01
The agreement
These Terms of Service govern access to and use of the THOG messaging platform, the a2p100tech.com website, and any application programming interface, connection or service provided by 100 Technology LLC ("THOG", "we", "us"). By creating an account, submitting an enquiry, or sending traffic through the platform you accept these Terms.
These Terms incorporate our Privacy Policy and Acceptable Use Policy. Where a signed master services agreement or order form exists between you and 100 Technology LLC, that document prevails over these Terms to the extent of any conflict.
02
Eligibility and accounts
The platform is offered to businesses and to individuals acting for a business. You must be at least 18 years old and legally able to enter into contracts. You may register with a work email address, a phone number, or both, and you must supply accurate registration details.
You are responsible for keeping credentials, API keys and webhook secrets confidential and for all activity conducted through your account. Notify us at [email protected] without delay if you believe an account or key has been compromised.
We may verify your business identity, ownership of a sender identity, or the lawfulness of your intended traffic before enabling production sending, and we may decline or withdraw access where verification fails.
03
The messaging service
THOG accepts application-to-person (A2P) messages from you and passes them to mobile network operators or interconnect partners for delivery to handsets. We select routes, apply your declared traffic class, and return delivery receipts reflecting the status reported to us.
Delivery depends on the receiving operator, the handset, local regulation, sender-identity registration, and network conditions outside our control. Published delivery rates, throughput figures and latency figures are observed averages, not guarantees, unless a service level is expressly agreed in a signed order form.
We may modify, re-route, throttle, suspend or withdraw a corridor where an operator, regulator or interconnect partner requires it, where traffic quality degrades, or where continued delivery would breach law. We will give reasonable notice where circumstances allow.
04
Your traffic and your obligations
You are responsible for the content and the recipients of every message you submit. You must:
- hold valid, documented and current consent from each recipient where consent is required;
- honour opt-out requests, including STOP and equivalent local keywords, without delay;
- identify yourself accurately in message content and in the sender identity you use;
- declare the correct traffic class for each message;
- comply with all applicable law and operator rules, including the TCPA and CTIA guidelines in the United States, the GDPR and PECR in Europe, TRAI DLT requirements in India, and equivalent regimes elsewhere; and
- comply with our Acceptable Use Policy.
You must retain evidence of consent and provide it to us within five business days of a request, including where an operator or regulator raises a complaint about your traffic.
05
Sender identities and registration
Many markets require a sender identity, brand, campaign or content template to be registered before traffic will be delivered. Where we prepare and file registrations on your behalf, you must supply accurate supporting information and you remain responsible for its accuracy.
Registrations are granted and withdrawn by regulators, registries and operators, not by THOG. We cannot guarantee that any registration will be approved, or that an approved registration will be maintained. Third-party registration and vetting fees are passed through at cost and quoted before we file.
06
Fees, billing and taxes
Rates are quoted and invoiced in USD. Messages are billed per delivered segment at the rate applicable to the destination and traffic class, in accordance with the rate card or list rates in force when the message is submitted.
Prepaid balances are consumed as traffic is sent. Invoiced accounts are billed monthly in arrears and payable within the period stated on the invoice. We may suspend sending where an account is past due or a prepaid balance is exhausted.
Operator termination rates change, particularly in regulated markets. Committed rate cards are fixed for their agreed term; list rates may be revised on notice published on this website. Fees are exclusive of taxes, duties and withholdings, which are your responsibility. Except where required by law, payments are non-refundable, and delivered messages are not refundable.
07
Suspension and termination
We may suspend or filter traffic immediately, with notice as soon as reasonably practical, where we reasonably believe it breaches these Terms or the Acceptable Use Policy, exposes us or an operator to legal or regulatory risk, damages route quality for other customers, or appears fraudulent or unauthorised.
Either party may terminate an account on written notice where no fixed term applies. Termination does not affect fees accrued before it takes effect. On termination we cease accepting traffic and, subject to our retention obligations, delete or de-identify account data as described in the Privacy Policy.
08
Intellectual property and confidentiality
The THOG platform, documentation, website content, rate data and brand belong to 100 Technology LLC or its licensors. You receive a limited, non-exclusive, non-transferable right to use the platform during the term of your account. You retain all rights in the content of your messages and in your own trade marks.
Rate cards, route quality data and commercial terms we share with you are confidential and may not be disclosed to a third party without our written consent, except where disclosure is required by law.
09
Warranties and disclaimers
We provide the platform with reasonable skill and care. Except as expressly stated in these Terms or a signed order form, the platform is provided "as is" and we disclaim all other warranties to the fullest extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant uninterrupted or error-free operation, or that any particular message will be delivered to any particular handset within any particular time.
10
Limitation of liability
Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud, or for death or personal injury caused by negligence.
Subject to that, neither party is liable for indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, goodwill, data or anticipated savings. Our total aggregate liability arising out of or in connection with the service in any twelve-month period is limited to the fees you paid to us for the service in the three months preceding the event giving rise to the claim.
11
Indemnity
You will indemnify 100 Technology LLCagainst claims, penalties, fines and reasonable costs arising from your message content, your recipient lists, your lack of valid consent, your breach of these Terms or the Acceptable Use Policy, or your infringement of a third party's rights, including claims brought by mobile operators, regulators or recipients.
12
Changes to these Terms
We may update these Terms as our services, operator obligations or legal requirements change. The date shown alongside this page identifies the current version. Material changes will be communicated through the website or to the contact details on your account, and continued use after the effective date constitutes acceptance.
13
Governing law and contact
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules. The state and federal courts located in that jurisdiction have exclusive jurisdiction over any dispute, and each party submits to that jurisdiction.
If any provision is held unenforceable, the remainder continues in force. Our failure to enforce a provision is not a waiver of it. Questions about these Terms may be sent to [email protected].