Terms of Use

1. Who these Terms are between

These Terms of Use (the "Terms") form a binding agreement between INTERFLY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (InterFly Sp. z o.o.), a limited liability company registered in Poland and trading as SMS-fly ("SMS-fly", "we", "us", "our"), and the person or organisation that engages us or uses this website ("you", the "Client").

Registered office: ul. Konduktorska 18 lok. 7, 00-775 Warszawa, Poland. KRS: 0000450622 · NIP: 6521723098 · REGON: 243183191. The registry court holding our file and our share capital are available on request at info@sms-fly.ua.

By submitting a request through this website, accepting a proposal from us, or otherwise using our services, you confirm that you have read and agree to these Terms and to our Privacy Policy. If you are agreeing on behalf of a company, you confirm that you are authorised to bind it.

2. What we do

SMS-fly provides business messaging services (SMS, Viber and RCS) through a self-service platform — account registration, balance top-up, campaign sending and delivery reporting — together with related integration work. For platform use, the "Order" is your account registration and each top-up or campaign you submit; for custom work, the specific deliverables, timeline and price are set out in a written proposal, statement of work or order confirmation (each also an "Order").

This website is informational. Nothing on it is an offer capable of acceptance, and no content here forms part of an Order unless expressly incorporated into it.

3. Orders and scope

• An engagement begins when both parties confirm an Order in writing, including by email.
• Where an Order conflicts with these Terms, the Order prevails for that engagement only.
• Changes to agreed scope are handled as a written change request; they may affect price and timeline, and we will say so before proceeding.
• Timelines assume you provide the access, content, approvals and decisions the Order identifies as your responsibility. Delays on that side move delivery dates accordingly.

4. Fees and payment

Fees, payment schedule and invoicing terms are stated in the Order. Unless the Order says otherwise, we invoice in euro (EUR), invoices are payable within 14 days of issue, and all amounts are exclusive of VAT and other applicable taxes, which are added where required by law.

We accept payment by bank transfer to the account named on the invoice. Where we make an additional payment method available for an engagement, the Order or the invoice identifies it, and section 5 applies to it in the same way.

For recurring services — including messaging traffic — we may suspend delivery while an invoice is materially overdue, after giving you written notice and a reasonable chance to settle it.

5. Cancellation and refunds

This section says when money you have already paid comes back to you. It sits alongside the warranty in section 10 and the termination rules in section 12: where those give you a remedy, this section describes how that remedy is settled in money.

Consumers, and sole traders buying outside their trade. If you are a consumer, or a sole trader entering a contract that is not of a professional character for you, you may withdraw from a distance contract within 14 days without giving a reason, under the Polish Act on Consumer Rights. If you asked us to start work during that period, you pay for what was performed up to your withdrawal, in proportion to the whole; once a service has been performed in full with your express consent, the right to withdraw is exhausted. We return your payment within 14 days of receiving the withdrawal.

Project work. If you cancel before we start, any prepayment is refunded in full. If you cancel while work is under way, you pay for work performed and costs already committed up to that date, and the balance of the prepayment is refunded. A milestone or deliverable you have accepted is payable and is not refunded; defects in it are handled under the warranty in section 10, and we refund the fee for that deliverable only where we cannot correct the defect within a reasonable time.

Messaging traffic (SMS, Viber, RCS). A message we have submitted to a carrier has been delivered as a service and is not refundable — including where the carrier reports it undelivered for a reason outside our control, such as a number that is invalid, barred or switched off. Traffic you have prepaid but not yet used is a different matter: it remains your money. We refund the unused balance on your written request, and in any event when the agreement ends, less traffic already consumed and any invoice still outstanding. The right to claim it is subject to the statutory limitation period under Polish law — three years for claims connected with business activity (art. 118 of the Civil Code).

How to ask, and how long it takes. Write to info@sms-fly.ua with the invoice number, the Order it relates to, the date and amount of the payment, and what you are asking for. We answer within 14 days of receiving the request. Where a refund is due, we pay it within 14 days of that answer, in the currency invoiced and to the payment method you used — the bank account the transfer came from, or the card or account behind any other method. We charge nothing for making a refund; fees levied by your own bank or an intermediary are outside our control.

If something has gone wrong with a payment, please contact us before opening a chargeback or a dispute with a payment provider. Almost everything is faster to settle directly, and a dispute raised without notice gives us no chance to put it right.

6. Acceptable use

You agree not to use our services, and not to instruct us to build anything intended, to:

• send unsolicited messages, or messages to recipients who have not consented or have opted out;
• send content that is unlawful, fraudulent, deceptive, defamatory, obscene, or that infringes anyone's intellectual property or privacy rights;
• impersonate any person, brand or organisation, including through a misleading sender ID;
• distribute malware, run phishing or credential-harvesting campaigns, or facilitate a scam;
• circumvent the technical, legal or carrier-level restrictions that apply in a destination country.

You are responsible for the lawfulness of the content you send and for holding a valid legal basis for contacting each recipient. We may refuse, suspend or terminate work that breaches this section, and we may be required to disclose details of it to a carrier, regulator or law-enforcement authority.

7. Intellectual property

On full payment of the fees for an engagement, you own the deliverables created specifically for you under that Order. We retain ownership of our pre-existing materials, tools, libraries, frameworks and know-how, and of anything of general application developed while performing the work; you receive a perpetual, non-exclusive licence to use those components as embedded in the deliverables.

Third-party and open-source components remain governed by their own licences, which we identify on request. You retain ownership of everything you supply to us, and grant us the licence needed to perform the work.

8. Confidentiality

Each party will keep the other's non-public information confidential, use it only to perform or receive the services, and protect it with at least reasonable care. This does not apply to information that is public through no breach, was already known without a duty of confidence, is independently developed, or must be disclosed by law — in which case the disclosing party is notified where legally permitted.

9. Data protection

Where we process personal data on your behalf in delivering the services, we act as a processor and you as the controller under the GDPR, and the processing is governed by our Privacy Policy and, where required, a separate data processing agreement. Where we decide how and why data is processed — for example, handling an enquiry submitted through this website — we act as controller.

10. Availability, warranties and support

We perform the services with reasonable skill and care, using appropriately qualified people. Unless an Order states a specific service level, the services are provided without further warranty of uninterrupted or error-free operation. Third-party platforms, carriers and networks we depend on are outside our control.

Defects in a deliverable that are reported within the warranty period stated in the Order (30 days from acceptance if none is stated) are corrected at no additional charge, provided they arise from our work rather than from changes made by you or a third party.

11. Limitation of liability

Nothing in these Terms limits liability that cannot lawfully be limited, including for death or personal injury caused by negligence, or for fraud.

Subject to that, neither party is liable for indirect or consequential loss, loss of profit, revenue, business, goodwill or data, and each party's total aggregate liability arising out of an engagement is limited to the fees paid by you under the relevant Order in the twelve months preceding the event giving rise to the claim.

12. Term and termination

Either party may terminate an engagement for material breach that remains uncured 30 days after written notice, or immediately if the other becomes insolvent. Ongoing services with no fixed term may be terminated by either party on 30 days' written notice. On termination you pay for work performed and costs committed up to that date, and each party returns or deletes the other's confidential information on request.

13. Changes to these Terms

We may update these Terms. The version in force when an Order is confirmed governs that engagement; material changes affecting ongoing services take effect 30 days after we notify you. The current version, with its last-updated date, is always published on this page.

14. Governing law and disputes

These Terms are governed by the laws of Poland, and the courts of Poland have exclusive jurisdiction over any dispute, unless an Order states otherwise. The parties will attempt to resolve any dispute in good faith before starting proceedings.

15. Contact

Questions about these Terms: info@sms-fly.ua.