Terms of Service

General Provisions

smsoffice.ge does not provide services to users who are citizens of the Russian Federation (including individuals with dual citizenship, where one of the citizenships is of the Russian Federation), nor to sole proprietors and organizations whose beneficial owner or director is a citizen of the Russian Federation or holds dual citizenship, one of which is Russian.

The company reserves the right to restrict or completely suspend the provision of services to the above-mentioned users.

1. About the Service

On one side, LLC "Irka" (the owner of the smsoffice.ge platform), hereinafter referred to as the “Company,” “smsoffice.ge,” or “SMS Office,” and on the other side, the user of the smsoffice.ge platform (the individual registered on smsoffice.ge), hereinafter referred to as the “User” or “Client,” agree to the following terms upon acceptance of this agreement:

1.1. By agreeing to the terms of this agreement and utilizing the smsoffice.ge platform services, the User fully agrees with all clauses of the service terms, site usage rules, privacy policy, and personal data protection policies.

1.2. After registration on the platform and agreement to the terms, the smsoffice.ge platform provides access to a personal space (dashboard) for the User. The User can perform all necessary actions for sending SMS messages through their personal dashboard. smsoffice.ge enables the sending of both transactional and marketing SMS messages to recipients across various mobile networks.

1.3. The Client purchases a specific number of SMS credits in advance via the pricing page: http://smsoffice.ge/prices/.

1.4. smsoffice.ge uses partner operators to deliver SMS messages to recipients.

1.5. The parties confirm that, as instructed by the user (the person responsible for processing personal data), the company gains access to (processes) personal data. The purpose of the company’s data processing is to properly provide the services outlined in this agreement and to enable the user to utilize the functionalities of the company’s platform. The company is not authorized to use such data for any other purpose. To eliminate any misunderstanding, the parties declare that the company processes personal data only by accessing the data stored by the person responsible for data processing (the user) and does not engage in any other form of personal data processing. The basis for such processing is this agreement. Accordingly, while using the platform, the user, as the person responsible for processing personal data, processes the personal data of their recipients. This includes organizing data into different lists, obtaining and storing consent/refusals for receiving marketing communications, defining the content of messages and recipients, as well as sending notifications to recipients.

1.6. The company processes and stores personal data from the moment the user registers on the website until 1 years after the user cancels their registration. Upon the expiration of this period, the company is obligated to completely delete all personal information related to the user and their recipients from the system.

2. Registration of Sender ID

2.1. The User is required to register a Sender ID, which becomes active upon confirmation by SMS Office. The User can register an unlimited number of Sender IDs. Each Sender ID is assigned a channel that determines the delivery route of messages sent with that Sender ID.

2.2. To register a new Sender ID, the Client submits a request via the email specified in the agreement. The Company is obligated to confirm or deny the registration request within the next business day.

2.3. Any attempt to send messages using unregistered Sender IDs constitutes a breach of this agreement. The Client will be fully liable for any penalties or damages incurred by the Company due to violations of operator or regulatory requirements. Additionally, the Client must fully compensate the Company for any damages caused by such violations. Penalties must be paid within 10 calendar days of receiving the Company's written request.

2.4. The registration of a new Sender ID does not automatically activate it. The activation process may take at least 48 hours. The Company reserves the right to deny activation of any Sender ID without providing justification.

2.5. The User may send messages only using activated Sender IDs.

2.6. The platform allows for two types of Sender IDs: “Universal Sender IDs” and standard Sender IDs. The use of Universal Sender IDs is regulated under section 5 of this agreement.

3. Message Sending

3.1. SMS messages can only be sent to recipient numbers entered into the User's dashboard. The User is responsible for obtaining and managing consents for marketing messages. smsoffice.ge does not collect consents from recipients, as each User independently manages their recipient lists and determines the content to be sent.

3.2. For the purposes of this agreement, a "campaign" refers to sending one type of message or a message with the same content to multiple recipients by a single User.

3.3. Marketing messages must include an opt-out mechanism as required by Georgian law. If a marketing message lacks such a mechanism, it will not be sent, and an error message will appear in the system.

3.4. Users can create recipient lists within the platform, grouping numbers based on consent received for marketing messages. Recipients who have opted out of receiving such messages are automatically categorized into a "STOP list." The platform helps Users monitor their data processing and comply with applicable regulations.

3.5. A message sent with a transparent subject line is unconditionally delivered to the recipient, regardless of whether the number is on the “Stop List” or blocked from receiving messages via a short number. It should also be noted that since obtaining permission to receive a marketing message is the responsibility of the customer, sending marketing messages with a transparent subject line without the recipient’s consent will violate the Law of Georgia “On Personal Data Protection”, therefore the customer is responsible for all legal and financial consequences.

3.6. Compliance with Georgian law on personal data protection is mandatory for all Users. This includes the requirement to obtain and manage consents.

3.7. SMS messages can also be sent via API integration. Technical specifications for API usage are available at: http://smsoffice.ge/integration/.

4. Rights and Responsibilities

4.1. The Company:

4.1.1. The Company reserves the right to amend the terms of this agreement without prior notice to the Users. The new terms become effective upon their publication on the smsoffice.ge platform. The Company may notify Users of such changes using the email address or phone number provided during registration, which the User agrees to by accepting this agreement.

4.1.2. The Company is not responsible for the content or titles of messages sent by the User. The User bears full responsibility for these matters.

4.1.3. The Company is authorized to store and process the information provided by the User during registration, including personal data such as recipient phone numbers, message content, sending time, status, Sender ID, and others.

4.1.4. The Company is obligated, to the best of its ability, to ensure the technical functionality of the platform and uninterrupted access for Users to their accounts. The Company is not responsible for technical issues or server malfunctions that are not caused by its negligence.

4.1.5. The Company's liability for damages or losses caused by its negligence is limited to the amount paid by the User for the respective service.

4.1.6. The Company is not liable for any losses arising from the User's use of third-party information or the platform.

4.1.7. The Company must ensure the confidentiality and security of User-entered personal data and billing information, complying with Georgia's "Law on Personal Data Protection."

4.1.8. Is obliged to ensure the security of personal data entered into the system by the user in accordance with the rules established by the Law of Georgia on Personal Data Protection.

4.1.9. Upon request of the User, provide the User with appropriate information within a reasonable time and facilitate the monitoring of data processing by the User within the scope of the services provided for in this Agreement.

5.2. The User:

5.2.1. The User must complete the registration process, agree to the terms of this agreement, and activate at least one Sender ID in accordance with the established rules to use the platform.

5.2.2. The User is responsible for providing accurate, truthful, and complete information during registration.

5.2.3. The User must not use the services of SMS Office for:

5.2.4. The User is responsible for storing recipient numbers and messages in their dashboard and determining the retention period according to their needs and legal requirements.

5.2.5. The User is fully responsible for compliance with Georgian law regarding personal data protection, including obtaining and managing recipient consents. The User assumes full liability for any violations of this requirement.

5.2.6. Upon the Company's request, the User must provide accurate and complete information.

5.2.7. The User must ensure compliance with the "Law on Personal Data Protection" and the "Law on Advertising." The User must not send messages containing calls for state unrest or false information in the name of state institutions. Violations of this clause are considered a material breach of this agreement and may result in penalties, including compensating the Company and its partners for damages caused.

6. User Risks and Additional Responsibilities

6.1. The User is solely responsible for the accuracy of information entered into their dashboard and must ensure the confidentiality of their login credentials.

6.2. The Company is not liable for losses, damages, or expenses (including loss of revenue) unless caused directly by its negligence.

6.3. The Company is not responsible for errors, delays, or failures in delivering messages caused by third parties or technical issues unrelated to its own operations.

6.4. The Company is not liable for the connectivity or activity of recipients' networks. The delivery rate of messages may vary between 50% and 70%, and the User assumes this risk.

7. Pricing and Payment Terms

7.1. The User pre-purchases a specific number of SMS credits based on the rates listed here: http://smsoffice.ge/prices/.

7.2. Balance replenishment is possible via invoice. Before the funds are credited to the Company's account, the User may provide a payment confirmation document via email to expedite balance replenishment.

7.3. If the payment purpose does not specify the invoice number, the Company reserves the right to return the funds to the payer.

7.4. SMS credits are deducted based on the following message lengths:

Latin characters:

• 1–160: 1 message credit
• 161–306: 2 message credits
• 307–459: 3 message credits
• 460–480: 4 message credits

Georgian or Unicode characters:

• 1–70: 1 message credit
• 71–134: 2 message credits
• 135–201: 3 message credits
• 202–268: 4 message credits
• 269–335: 5 message credits
• 336–402: 6 message credits

7.5. Certain symbols take up two character spaces: | ^ € { } [ ] ~ .

7.6. The User can check the estimated cost of messages in advance using the analyzer tool on the platform: http://smsoffice.ge/analyzer/.

7.7. The Company deducts SMS credits from the User's balance upon confirmation of message delivery by partner operators. The Company is not obligated to refund credits for undelivered messages caused by technical or other issues on the part of partner operators.

8. Force Majeure

8.1. The parties are released from liability for failure to perform their obligations due to force majeure circumstances that render the fulfillment of obligations impossible.

8.2. Force majeure includes natural disasters (floods, earthquakes, fires, etc.), explosions, acts of war (including civil unrest and strikes), government actions, or any other events beyond the parties' reasonable control.

8.3. In the event of force majeure, the Company is not liable for service interruptions or delays caused by such circumstances.

8.4. If the Company receives multiple similar orders from different Users and force majeure prevents the fulfillment of all orders, the Company reserves the right to decide which orders to fulfill and to what extent.

9. Dispute Resolution

9.1. Any disputes arising between the parties should be resolved through mutual negotiations.

9.2. If the parties cannot reach an agreement, disputes will be resolved by the courts of Georgia in accordance with Georgian law.

10. Confidentiality

10.1. Both the Client and the Company agree to maintain strict confidentiality of any information exchanged and not disclose it to third parties without prior written consent.

10.2. The parties must comply with the confidentiality policy published on the platform: http://smsoffice.ge/privacy/.

11. Transitional Provisions

11.1. The rights and obligations granted under this agreement cannot be transferred to third parties without prior written consent from the other party.

11.2. The terms of this agreement are binding for both parties and their successors.

11.3. This agreement takes precedence over any other agreements between the parties.

11.4. By accepting these terms, the User agrees to receive marketing messages from the Company. If the User wishes to opt out, they must notify the Company via email, and the Company is obligated to stop sending such messages.

11.5. This Agreement enters into force upon the user's registration on the website and acceptance of the terms, and remains in effect until the user cancels their registration.