Terms of Service

General Terms and Conditions of the TopSMS.cz service

Version 1.1 · effective from 1 November 2026 (replaces version 1.0 of 29 May 2026; applies immediately to accounts registered on or after 17 October 2026)

These terms and conditions govern the relationship between the operator of the TopSMS.cz service and the user (client) when using the SMS gateway. The service is intended primarily for businesses (B2B). By registering and using the service, the user agrees to these terms.

1. Operator

The service is operated by Vojtěch Šafář, a natural person doing business under the Czech Trade Licensing Act, ID No. (IČO) 03346951, with registered office at Terronská 742/55, 160 00 Prague 6, Czech Republic (hereinafter the “Operator”).

Contact details: e-mail info@topsms.cz, support info@topsms.cz, telephone +420 608 030 884, website www.topsms.cz.

Prices are stated exclusive of VAT. The Operator is currently not registered for VAT, so no VAT is added; after registration for VAT it will be added at the statutory rate. (Should a company be incorporated, the rights and obligations under these terms will pass to the new operator, of which users will be informed.)

2. Introductory provisions and definitions

• Service — the TopSMS.cz SMS gateway enabling the sending of short text messages (SMS) via a web interface and an application programming interface (API).
• User — a person who has created a user account and uses the Service.
• Account — the user’s customer account accessible after logging in.
• Credit — a prepaid balance in the user’s account from which sent SMS are paid.
• Recipient — the end addressee of an SMS message sent by the user.
• Sender ID — an alphanumeric sender identifier displayed to the recipient instead of a telephone number.

3. User account and registration

• Registration is free of charge. The user must provide true and complete identification details (in particular name, ID No. (IČO), registered office and contact e-mail) and keep them up to date.
• After verification of the telephone number, a new account receives a welcome credit equal to the price of 10 SMS (CZK 9.80), once per person or company. On the first top-up of at least CZK 1,000 a bonus of CZK 100 is credited, likewise once per account. Bonus credit may be used solely for sending SMS; it cannot be paid out, transferred or used for the Sender ID fee.
• The user is responsible for the security of their login credentials and API keys and for all activity carried out under their account.
• The account is activated after verification of the telephone number by an SMS code. The Operator reserves the right to approve an account manually before first use (in particular for registrations from countries other than the Czech Republic and Slovakia or where abuse is suspected) and to verify the user’s identity and the purpose of use of the service at any later time; until approval or proof is provided, no messages can be sent and no credit can be topped up.
• The verified telephone number serves to secure the account and for two-factor authentication; it is changed by the Operator at the user’s request after verification of identity. The user must protect their login credentials, API keys and webhook secret keys and report any leak without delay.

4. Subject and description of the service

The Operator provides the user with the sending of SMS messages to recipients’ end devices through a contracted aggregator that ensures delivery to the networks of mobile operators (T-Mobile, O2, Vodafone and foreign networks). The service includes in particular transactional and marketing SMS, bulk campaigns, a REST API, delivery statistics, a link shortener and the option of a custom Sender ID. Connection via the SMPP protocol is not part of the self-service offering and is arranged by the Operator individually on request. The API further includes delivery reports via webhooks, verification codes (Verify API), idempotent retries of requests and a test mode of the API key in which messages are neither sent nor charged. Technical limits (in particular the default limit of 60 requests per minute per API key and a maximum of 500 recipients in one bulk request) are set out in the API documentation and may be adjusted by the Operator at the user’s request.

5. Credit, prices and payment terms

• The Service operates on a prepaid credit basis. The user tops up credit in advance and the price of sent SMS is deducted from it.
• The price is charged for each part (segment) of an SMS: one part has at most 160 characters without diacritics, or 70 characters with diacritics or special characters; longer text is split into parts of 153 or 67 characters respectively. The price per part to Czech and Slovak networks is CZK 0.88 to 0.98 depending on the user’s monthly volume; the tariff is assigned automatically. Prices to other countries follow the price zones in the current price list. For a delivered message to a number that the carrier routes outside the standard route (for example a number ported to a virtual operator), the Operator may charge the actual carrier price, up to CZK 2.50 per part; the surcharge is shown in the transaction history.
• The Operator will announce changes to the price list to users at least 14 days in advance by e-mail or in the dashboard. Credit already topped up is not recalculated when prices change; new prices apply to messages sent after the change takes effect.
• The Service has no monthly fee. Topped-up credit does not expire.
• Registration of a custom Sender ID is subject to a one-off fee of CZK 500, which is deducted from the credit when the request is submitted (bonus credit cannot be used). If the operators do not approve the Sender ID or the user withdraws the request before approval, the fee is refunded to the credit in full. Approval by the operators usually takes about 3 weeks and the Operator guarantees neither its outcome nor the time limit; the user may only request names it is entitled to use. Until the Sender ID is activated with the operators, messages are sent under the sender “TopSMS” so that they are not delayed.
• Credit can be topped up by payment card or bank transfer, in the range of CZK 100 to CZK 100,000 per payment. Credit from a card payment is credited immediately; from a bank transfer once the amount has been credited to the Operator’s account and matched by the payment reference (variable symbol), usually within one business day. Unpaid transfer requests can be cancelled at any time and create no obligation to pay. Only an approved account can top up credit. Accounts billed in euros (registered through topsms.eu) top up credit by payment card, in the range of €5 to €4,000 per payment; bank transfer is not available for them. They may also pay by SEPA Direct Debit within the same range, and credit from a SEPA Direct Debit is added once the payment has been confirmed, usually within 2 to 5 business days.
• Credit is deducted from the account at the moment the sending request is accepted. If the message is not accepted by the aggregator or the operator (the message was not sent), the credit is refunded automatically; for scheduled and bulk sending the credit is reserved on enqueueing and refunded on cancellation before sending. Credit for messages that were sent but not delivered for reasons on the side of the recipient or the operator (unreachable or invalid telephone, expiry of validity) is not refunded, just as the operators do not refund it.
• In the event of a card payment chargeback or a payment from an illegitimate source, the Operator is entitled to remove the corresponding credit from the account, suspend the account and charge the user for the costs incurred.
• The current price list is available at topsms.eu and topsms.cz and forms an integral part of these terms.

6. Invoicing

For each top-up of credit the Operator issues the user a tax document (invoice) available in the dashboard. The user agrees to the issuing and sending of documents in electronic form.

7. Rights and obligations of the user

• The user may use the Service solely for lawful purposes and in accordance with these terms.
• The user is responsible for the content of the messages sent and for having the necessary legal basis (consent, legitimate interest, performance of a contract) for sending SMS to the recipients under the GDPR and Czech Act No. 480/2004 Coll.
• For marketing SMS the user must ensure demonstrable consent of the recipient and allow easy opt-out in every message (e.g. the keyword STOP).
• The user must respect the operators’ rules for Sender IDs (prohibition of misleading names and names belonging to others) and the rules for sending.
• The user undertakes not to misuse the Service for sending unsolicited communications (spam), fraudulent (phishing) or otherwise unlawful messages.

8. Prohibited conduct and content

It is prohibited to send through the Service, in particular, messages which:

• are unsolicited (spam) or sent without a valid legal basis;
• contain fraudulent content, phishing, malware or misleading links;
• violate legal regulations, the rights of third parties or good morals;
• impersonate another person, brand or institution;
• promote illegal goods or services.

In the event of a breach, the Operator is entitled not to process the messages concerned, to suspend or terminate the account and to refer the matter to the competent authorities.

9. Rights and obligations of the Operator

• The Operator makes reasonable efforts to ensure continuous availability of the Service, but does not guarantee 100 % availability and is entitled to carry out necessary maintenance.
• The Operator is entitled to temporarily suspend sending or the account where there is reasonable suspicion of a breach of these terms, of abuse or of a threat to operations.
• The Operator is entitled to change the technical parameters and scope of the Service; it informs about material changes to the API in the documentation and changelog with reasonable advance notice.
• The user may use the link shortener only for links to content for which the user is responsible. The Operator is entitled not to activate or to deactivate suspicious links (imitations of banks, public authorities and brands, phishing) or to restrict manually created links to accounts with topped-up credit.
• The Operator keeps records of sent messages and access (see the Privacy Policy) and is entitled to use them to investigate abuse and to cooperate with operators and public authorities.

10. Deliverability and subcontractors

The actual delivery of SMS to end recipients is carried out by mobile operators and contracted aggregators. The Operator is not liable for non-delivery or delay caused on the side of operators or networks, or by the unavailability or an incorrect number of the recipient. The delivery status is available to the user in the form of delivery reports.

11. Liability and its limitation

• The user bears full responsibility for the content and consequences of the messages sent.
• The Operator is not liable for indirect damage, lost profit or damage caused by non-delivery of SMS for reasons on the side of third parties (operators, networks).
• The total amount of compensation for damage payable by the Operator is limited to the amount the user paid for the Service in the 12 months preceding the occurrence of the damage. The same limit applies to the data processing agreement, which forms an integral part of these terms.

12. Complaints

Complaints can be made by e-mail to info@topsms.cz. The Operator will handle a complaint without undue delay, at the latest within 30 days. Complaints cannot be made in respect of messages not delivered for reasons on the side of the operator or the recipient; refunds of credit for messages not accepted are made automatically in accordance with Article 5. Where a complaint is upheld, compensation is provided preferably in the form of credit.

13. Protection of personal data

The processing of users’ personal data is governed by the Privacy Policy. Where the user processes personal data of their recipients through the Service, the user acts as the controller and the Operator as the processor; this relationship is governed by the Data Processing Agreement (DPA), which forms an integral part of these terms.

14. Duration and termination

• The contract is concluded for an indefinite period by registration of the account.
• The user may close the account at any time. Unused credit is not refunded on closure at the user’s initiative, unless agreed otherwise.
• The Operator may terminate the contract in the event of a repeated or serious breach of these terms; in such a case it is entitled to set off against the unused credit the costs and damage incurred as a result of the breach. If the Operator terminates the contract through no fault of the user, it will refund the unused topped-up (not bonus) credit to the user.
• After termination of the contract, the Operator retains the records of messages and accounting documents for the period stated in the Privacy Policy and then deletes or anonymises the data.

15. Consumers

The Service is intended for businesses. Where, exceptionally, the user is a consumer, the relationship is also governed by the relevant provisions of the Czech Civil Code and the Czech Consumer Protection Act. Out-of-court dispute resolution, where applicable, falls within the competence of the Czech Trade Inspection Authority (Česká obchodní inspekce, www.coi.cz).

16. Changes to the terms and conditions

The Operator is entitled to amend these terms. It will inform users of material changes by e-mail or in the dashboard with reasonable advance notice. By continuing to use the Service after the changes take effect, the user expresses agreement with the new wording.

17. Final provisions

• Matters not governed by these terms are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code.
• Any disputes will be resolved by the Czech court with subject-matter and territorial jurisdiction.
• If any provision is invalid, the validity of the remaining provisions is not affected.
• These terms (version 1.1) take effect on 1 November 2026; for accounts registered on or after 17 October 2026 they apply from registration. The previous wording (version 1.0 of 29 May 2026) will be provided by the Operator on request.

If you have any questions about these terms, contact us at info@topsms.cz.

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