Terms of Service

Last Updated: October 2025

1. Agreement to Terms

By registering for, accessing, or using the Services provided by Portechime Inc. ("Portechime," "we," "us," or "our"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Definitions

3. Services Description

Portechime provides an international Communications Platform as a Service (CPaaS) that enables developers and businesses to programmatically send and receive:

• SMS and MMS messages
• Voice communications and calls
• Other telephony and messaging services

through APIs, SDKs, and related tools.

4. Account Registration and Security

4.1. Registration

You must register for an account to use the Services. You agree to provide accurate, current, and complete information during registration.

4.2. Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use of your account

5. Acceptable Use Policy

You agree to use the Services in compliance with all applicable laws and regulations. You are solely responsible for all content, communications, and actions conducted through your use of the Services.

5.1. Prohibited Content

You may not use the Services to transmit, distribute, or store any content that:

• Is illegal, harmful, or fraudulent
• Contains hate speech or promotes violence
• Involves adult content or pornography
• Facilitates gambling activities
• Infringes intellectual property rights
• Contains malicious code or viruses
• Involves phishing or identity theft
• Relates to illegal drugs or substances

5.2. Prohibited Activities

You may not use the Services to:

• Send spam, unsolicited commercial communications, or bulk messages without proper consent
• Engage in fraudulent, deceptive, or misleading practices
• Violate telecommunications regulations (e.g., TCPA, CTIA, GDPR)
• Impersonate others or misrepresent your affiliation
• Interfere with or disrupt the integrity of the Services
• Reverse engineer, decompile, or attempt to discover the source code of the Services

6. Compliance with Telecommunications Laws

As an international service, you must comply with all applicable telecommunications laws in the jurisdictions where you send communications, including but not limited to:

• TCPA (US) - Telephone Consumer Protection Act
• CTIA Guidelines (US) - Industry guidelines for messaging
• GDPR (EU) - General Data Protection Regulation
• PECR (UK) - Privacy and Electronic Communications Regulations
• CASL (Canada) - Canada's Anti-Spam Legislation
• Local Regulations - Country-specific telecommunications laws

You are solely responsible for obtaining all necessary consents from End-Users before sending communications.

7. Fees and Payment

7.1. Pricing

Our pricing is available on our website and may vary by country, carrier, and volume. We reserve the right to change prices with 30 days' notice.

7.2. Billing

You will be billed monthly based on your usage. Payment is due upon receipt of invoice. Late payments may incur interest at 1.5% per month.

7.3. Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes associated with your use of the Services.

8. Intellectual Property

8.1. Our Rights

We own all right, title, and interest in and to the Services, including all intellectual property rights.

8.2. Your Rights

You retain all rights to your content and applications. You grant us a license to use your content solely to provide the Services.

8.3. Feedback

Any feedback you provide about the Services may be used by us without restriction or obligation.

9. Confidentiality

Both parties agree to protect each other's confidential information using at least the same standards as used for their own information, but in no event less than reasonable care.

10. Termination

10.1. Termination by You

You may terminate your account at any time by contacting support.

10.2. Termination by Us

We may suspend or terminate your access to the Services immediately if:

• You violate these Terms or our Acceptable Use Policy
• Your use poses a security risk to us or other users
• Required by law or regulatory authority

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, Portechime'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO Portechime IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

13. Indemnification

You agree to indemnify and hold Portechime harmless from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Any content you transmit through the Services

14. Governing Law and Dispute Resolution

14.1. Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles.

14.2. Dispute Resolution

Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. The arbitration shall take place in Wilmington, Delaware.

15. Miscellaneous

15.1. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes via email or through the Services. Continued use after changes constitutes acceptance.

15.2. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

15.3. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

15.4. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Portechime regarding the Services.

16. Contact Information

If you have any questions about these Terms, please contact us:

• Email: help@Portechime.com
• Phone: +86 0537-7777877

17. Joint Operation Statement

This website ([https://www.portechime.com]) is jointly operated by Horizon Trading Co., Limited (Company Registration Number: UTR 4928723973, Registered Address: The Lansdowne Building, No 2 Lansdowne Road, Croydon, Greater London, United Kingdom) and Portechime Limited (Registered Address: FLAT 2304, 23/F, HO KING COMMERCIAL CENTRE, 2-16 FA YUEN STREET, MONG KOK, KOWLOON, HONG KONG).

Users understand and agree that Horizon Trading Co., Limited and Portechime Limited will jointly provide the products and services under this Agreement according to their respective responsibilities and division of labor. The specific allocation of responsibilities between the two parties in the joint operation does not affect the rights users are entitled to or the obligations users must fulfill under this Agreement.

Inquiries regarding website operations, service support, and business cooperation may be directed to either operating party, and such communications shall be deemed effective for both parties.

T&C Governing Law: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

18. Service Cancellation and Refund Policy

Services provided by Portechime (including but not limited to international voice, SMS, virtual number rental, and API calls, etc.) are instant-consumption digital technical services. Once used, they occupy communication resources and incur irreversible costs. Therefore, no refunds or cancellations are provided for services that have been used.

Users may stop using or deactivate services through the management console at any time. Any unused prepaid balance (if applicable) shall be handled in accordance with the master agreement signed between the parties or the terms at the time of recharge. If no special agreement exists, the unused balance may continue to be used during the account validity period, but cash withdrawals or refunds are not supported.

If users are unable to use the services normally due to Portechime system failures, service interruptions, or failure to provide services as agreed, after verification, Portechime shall provide service compensation or refund the corresponding fees on a proportional basis based on the actual impact.

Any refund application must be submitted within 30 days after the occurrence of the service and accompanied by sufficient supporting materials. Portechime reserves the final right to review and approve refund requests.