Terms of Services
These Terms of Service govern the legal relationship between SMSPoh and its users. Please read them carefully before using our website or services.
Users acknowledge and agree that all messages transmitted through SMSPoh's services—whether successfully delivered or failed—may be logged, stored, and subject to audit by SMSPoh or its authorized representatives. This monitoring is conducted solely for the purposes of ensuring service quality, legal compliance, fraud prevention, and enforcement of these Terms of Service.
SMSPoh may manually validate and verify the information provided by users during the registration process. Users must ensure that all information submitted is accurate, complete, and up-to-date at all times. SMSPoh reserves the right to suspend or deactivate any user account, without prior notice, if the information provided is found to be false, used for unauthorized testing purposes (including but not limited to security testing, penetration testing, or other activities intended to cause technical harm), spam, misleading, incomplete, fabricated, impersonating a corporation or an individual, or otherwise invalid. SMSPoh shall not be liable for any loss or damage resulting from such suspension or deactivation.
SMSPoh is committed to safeguarding the confidentiality, integrity, and availability of user data. We have completed a third-party security assessment with Kernellix, a trusted cybersecurity firm, to ensure that our systems and practices meet industry-leading security standards. We implement commercially reasonable technical and organizational measures to secure your information from unauthorized access, disclosure, alteration, or destruction.
All critical data, including login credentials, API secrets, and message content, is encrypted both at rest and in transit within the SMSPoh platform, ensuring robust protection of sensitive information. However, please note that once messages are transmitted to telecommunications networks for delivery, they may be sent as plain text, in accordance with industry protocols and carrier requirements, which are beyond SMSPoh’s control.
While we strive to protect user data, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, SMSPoh cannot guarantee absolute security and shall not be held liable for any breach of data security unless due to proven gross negligence or willful misconduct.
Users are solely responsible for maintaining the confidentiality of their credentials, account access information, and any OTPs (One-Time Passwords) sent via our platform. SMSPoh shall not be liable for any unauthorized access, misuse, or fraud resulting from compromised OTPs, passwords, or shared access, especially in cases of phishing, malware, or third-party breaches.
In the event of a data breach that affects your personal information, SMSPoh will take reasonable steps to investigate and notify affected users promptly, in accordance with applicable laws and regulations. Notification may be made via email, website notice, or direct contact, depending on the severity and nature of the breach.
Users agree to immediately notify SMSPoh of any suspected unauthorized use of their account, security breach, or compromise of OTPs. Failure to promptly report such incidents may limit our ability to investigate and mitigate risks.
SMSPoh aims to ensure reliable and timely message delivery. However, we are not responsible for delivery failures or delays due to:
SMSPoh retains live data for a period of up to two (2) months. Data older than two (2) months may be archived or deleted to ensure optimal server performance. Live data is backed up daily, with backups stored at an offsite data center to facilitate recovery in the event of an incident. However, SMSPoh cannot guarantee the indefinite availability of all archived data, as it may be subject to retention policies and storage limitations.
While SMSPoh implements commercially reasonable measures to protect and back up the Client’s data, SMSPoh does not guarantee against the loss, corruption, or deletion of data. The Client acknowledges and accepts that all data, including message logs, account settings, and user-generated content, are stored and used at their own risk.
The Client is solely responsible for maintaining appropriate backups of their data and ensuring that all important information is securely stored outside of SMSPoh’s system, especially where regulatory or compliance requirements apply.
SMSPoh shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising from the use or inability to use our services, even if SMSPoh was advised of the possibility of such damages.
SMSPoh shall not be responsible for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, cyberattacks, system failures, telecom disruptions, or power outages.
All SMS submissions are chargeable, regardless of final delivery status, except in cases where the message receives a status of "Rejected", which indicates that the message could not be processed due to invalid recipient information or message content. Only messages marked as "Rejected" will be eligible for refund or will not be charged. Submissions resulting in statuses such as "Success", "Delivered", "Expired", "Undelivered", or "Failed" due to reasons outside SMSPoh control (e.g., handset off, out of coverage, number inactive) are still chargeable.
All services provided by SMSPoh are subject to the pricing structure communicated at the time of purchase or as listed on our official channels. Prices are subject to change at any time without prior notice, unless a formal agreement or contract is in place.
Payments for services, including but not limited to SMS credits, Sender ID registration, or any other service, must be made in advance via the available payment methods provided by SMSPoh. We currently accept payments through bank transfer, mobile payment services, and other methods as listed on our website.
All payments are final. SMSPoh does not provide refunds for any unused, expired, or forfeited credits.
Invoices will be issued electronically upon successful receipt of payment. It is the user’s responsibility to provide accurate billing information and update it as needed.
According to the Myanmar Government's tax policy, all purchases of goods through SMSPoh are subject to a 5% commercial tax.
SMSPoh endeavors to maintain continuous availability of its services. However, we may perform routine or emergency maintenance, updates, or upgrades, which may result in temporary service interruptions. We will strive to inform users of scheduled maintenance in advance.
All content, trademarks, logos, and software related to SMSPoh services are the intellectual property of SMSPoh or its licensors. Users are granted a limited, non-transferable, non-exclusive license to use the services for their intended purpose and must not reproduce, distribute, or exploit any content without express written permission.
These Terms of Service are governed by the laws of the Republic of the Union of Myanmar. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts in Myanmar.
SMSPoh reserves the right to update or modify these Terms of Service at any time without prior notice. Continued use of the services after changes constitutes acceptance of the new terms. Users are encouraged to review the terms regularly.
Failure to comply with these terms, applicable laws, or regulatory obligations may lead to suspension or termination of services or rejection of SMS traffic, without notice and at SMSPoh’s discretion.
For questions, permissions, or other inquiries regarding this website and its services, please contact us:
Phone: 09 772 555525
Email: legal@intellisoft.asia