Terms of Service

1. Introduction and Agreement to Terms

1.1 Parties. These Terms of Service (the "Terms" or "Agreement") are entered into by and between BULKASMS, an enterprise communications-platform provider with its registered office in Istanbul, Republic of Türkiye ("we", "us", or "the Provider"), and the individual or legal entity that registers for, accesses, or uses the Services ("Customer", "you", or "your"). BULKASMS and Customer are each a "Party" and together the "Parties".

1.2 The Services. BULKASMS operates a carrier-grade Communications-Platform-as-a-Service ("CPaaS") and a multi-tenant, white-label SMS panel that enables Customers to send transactional, one-time-passcode (OTP), bulk, and marketing short messages (SMS) at scale through direct connectivity to mobile-operator networks, together with associated dashboards, programmable interfaces, analytics, reporting, contact-management, campaign-management, and reseller features (collectively, the "Services").

1.3 Acceptance. You accept these Terms by (a) clicking a button or checkbox indicating acceptance; (b) executing an Order Form, statement of work, or other document that references these Terms; or (c) accessing or using any part of the Services. If you accept on behalf of an organisation, you represent and warrant that you have authority to bind that organisation, and "Customer" refers to that organisation.

1.4 Eligibility. The Services are intended for business and professional use. You must be at least eighteen (18) years of age and legally capable of entering into binding contracts. The Services are not directed to consumers and are not intended for personal, family, or household use.

1.5 Structure of the Agreement. This Agreement comprises these Terms together with any Order Form, the Acceptable Use Policy (Section 9), the Data Processing Addendum ("DPA"), the Service Level Agreement ("SLA", Section 13), the Privacy Policy, and any product-specific or plan-specific terms referenced herein, each of which is incorporated by reference. In the event of conflict, the documents control in the following descending order of precedence: (i) an executed Order Form; (ii) the DPA; (iii) the SLA; (iv) these Terms; (v) other referenced policies.

2. Definitions

In this Agreement, capitalised terms have the meanings set out below. Other capitalised terms are defined where they first appear.

• A2P — Application-to-Person messaging, in which an application or platform sends messages to mobile subscribers.
• API — The application programming interfaces, including REST endpoints, WebSocket streams, and webhooks, made available by BULKASMS to interact with the Services.
• API Credentials — API keys, secrets, signing secrets, tokens, and similar authentication material issued to or generated by Customer.
• Account — The registered tenant environment through which Customer accesses the Services, including any Sub-Accounts.
• Affiliate — Any entity that directly or indirectly controls, is controlled by, or is under common control with a Party.
• Confidential Information — Non-public information disclosed by one Party to the other that is marked confidential or that a reasonable person would understand to be confidential.
• Customer Data — All data, content, message bodies, recipient lists, contact records, and other materials that Customer (or its End Users or Sub-Accounts) submits to or transmits through the Services.
• DLR — Delivery Receipt; the status report returned by an operator or carrier indicating the outcome of a message.
• End User — Any individual or entity to whom Customer sends messages, or who interacts with Customer through the Services, including message recipients.
• Order Form — An ordering document, online checkout, or plan selection specifying the Services, plan, volumes, fees, and term.
• Sender ID — The alphanumeric or numeric identifier displayed to recipients as the originator of a message (also "SID").
• SMPP — Short Message Peer-to-Peer protocol (including v3.4) used to exchange SMS with operator networks.
• Sub-Account — A subordinate tenant created by Customer under a master Account, including in white-label and reseller configurations.
• Sub-Processor — A third party engaged by BULKASMS to process Customer Data on BULKASMS's behalf.
• Tenant — An isolated logical environment within the multi-tenant platform allocated to a Customer or Sub-Account.

3. Accounts, Registration, and Verification

3.1 Registration. To use the Services, Customer must create an Account and provide accurate, current, and complete information, including a valid business identity, billing details, and a contactable administrator. Customer must keep this information up to date at all times.

3.2 Know-Your-Customer (KYC) and onboarding. Because the Services connect to regulated telecommunications networks, BULKASMS may require identity verification, proof of business registration, beneficial-ownership information, traffic-type declarations, and Sender ID registration documents before activating or continuing the Services. BULKASMS may refuse, suspend, or condition activation where verification is incomplete, where the declared use case is high-risk, or where required by an operator, regulator, or applicable law.

3.3 Credentials and security. Customer is responsible for safeguarding all login credentials and API Credentials and for all activity occurring under its Account, whether or not authorised. Customer must enable available security controls such as multi-factor authentication and IP allow-listing, restrict access on a least-privilege basis, and promptly notify BULKASMS at security@bulkasms.com of any suspected compromise.

3.4 Roles and authorised users. Customer may invite authorised users and assign role-based permissions. Customer is responsible for the acts and omissions of its authorised users and Sub-Accounts as if they were Customer's own.

3.5 Accuracy of Sender IDs. Customer warrants that each Sender ID it registers or uses is one it is entitled to use, is not misleading, and does not impersonate a third party. BULKASMS may reject or revoke a Sender ID at any time to comply with operator rules or applicable law.

4. Grant of Rights and Access

4.1 Licence to the Services. Subject to Customer's continuous compliance with this Agreement and payment of applicable fees, BULKASMS grants Customer a limited, non-exclusive, non-transferable, non-sublicensable (except to Sub-Accounts as expressly permitted), revocable right to access and use the Services during the Term solely for Customer's internal business purposes and, where applicable, for the provision of branded messaging services to Customer's own customers.

4.2 Service updates. BULKASMS continually improves the Services and may add, modify, or remove features. BULKASMS will not materially degrade the core functionality of a paid plan during a paid Term without notice. Beta, preview, or experimental features are provided "as is" and may be changed or withdrawn at any time.

4.3 Documentation. BULKASMS makes technical documentation available for the API and platform. Customer must integrate in accordance with the then-current documentation; BULKASMS is not responsible for failures arising from non-conforming integrations.

5. Customer Responsibilities

Customer is solely responsible for the following, and warrants ongoing compliance:

• Lawful content and consent. Ensuring that all message content and recipient targeting comply with applicable law and that Customer holds all necessary, demonstrable, and current consents from recipients before sending.
• Opt-out and preference management. Honouring opt-out, STOP, and unsubscribe requests promptly and maintaining suppression lists.
• Recipient data accuracy. Ensuring recipient numbers and contact data are accurate, lawfully obtained, and appropriate for the message type.
• Use-case integrity. Sending only traffic consistent with the use case, throughput, and Sender IDs declared to BULKASMS and approved by the relevant operators.
• Sub-Account oversight. Where Customer resells or operates Sub-Accounts, supervising those Sub-Accounts and ensuring their compliance with this Agreement, the Acceptable Use Policy, and applicable law.
• Security and integration. Maintaining the security of its own systems, endpoints, and webhooks, and protecting API Credentials.
• Records. Retaining evidence of consent and opt-out handling and producing it to BULKASMS, an operator, or a regulator upon reasonable request.

5.1 Sole Responsibility for Message Content and Use Cases

5.1.1 Customer determines content. BULKASMS provides connectivity and tooling for the transmission of messages; it does not originate, author, select, endorse, or control the content of any message, the choice of recipients, or the use case for which the Services are used. Customer (and, where applicable, its Sub-Accounts and End Users) alone determines what is sent, to whom, when, and for what purpose. Accordingly, Customer is solely and exclusively responsible for all message content and for the use case under which traffic is sent.

5.1.2 Regulated and high-risk categories. Certain categories of messaging are subject to specific legal, licensing, age-restriction, registration, consent, or operator requirements, and some categories are restricted or prohibited in particular countries or on particular networks. These categories include, without limitation, gambling, betting, lotteries and games of chance; financial, lending, investment, and crypto-asset promotions; adult or age-restricted content; pharmaceutical, health, and regulated-product messaging; political and electoral messaging; debt collection; and any other content that is regulated, licensed, restricted, or sensitive under applicable law. Where Customer sends, or permits its Sub-Accounts or End Users to send, any such traffic, Customer is solely responsible for determining the legality of that traffic in each destination, for obtaining and maintaining all required licences, authorisations, registrations, and recipient consents, and for complying with all applicable laws, regulatory requirements, and operator rules.

5.1.3 No assumption of responsibility by BULKASMS. Any review, approval, filtering, Sender ID registration, throughput allocation, route selection, or other action by BULKASMS does not constitute legal advice, an endorsement of Customer's content or use case, or an assumption by BULKASMS of any responsibility or liability for Customer's content, recipients, or use case. The absence of objection or intervention by BULKASMS does not waive any obligation of Customer or imply that the relevant traffic is lawful or compliant.

5.1.4 Allocation of liability. To the maximum extent permitted by law, Customer assumes all liability arising out of or relating to the content, targeting, and use case of its messages, including any claim, fine, penalty, sanction, regulatory action, or damages brought by any recipient, individual, operator, carrier, regulator, authority, or other third party. BULKASMS shall bear no liability for such matters, and Customer's indemnification obligations in Section 19 expressly extend to them.

6. Multi-Tenant, White-Label, and Reseller Terms

6.1 White-label use. Certain plans permit Customer to operate the platform under Customer's own brand and to create master and Sub-Accounts for Customer's own customers. Where Customer does so, Customer acts as principal toward its customers and is the merchant of record for its own commercial arrangements.

6.2 Customer as controller for its tenants. Customer is responsible for the onboarding, verification, acceptable-use enforcement, billing, support, and data-protection compliance of its Sub-Accounts and their end users. BULKASMS has no direct relationship with Customer's Sub-Accounts unless separately agreed in writing.

6.3 Pass-through obligations. Customer must impose on its Sub-Accounts terms at least as protective as this Agreement and the Acceptable Use Policy, including consent, opt-out, prohibited-content, and security obligations. Customer remains liable to BULKASMS for any breach by its Sub-Accounts.

6.4 Tenant isolation. BULKASMS provides logical tenant isolation so that each tenant's data, balances, Sender IDs, and reports are segregated. BULKASMS does not, however, guarantee that a Customer's misconfiguration of its own Sub-Accounts will prevent data exposure within Customer's own tenant hierarchy.

7. Messaging, Routing, and Delivery

7.1 Routing. BULKASMS selects and manages routes to operator networks, including direct SMPP binds and failover routing, to optimise delivery, latency, and cost. Route selection is at BULKASMS's discretion unless a specific route is contracted in an Order Form.

7.2 No guarantee of delivery. SMS delivery depends on factors outside BULKASMS's control, including operator behaviour, number portability, handset state, recipient network availability, spam filtering, and regulatory filtering. BULKASMS does not warrant that any particular message will be delivered, delivered within a particular time, or delivered without alteration of Sender ID by an operator.

7.3 Delivery receipts. Where operators provide DLRs, BULKASMS passes through the status received. DLR availability, accuracy, and timeliness depend on the operator and are not guaranteed.

7.4 Throughput and fair use. Throughput (messages per second) may be capped per plan, per route, or per Sender ID. BULKASMS may throttle, queue, or temporarily suspend traffic to protect platform stability, comply with operator limits, or mitigate abuse.

7.5 Filtering and operator rules. Operators may impose content, format, time-of-day, and registration requirements. BULKASMS may block, rewrite, or refuse traffic that violates such rules or that BULKASMS reasonably believes to be unlawful, fraudulent, or harmful.

7.6 Message charging. Messages may be split into multiple segments depending on length and encoding. Charges are calculated per segment per destination and may apply to submitted messages regardless of final delivery status, as determined by the operator and the applicable rate.

8. Fees, Billing, Credit, and Taxes

8.1 Fees. Customer shall pay all fees set out in the applicable Order Form or plan, including subscription fees, per-message or per-segment usage fees, Sender ID fees, and overage charges. Unless stated otherwise, fees are quoted exclusive of taxes and are non-refundable except as expressly provided.

8.2 Prepaid balances and credit. Some plans operate on a prepaid balance. Customer is responsible for maintaining sufficient balance; the Services may decline to send messages where balance is insufficient. Where post-paid credit is extended, BULKASMS may set, reduce, or revoke credit limits at its discretion.

8.3 Billing and payment. Recurring fees are billed in advance and usage fees in arrears unless otherwise stated. Invoices are due within the period stated on the invoice or Order Form. Customer authorises BULKASMS and its payment processors to charge the payment method on file.

8.4 Late payment and suspension. Overdue amounts may accrue interest at the lower of 1.5% per month or the maximum permitted by law. BULKASMS may suspend Services for non-payment after notice.

8.5 Disputes. Customer must notify BULKASMS of any good-faith billing dispute within thirty (30) days of the invoice date; undisputed amounts remain payable.

8.6 Taxes. Customer is responsible for all sales, use, VAT, withholding, telecommunications, and similar taxes and levies, excluding taxes on BULKASMS's net income. Where BULKASMS must collect such taxes, they will be added to invoices.

8.7 Price changes. BULKASMS may change subscription pricing effective at the next renewal and may change usage rates (including operator pass-through rates) on notice, reflecting changes in operator or carrier charges.

9. Acceptable Use Policy

Customer and its Sub-Accounts and End Users must not use the Services to send, transmit, facilitate, or store any of the following. This Acceptable Use Policy is a material part of the Agreement.

9.1 Prohibited content and conduct

• Unlawful, fraudulent, deceptive, or misleading content, including phishing, smishing, and identity spoofing.
• Messages sent without valid, demonstrable recipient consent, or in violation of opt-out requests.
• Content that infringes intellectual-property rights, privacy rights, or publicity rights.
• Malware, links to malicious sites, or content designed to harvest credentials or data.
• Harassing, threatening, abusive, defamatory, hateful, or harmful content, or content that exploits or endangers minors.
• Unlawful gambling, illegal substances, weapons, or other content prohibited by the destination operator or jurisdiction.
• Grey-route, SIM-farm, refiling, or any traffic that circumvents operator charging, AIT (Artificially Inflated Traffic), or interconnect rules.
• High-risk categories (e.g., certain financial, pharmaceutical, or adult content) without prior written approval and required registrations.

9.2 Technical and platform abuse

• Attempting to probe, scan, or breach security; circumventing tenant isolation, rate limits, or authentication.
• Reverse engineering, decompiling, or creating derivative works of the Services except as permitted by mandatory law.
• Reselling, sublicensing, or providing the Services to third parties except under an authorised white-label/reseller plan.
• Interfering with or disrupting the integrity or performance of the Services or the underlying networks.

9.3 Enforcement. BULKASMS may investigate suspected violations and may remove content, throttle or block traffic, suspend Sender IDs or Accounts, or terminate the Agreement. BULKASMS may report unlawful activity to operators, regulators, and authorities and may preserve and disclose information where required by law or to protect rights, safety, or the integrity of the networks.

10. Customer Data, Intellectual Property, and Feedback

10.1 Ownership of Customer Data. As between the Parties, Customer owns all right, title, and interest in Customer Data. Customer grants BULKASMS a worldwide, non-exclusive, royalty-free licence to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, maintain, and improve the Services, to comply with law, and as permitted by the DPA and Privacy Policy.

10.2 Ownership of the Services. BULKASMS and its licensors own all right, title, and interest in and to the Services, including all software, APIs, documentation, user interfaces, designs, trademarks, and underlying technology, and all intellectual-property rights therein. No rights are granted except as expressly set out in this Agreement.

10.3 Aggregated and de-identified data. BULKASMS may generate and use aggregated, anonymised, or de-identified data derived from operation of the Services (such as traffic, route-performance, and delivery statistics) for analytics, benchmarking, security, fraud prevention, and improvement of the Services, provided such data does not identify Customer, any End User, or any individual.

10.4 Feedback. If Customer provides suggestions or feedback, BULKASMS may use it without restriction or obligation, and Customer grants BULKASMS a perpetual, irrevocable, royalty-free licence to exploit such feedback.

11. Data Protection and Privacy

11.1 Roles. With respect to personal data contained in Customer Data (including recipient phone numbers and message content), Customer is the controller and BULKASMS is the processor, processing such personal data on Customer's documented instructions. With respect to account, billing, and platform-administration data, BULKASMS acts as a controller as described in the Privacy Policy.

11.2 Data Processing Addendum. The DPA, which incorporates the EU Standard Contractual Clauses where applicable, governs BULKASMS's processing of personal data on Customer's behalf and forms part of this Agreement. Where there is a conflict between the DPA and these Terms regarding the processing of personal data, the DPA prevails.

11.3 Customer obligations. Customer warrants that it has a valid lawful basis (such as consent or legitimate interests, as applicable) for the processing it instructs, that it has provided required notices to End Users, and that its instructions comply with applicable data-protection law, including the GDPR and any local equivalents.

11.4 International transfers. Customer acknowledges that delivering messages necessarily involves transferring recipient numbers and related data to operators and carriers in destination countries, which may be outside the EEA, and authorises such transfers as inherent to the Services.

11.5 Security. BULKASMS maintains technical and organisational measures designed to protect personal data, as further described in the Privacy Policy and DPA, consistent with recognised standards (including controls aligned with ISO/IEC 27001 and SOC 2).

12. Confidentiality

12.1 Obligations. Each Party will protect the other's Confidential Information using at least the same degree of care it uses for its own confidential information (and no less than reasonable care), will use it only to perform under this Agreement, and will disclose it only to personnel and advisers with a need to know who are bound by confidentiality obligations.

12.2 Exclusions. Confidential Information does not include information that is or becomes public without breach, was lawfully known before disclosure, is independently developed, or is rightfully received from a third party.

12.3 Compelled disclosure. A Party may disclose Confidential Information to the extent required by law or legal process, provided it gives reasonable prior notice where lawful and cooperates in seeking protective treatment.

13. Service Levels and Support

13.1 Target availability. BULKASMS targets platform availability of 99.97% measured monthly for the core message-submission API, excluding Excused Downtime. Specific service-level commitments, measurement methodology, and any service credits are set out in the SLA applicable to Customer's plan.

13.2 Excused Downtime. Availability targets exclude downtime caused by: scheduled or emergency maintenance; factors outside BULKASMS's reasonable control, including operator and carrier outages, Internet failures, and Force Majeure; Customer's acts, omissions, or non-conforming integrations; and suspension permitted under this Agreement.

13.3 Support. Support is provided according to the channels and response targets of Customer's plan. Service credits, where offered, are Customer's sole and exclusive remedy for failure to meet availability targets.

14. Operators, Carriers, and Third-Party Services

14.1 Operator dependencies. The Services depend on mobile operators, carriers, aggregators, and other telecommunications providers. Their networks, rules, pricing, and availability are outside BULKASMS's control, and changes by them may affect routing, delivery, Sender IDs, and pricing.

14.2 Third-party integrations. Customer may connect third-party services (e.g., CRM, payment, analytics tools). Customer's use of such services is governed by the relevant third party's terms, and BULKASMS is not responsible for them.

15. Suspension

BULKASMS may suspend the Services or any part thereof, in whole or in part, immediately and without liability, where:

• Customer's use poses a security, fraud, legal, or network-integrity risk, or generates abusive or unlawful traffic;
• an operator, carrier, regulator, or authority requires suspension;
• Customer is materially in breach (including non-payment) and, where the breach is curable, has not cured it within the notice period; or
• suspension is necessary to protect the Services, other customers, or third parties.

15.1 Effect and restoration. BULKASMS will use reasonable efforts to limit the scope of suspension and to restore the Services promptly once the cause is resolved. Suspension does not relieve Customer of payment obligations for the period prior to and during suspension where the suspension results from Customer's breach.

16. Term and Termination

16.1 Term. This Agreement begins on the earlier of Customer's acceptance or first use and continues for the subscription term stated in the Order Form, renewing automatically for successive periods of equal length unless either Party gives notice of non-renewal before the end of the then-current term.

16.2 Termination for convenience. Either Party may terminate a month-to-month or trial arrangement on notice. Fixed-term commitments may be terminated for convenience only as stated in the Order Form.

16.3 Termination for cause. Either Party may terminate for the other's material breach not cured within thirty (30) days of written notice, or immediately if cure is not possible or in case of insolvency. BULKASMS may terminate immediately for breach of the Acceptable Use Policy or for unlawful or fraudulent traffic.

16.4 Effect of termination. On termination: (a) all licences end and Customer must cease using the Services; (b) accrued fees become due; (c) prepaid amounts are non-refundable except where expressly stated or required by law; and (d) each Party returns or destroys the other's Confidential Information on request.

16.5 Data export and deletion. For a period of thirty (30) days after termination, BULKASMS will, on request, make Customer Data available for export in a commercially reasonable format. Thereafter BULKASMS may delete Customer Data in accordance with the DPA and its retention practices, subject to legal-retention requirements.

16.6 Survival. Provisions that by their nature should survive termination will survive, including Sections 2, 8 (accrued amounts), 10, 12, 17, 18, 19, 20, 22, and 23.

17. Warranties and Disclaimers

17.1 Mutual warranties. Each Party warrants that it has the legal power and authority to enter into and perform this Agreement.

17.2 BULKASMS warranty. BULKASMS warrants that it will provide the Services with reasonable skill and care and substantially in accordance with the documentation.

18. Limitation of Liability

18.3 Exceptions. The exclusions and cap in this Section do not apply to: (a) Customer's payment obligations; (b) Customer's breach of the Acceptable Use Policy or misuse of the Services; (c) either Party's indemnification obligations; (d) breach of confidentiality; or (e) liability that cannot be excluded or limited by applicable law (such as for death or personal injury caused by negligence, or fraud).

18.4 Allocation of risk. The Parties agree that the limitations in this Section reflect a reasonable allocation of risk and are an essential basis of the bargain, including the pricing of the Services.

19. Indemnification

19.1 By Customer. Customer will defend, indemnify, and hold harmless BULKASMS and its Affiliates, and their officers, directors, and personnel, from and against any third-party claims, and resulting losses, damages, fines, penalties, and reasonable costs (including legal fees), arising out of or related to: (a) Customer Data or message content; (b) Customer's or its Sub-Accounts' or End Users' use of the Services; (c) breach of the Acceptable Use Policy, consent, or opt-out obligations; (d) violation of applicable law or third-party rights; or (e) any claim by a Sub-Account or End User.

19.2 By BULKASMS. BULKASMS will defend Customer against third-party claims that the Services, as provided by BULKASMS and used in accordance with this Agreement, infringe such third party's intellectual-property rights, and will indemnify Customer for resulting damages finally awarded, subject to the limitations in Section 18. BULKASMS has no obligation for claims arising from Customer Data, modifications not made by BULKASMS, or use in combination with non-BULKASMS products.

19.3 Procedure. The indemnified Party must promptly notify the indemnifying Party, give reasonable cooperation, and allow the indemnifying Party to control the defence and settlement (provided no settlement imposing liability or admission on the indemnified Party is made without consent).

20. Compliance with Laws, Sanctions, and Anti-Corruption

20.1 General compliance. Each Party will comply with all laws applicable to its performance, including telecommunications, anti-spam, consumer-protection, and data-protection laws.

20.2 Export and sanctions. Customer represents that it is not, and is not acting on behalf of, any party subject to applicable sanctions or located in an embargoed territory, and will not use the Services in violation of export-control or sanctions laws.

20.3 Anti-bribery. Each Party will comply with applicable anti-bribery and anti-corruption laws and will not offer or accept improper payments in connection with this Agreement.

21. Changes to the Services and to these Terms

21.1 Changes. BULKASMS may modify these Terms from time to time. For material changes, BULKASMS will provide reasonable notice (for example, by email to the Account administrator or by in-product notice) before the changes take effect.

21.2 Acceptance of changes. Continued use of the Services after the effective date of changes constitutes acceptance. If Customer does not agree to a material change, Customer's sole remedy is to stop using the Services and, where applicable, to terminate in accordance with Section 16.

22. Governing Law and Dispute Resolution

22.1 Governing law. This Agreement is governed by the laws of the Republic of Türkiye, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. Where mandatory consumer or data-protection laws of Customer's jurisdiction apply, nothing in this Agreement limits rights that cannot be limited by contract.

22.2 Forum. Subject to Section 22.3, the courts of Istanbul (Çağlayan), Republic of Türkiye, have exclusive jurisdiction over disputes arising out of or related to this Agreement.

22.3 Informal resolution. Before commencing proceedings, the Parties will attempt in good faith to resolve any dispute through escalation to senior representatives for a period of thirty (30) days.

22.4 Injunctive relief. Nothing prevents either Party from seeking injunctive or equitable relief to protect its intellectual property, Confidential Information, or network integrity in any court of competent jurisdiction.

23. General Provisions

23.1 Entire agreement. This Agreement is the entire agreement between the Parties regarding its subject matter and supersedes all prior or contemporaneous understandings.

23.2 Assignment. Customer may not assign this Agreement without BULKASMS's prior written consent, except to a successor in connection with a merger or sale of substantially all assets that is not a competitor of BULKASMS. BULKASMS may assign to an Affiliate or successor.

23.3 Subcontracting. BULKASMS may use Sub-Processors and subcontractors to provide the Services, remaining responsible for their performance as set out in the DPA.

23.4 Force Majeure. Neither Party is liable for failure or delay caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labour disputes, government action, operator or carrier failures, Internet or power outages, and cyber-attacks.

23.5 Notices. Legal notices to BULKASMS must be sent to legal@bulkasms.com and, where required, in writing to BULKASMS's registered office. Notices to Customer may be given via the Account, the administrator email on file, or in-product notice.

23.6 No waiver. Failure to enforce a provision is not a waiver. A waiver is effective only if in writing.

23.7 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain in effect.

23.8 Independent contractors. The Parties are independent contractors; nothing creates a partnership, agency, joint venture, or employment relationship.

23.9 No third-party beneficiaries. Except for indemnified parties under Section 19, this Agreement does not confer rights on any third party.

23.10 Publicity. BULKASMS may identify Customer as a customer and use Customer's name and logo in customer lists and marketing materials, subject to Customer's reasonable branding guidelines; Customer may opt out by notice to BULKASMS.

23.11 Language. This Agreement is executed in English. Any translation is for convenience only, and the English version controls in case of conflict.

23.12 Order of precedence. As set out in Section 1.5.

By accessing or using the Services, Customer acknowledges that it has read, understood, and agrees to be bound by these Terms of Service.

BULKASMS · Istanbul, Republic of Türkiye · legal@bulkasms.com