller line identification (CLI) that you are entitled to use, and not spoof, falsify or manipulate it; (ii) comply with all rules on automated dialling, pre-recorded and artificial voice calls, abandoned-call rates, calling hours and do-not-call or opt-out registers applicable at the origin and the destination of the call; (iii) not use the Services to make calls that are harassing, threatening or repeated without a legitimate purpose; (iv) not use the Services to make or interfere with emergency calls except where expressly supported by us in writing; and (v) comply with applicable law on call recording and monitoring.
The Verify API and voice OTP must be used only to deliver one-time passcodes and verification messages requested by an end-user in the course of authentication or transaction verification, and must not be used to send marketing or other unrelated content. Number lookup and number intelligence features must be used only for legitimate purposes such as validating numbers and routing, and must not be used to harvest data, build contact lists for unsolicited communications, or track or profile individuals unlawfully.
If your business or your own customers operate in a regulated sector (for example gambling and gaming, foreign exchange and contracts for difference, investment or other financial services, pharmaceuticals, alcohol, tobacco or cannabis), you must hold all licences and authorisations required for the activity and the markets in which you communicate, you must include all disclosures, age restrictions and other conditions required by applicable law, and you must not send such traffic to destinations in which it is prohibited or in which you are not licensed. We may request evidence of licences and may restrict destinations or content types accordingly.
You are responsible for the acts and omissions of your own clients and end-users who use the Services through your account as if they were your own. You may not resell the Services or provide them to third parties as a wholesale or carrier service except as expressly agreed in writing.
You warrant that neither you nor, to your knowledge, your clients are the subject of sanctions administered by the European Union, the United Nations, the United States, the United Kingdom or any other authority applicable to us, and that you will not use the Services in or for the benefit of any sanctioned country, territory, person or entity, or in breach of any export control law. We may suspend or terminate the Services immediately where necessary to comply with sanctions or other legal requirements.
We may monitor traffic patterns and metadata, apply automated filtering and investigate suspected breaches of this clause. Without prejudice to our other rights, we may filter, block or delay traffic, suspend or withdraw Numbers, sender IDs, channels or your account, terminate this Agreement, report unlawful activity to Network Operators, channel providers, regulators and law enforcement, and pass to you any charges, fines or penalties imposed on us as a result of your traffic. Suspension or termination under this clause does not entitle you to any refund.
You will at all times during the continuation of the Agreement:
You will, upon request, provide Us or any Network Operator or Regulator with any information relating to your use of the Services that the requesting party reasonably requires. You are responsible for ensuring that any information relating to your end-users, including (but not limited to) your end-user Data, is accurate and complete.
You will not state or imply any approval by Us of any particular Chargeable Event that You send or make using the Services or refer to Us in any way without Our prior written approval.
Where requested by Us, You will promptly provide Us with a representative Forecast of your Service and/or Trial Service needs for the requested period, including (but not limited to) all reasonable details required for Us to plan network capacity requirements.
We may, at Our sole discretion cease to convey, and You will promptly cease to transmit at Our request, any Chargeable Event.
You warrant that You are the sole owner or licensor of all rights in your End-User Data or You have obtained all necessary rights, licenses and consents from all relevant third parties to enable You, Us and Our sub-contractors to use the End-User Data for the purposes of the Agreement.
We will not be in any way liable for the content of any Chargeable Events sent or transmitted using the Service and the full responsibility for their content shall rest on you. You must observe all relevant legislation and regulations applicable in your jurisdiction and in the jurisdiction of all persons with whom you communicate directly when using the Service.
We shall at all times in respect of the subject matter of this Agreement comply with all applicable laws, regulations and rules having equivalent effect.
You shall be responsible for explaining and answering to any complaints that we receive from any relevant regulatory body resulting from your use of the Service and/or Trial Service. We will forward any complaints to you as soon as it is reasonably possible. You must follow the applicable complaint procedures and respond to each complaint within the timeframes specified by the relevant regulatory body and must forward a copy of your response to us immediately. You will be liable for any fines and/or penalties imposed by any regulatory body against you or us or any of our associated companies, due to your contravention of this Agreement.
15.1 Nothing in this Agreement limits or excludes either party’s liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, your obligation to pay the Customer Charges, your indemnity under clause 15.5, or any other liability that cannot be limited or excluded under applicable law.
15.2 Subject to clause 15.1, we will not be liable to you (whether as a Customer or a Non-Paying Customer) for any: (a) indirect, incidental, special, consequential or punitive loss or damage; (b) loss of profits, revenue, business, contracts, turnover, anticipated savings or goodwill; (c) loss or corruption of data, or unauthorised access to or alteration of your registration data or account information; or (d) cost of procuring substitute goods or services, in each case whether or not foreseen or foreseeable and even if we were advised of the possibility of such loss.
15.3 Subject to clause 15.1, our total aggregate liability to you arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total Customer Charges paid by you in the twelve (12) months immediately preceding the event giving rise to the claim or, where you have used only the Trial Service, one hundred euro (EUR 100).
15.4 The exclusions and limitations in this clause 15 apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and apply even if a remedy under this Agreement fails of its essential purpose. They are in addition to the provisions of clause 10 (Availability and Interruption of the Service) and clause 17 (Force Majeure).
15.5 You will indemnify and hold harmless us, our affiliates and our and their respective officers, directors, shareholders, employees, agents, successors and assigns from and against all claims, demands, losses, liabilities, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the website and/or the Services, including the content of any Chargeable Event sent or call made using your account; (b) your breach of this Agreement, including clause 14 (Rules of Use), or of any applicable law, regulation or Code; (c) any information you provide to us being inaccurate or incomplete; (d) any use of your username, customer ID, password, API keys or account information by you or by any third party, except to the extent caused by our failure to comply with our security obligations; and (e) any fine, penalty or surcharge imposed by any Regulator, Network Operator or channel provider on us or our affiliates as a result of your contravention of this Agreement.
15.6 Each party acknowledges that it has not entered into this Agreement in reliance on any representation (other than a fraudulent representation), warranty or other term except as expressly set out in this Agreement, and all conditions, warranties and other terms implied by statute, common law or otherwise are excluded to the greatest extent permitted by law.
We may grant you an individual, personal, non-exclusive and non-transferable license (“the License”) to use our proprietary software, APIs or application service, in object code form only, and only in accordance with the applicable Service Specific terms and other documentation, if any, and only in conjunction with the relevant services. You may not reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of our software; modify, translate, or create derivative works based on the software or application; copy, rent, lease, distribute, assign, or otherwise transfer rights to the software or application; or remove any proprietary notices or labels with regard to our services. We retain ownership of all proprietary applications, software, intellectual property and any portions or copies thereof, and all rights in it. You will notify us of any suspected infringement of our intellectual property of which you become aware and will take all reasonable action as we may direct in relation to that suspected infringement where such is directly and specifically related to the services, we provide you.
These Licenses terminate when our contract with you ends and you must destroy and stop using all our software and applications in your possession. The software is provided, and applications are offered “as is” and subject to the service warranty disclaimers and limitations of liability in clauses 10 and 15 of this Agreement. It is your responsibility to test the services before entering this contract.
Neither party will be liable for any delay in the performance of or any failure to perform any of its obligations under this Agreement that is caused by any event which is beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of necessary telecommunications, data communications and/or computer services, power supply failures or shortages, acts or omissions of third parties (including, but not limited to, Network Operators and channel providers), acts of government or Regulators or telecommunications network congestion.
Neither party will assign, transfer or sub-contract either in whole or in part any of its rights or obligations under the Agreement without the other party’s prior written consent (not to be unreasonably withheld or delayed), provided that we shall be entitled without your prior written consent to assign, transfer or sub-contract in whole or in part any of its rights or obligations under the Agreement to any affiliated company; any sub-contracting that involves the processing of End-User Data on your behalf is subject to the sub-processor provisions of the DPA.
If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect.
This Agreement shall be governed by and construed in accordance with laws of the Republic of Cyprus and the parties hereto submit to the exclusive jurisdiction of the Courts of Paphos, Cyprus for the purpose of enforcing any claim arising hereunder, unless otherwise mandatorily required under applicable law.
Notices to you under this Agreement or the DPA may be given by email to the primary email address associated with your account or by notice in your account dashboard and are deemed received on the business day after they are sent. You must keep your account email address up to date.
Notices to us must be sent by email to support@textcall.com or, for data protection matters, to dpo@intergotelecom.com, or by courier to our registered office. This clause does not apply to the service of legal proceedings.