Your use of a Swift SMS Gateway™ website, system or services signifies your agreement with this Acceptable Use Policy. This Acceptable Use Policy is subject to change without prior written notice at any time, in Swift SMS Gateway™’s sole discretion. It is your responsibility to review this Acceptable Use Policy from time to time for such changes.
Disclaimer
Swift SMS Gateway™ may have provided links and pointers to Internet sites maintained by third parties. Swift SMS Gateway™ does not operate or control in any respect any information, products, or services on these third-party sites. The materials in this site and the third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Swift SMS Gateway™ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Swift SMS Gateway™ does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. Swift SMS Gateway™ does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Swift SMS Gateway™) assume the entire cost of all necessary maintenance, repair or correction.
Ownership
Copyrighted © 2007 – 2026. Swift SMS Gateway Inc. ™ All Rights Reserved. Unless otherwise specified, all components, such as layout design, graphics, HTML, JavaScript, multimedia presentation of this website are the sole property of Swift SMS Gateway™. No materials from this website may be reproduced, modified, copied, republished, or distributed in any form without Swift SMS Gateway™’s prior written consent.
www.smsgateway.ca™ www.swiftsmsgateway.com™ www.grext.com™ and the corporate logos of SMS Gateway, Swift SMS Gateway and Grext as well as other product and service logos are trademarks of Swift SMS Gateway Inc. Resellers and partners of Swift SMS Gateway™ may place additional terms upon these services exclusive to their own sale. Swift SMS Gateway™ holds no liability or extended warranty to others terms. Other trademarks or service marks are the property of their respective owners.
Purpose
This Policy is designed to assist in protecting the Services provided by Swift, the Swift network, Users of the network, the Internet, and the Internet community as a whole from improper service use and/or illegal activity. Any activities contrary to or in violation of this Policy are prohibited.
Prohibited Activities
A User’s failure to comply with this Policy constitutes a violation by the Customer as determined in Swift’s sole discretion (“Violation”), with each such failure constituting a separate Violation. A Violation of this Policy may result in suspension or termination of Service and/or termination of the Customer’s Agreement, as described below. Customers shall immediately notify Swift if they know or have a reasonable suspicion that a User of the Services is using them in Violation of this Policy. Customers shall contractually require that all Users comply with this Policy. Prohibited activities include, without limitation, the following:
Illegal Use
Use of the Services in violation of any law is prohibited. This includes but is not limited to violations of telecommunications standards and protections enforced by jurisdiction e.g., robocall, telephone slamming, or the like. Any use of the Services for the transmission, distribution, retrieval, or storage of material (“Transmission”) that violates any law in the jurisdiction that the message is sent to, or is in furtherance of any criminal enterprise is prohibited, including, without limitation, the following: (i) Intellectual Property – unauthorized Transmission of material protected by patent, copyright, trade secret, or other intellectual property rights (including, without limitation, copyright acts; (ii) Inappropriate content – any Transmission of material that is obscene or constitutes child pornography, material that is libellous, defamatory, hateful, or that constitutes an illegal threat or abuse; (iii) Export control – Unauthorized Transmission of any material that may violate export control laws or other regulations; (iv) Forging of Headers – misrepresenting or forging message headers to mask the originator of a message. For example, pertaining to a message sent to the jurisdiction of the U.S.A, this pertains to (v) CAN-SPAM ACT – failure to comply with all provisions of the CAN-SPAM Act (15 U.S.C. 7701, et. seq., and 16 C.F.R. Part 316) or (vi) Use of Swift provided TNs – Telephone Numbers provided by Swift may not be used by Customers or any downstream customers in use related to illegal robocalls, spam calls or messages, or any call or spam intended to harass, defraud, or steal money or information from the receiving caller.
Services and Network Security
Swift makes no guarantee regarding, and assumes no liability for the security and integrity of any data or information transmitted by a User over the Internet. Use of the Services is subject to communications law pertaining to the local enforcement of it. In Canada this is PIPEDA, and for US bound messaging, this is the Communications Assistance for Law Enforcement Act (CALEA). Any attempt to breach system and network security measures is a Violation and may result in criminal and civil liability. These Violations include, without limitation, the following: (i) Unauthorized Access – Users may not attempt to gain unauthorized access to or attempt to interfere with the normal functioning and security of Swift’s network or any other system, computers, accounts, or networks or purposely breach firewalls or security measures of another company’s or individual’s system (hacking); (ii) Unauthorized Monitoring – Users may not attempt to monitor any information on any network or system without authorization from the network administrator; (iii) Interference – Users may not attempt to intercept, redirect or otherwise interfere with communications intended for others; (iv) Fraud/Forgery – Users may not impersonate another party by altering IP addresses or forging TCP-IP packet header information within an e-mail or newsgroup posting; (v) “Denial of Service Attacks” – Users may not cause or further a denial of service attack or otherwise flood or attempt to overload a system; (vi) Virus Transmission– Users may not intentionally or negligently transmit files containing a computer virus, Trojan Horse, worms, corrupted data, or other destructive activities.
Complaints
If Swift receives any complaints from third parties with respect to a User’s use of the Services (“Complaints”), the Customer shall, within twenty-four (24) hours, respond to such Complaints to the reasonable satisfaction of Swift and any failure to respond shall be deemed a Violation authorizing Swift to take any of the actions described in Warning / Suspension / Termination. In addition, in the event Swift receives more than five (5) Complaints in a one-month period or more than ten (10) Complaints in any ninety-day period, it shall be deemed a Violation authorizing Swift to take any of these actions described.
In the event that Swift has a good faith suspicion that the Customer is in violation of Services and Network Security, the Customer shall, within twenty-four hours of a request by Swift, provide to Swift a copy of any Transmission of messaging or e-mail that caused such suspicion or generated a Complaint as well as the underlying consent by the recipient to receive such Transmission of messaging or e-mail, provided that, the Customer shall take appropriate action to protect the privacy of the recipient.
Messaging Compliance and Consumer Consent
Use of the Services for application-to-person (“A2P”) messaging is subject to the principals and practices enforced by jurisdiction. For example, in Canada this is governed by the CRTC and PIPEDA and codes of conduct of participating mobile carriers, and the CWTA (Canadian Wireless Telcom Association). In the USA, CTIA Messaging Principles and Best Practices, and the requirements of The Campaign Registry (“TCR”), and applicable law including the TCPA and FCC regulations. Swift considers the following are Violations: (i) Unregistered A2P Traffic – transmitting A2P messaging over 10-digit long codes without a registered and approved campaign, or outside the scope of the registered use case; (ii) Messaging Without Consent – sending messages without the level of consumer consent required for the content transmitted (including express written consent for marketing), using purchased, rented, or shared opt-in lists, or enrolling a consumer in more than one messaging program from a single opt-in; (iii) Failure to Honor Opt-Outs – failing to honor STOP or other opt-out requests, including revocation made by any reasonable means, within the timelines required by the rules; (iv) Prohibited Messaging Content – transmitting content prohibited on 10DLC by carrier codes of conduct, including, without limitation, substances illegal at the federal level (including cannabis and CBD), phishing, smishing, or impersonation, SHAFT-category content without robust age verification, high-risk financial offers, lead generation or affiliate marketing, and deceptive or evasive practices such as snowshoeing, number rotation, or URL cycling; (v) Consent Records – failing to retain records of consumer opt-in and opt-out sufficient to evidence consent — from the date of opt-in until at least six months after opt-out per jurisdictional guidelines such as in the USA, the CTIA guidelines, with Swift recommending retention for four years after the last message — and to produce them in accordance with (vi) A2P Misclassification and Route Evasion – disguising A2P traffic as P2P or conversational messaging to evade registration, vetting, or carrier review, or delivering messages over grey, off-net, or otherwise unauthorized routes, whether domestic or international; and (vii) Platform Program Policies– violating the program policies of the messaging platforms over which traffic is delivered, including Google’s RCS Business Messaging policies and applicable verified-sender and branded-messaging program requirements.
Regulatory Responsibility; Compliance Databases and Registrations
The Customer is solely responsible for identifying, understanding, and complying with — and for ensuring that its Users and any downstream customers comply with — all laws, regulations, industry requirements, registrations, filings, and database obligations applicable to the Customer’s use of the Services, in each jurisdiction in which the Customer operates or in which its traffic originates or terminates. Swift’s provision of the Services — including any screening, tooling, or registration assistance — does not transfer any such obligation to Swift. Regulatory requirements change frequently. The references in this Section are illustrative examples only, current as of this Policy’s last-updated date; laws, rules, deadlines, and official interpretations may have changed since, and nothing in this Policy is legal advice or a complete or current statement of any law. The Customer must perform its own due diligence to identify and comply with the current version of every local law and requirement applicable to its traffic, and the failure to obtain or maintain any applicable registration, filing, certification, query practice, or consent obligation is a Violation. Applicable requirements include, without limitation, the following: (i) Reassigned Numbers Database– Such as in the U.S.A where the Customer relies on prior express consent to call or message a number, querying the FCC’s Reassigned Numbers Database at www.reassigned.us to verify that the number has not been permanently disconnected and reassigned since consent was obtained — the TCPA safe harbor for calls or messages to reassigned numbers is available only to callers that query the database and retain records of their queries; (ii) Robocall Mitigation Database– where the Customer or any downstream customer is itself a voice service provider, gateway provider, or intermediate provider, maintaining an accurate and active filing in the FCC’s Robocall Mitigation Database (“RMD”), including a robocall mitigation plan and know-your-customer procedures, updating the filing within ten (10) business days of any change, and recertifying annually by March 1; Swift may refuse — and may be required by law to refuse — traffic from any provider without an active RMD filing. Swift maintains its own active RMD filing, available for review in the FCC’s database; (iii) Call and Message Time Controls (“Quiet Hours”) – not placing calls or sending messages outside approved hours: under federal rules, telephone solicitations and telemarketing messages may not be delivered before 8:00 a.m. or after 9:00 p.m. local time at the recipient’s location, and stricter state windows, Sunday and holiday restrictions, and per-day or per-period contact-frequency caps apply in a number of states. The Customer is responsible for determining each recipient’s local time and jurisdiction — including where the phone number’s area code and the recipient’s actual location differ — and for queuing or suppressing traffic until an approved window; (iv) Federal Communications and Marketing Laws– the Communications Act and telecom regulations; the TCPA and 47 C.F.R. § 64.1200, including consent, sender-identification, and revocation-handling requirements; the FTC’s Telemarketing Sales Rule; the National Do Not Call Registry and applicable state registries; the Truth in Caller ID Act; the TRACED Act and STIR/SHAKEN caller ID authentication rules (including, where applicable, obtaining the Customer’s own Service Provider Code token and certificate); and the CAN-SPAM Act, and PIPEDA in Canada; (v) Communications and Telemarketing Laws – Provincial and State telemarketing statutes that extend to marketing calls, texts, and voicemails — with registration, bonding, quiet-hour, frequency, and private-enforcement regimes that are frequently stricter than federal law — including, as of this writing, U.S.A statutes in Florida, Texas, Oklahoma, Oregon, Pennsylvania, Tennessee, Washington, Maryland, and Connecticut, and analogous laws of other states, and similar Canadian statutes in Ontario, Quebec, Alberta, and British Columbia; (vi) Sector-Specific Laws– where applicable to the content or audience of the Customer’s traffic, HIPAA, the Gramm-Leach-Bliley Act, the FDCPA and Regulation F, COPPA, and similar requirements; (vii) International Requirements– for traffic originating from or delivered to recipients outside the Canada, the applicable laws of the origination and destination markets, including, e.g., the EU GDPR and ePrivacy rules, the U.K. PECR, and Australia’s Spam Act; and (viii) Industry Programs – the registrations and industry requirements described in Section 2.5, including in the U.S.A the TCR campaign registration, carrier codes of conduct, CTIA guidelines, toll-free number verification, and short code program requirements. The Customer shall maintain records sufficient to evidence its compliance with the foregoing — including database query logs, filings, registrations, and consent records — and shall produce them in accordance with the terms expressed.
Brand and Account Responsibilities
The Customer — and each brand on whose behalf traffic is sent — is responsible for the following whether traffic is sent directly or through an intermediary, and each failure is a Violation: (i) Accurate Registration Data – the truthfulness, accuracy, and currency of all information submitted for brand or campaign registration, toll-free verification, short code applications, RCS agent onboarding, and caller-name (CNAM) or branded-calling display, with prompt correction when it changes; submitting false, misleading, or borrowed registration information is prohibited; (ii) Sender Identification and Keyword Handling – identifying the brand in each messaging program and honoring HELP with program information and STOP (and equivalent opt-out keywords) with an opt-out confirmation, for the life of the program; (iii) Opt-In Flows and Landing Pages – maintaining the call-to-action, terms, and privacy disclosures where opt-in is collected, including a publicly accessible privacy policy stating that mobile opt-in data will not be shared with third parties for marketing purposes, functioning links (public URL shorteners are prohibited on 10DLC), and content consistent with the registered campaign; (iv) Carrier Fees, Fines, and Audits– all pass-through fees, surcharges, penalties, and fines assessed by carriers, registries, or downstream connectivity partners on account of the Customer’s traffic (including per-message non-compliance fines), and timely, complete responses to registry, carrier, or regulator audits and information requests; (v) Credential and Application Security– safeguarding API keys, tokens, and account credentials. Traffic transmitted using the Customer’s credentials is the Customer’s responsibility, including artificially inflated traffic (“SMS pumping”), toll fraud, and other fraud resulting from compromised Customer systems, and the Customer shall promptly notify Swift upon discovering any compromise; (vi) Recipient Data Privacy– compliance with applicable privacy and data-protection laws for recipient personal data the Customer collects and uses (including state comprehensive privacy laws), for which the Customer is the controller or business and Swift acts as a service provider or processor as described in Swift’s general Privacy Policy; (vii) List Hygiene and Traffic Quality – maintaining recipient list hygiene — including suppression of opt-outs, deactivated numbers, and reassigned numbers — and keeping complaint, opt-out, and block rates within carrier and industry thresholds; Swift may throttle, filter, or suspend traffic that exceeds them; (viii) AI and Bot Disclosure – complying with applicable federal and state requirements to disclose the use of artificial-intelligence-generated voice or automated conversational agents in calls and messages; and (ix) End-User Voice Service Obligations– where the Customer uses the Services to provide voice service to end users, compliance with 911 and E911 obligations (including dispatchable-location requirements in jurisdictional law enforcement), CPNI protections, and applicable registration and reporting obligations.
Informational and Lookup Services
The following apply to Swift’s informational and lookup services — including CNAM, LRN, and MCL queries and similar data services (“Lookup Services”) — and each failure is a Violation: (i) Permissible Use – query results may be used solely in connection with lawful, real-time communications processing by the Customer or its Users for the number queried — routing, caller or sender identification, billing, and fraud prevention — and may not be used to locate, track, profile, harass, or stalk any individual or to compile information about individuals unrelated to a communication; (ii) No FCRA Use– Lookup Services are not consumer reports and Swift is not a consumer reporting agency; results may not be used, in whole or in part, to determine any person’s eligibility for credit, insurance, employment, housing, or any other purpose regulated by applicable credit protection acts; (iii) No Caching – query results may be used only for the immediate transaction that generated the query and may not be cached, stored, aggregated, or reused for any subsequent transaction; each subsequent transaction requires a fresh query. Transient technical copies necessary to complete the immediate transaction, and records the Customer is required by law to retain, are permitted; (iv) No Database Building or Standalone Data Products – results may be passed to the Customer’s own Users only as part of fulfilling the same real-time transaction that generated the query; results may not be aggregated, published, or marketed as a standalone data product, or used to build, train, augment, or maintain any directory, dataset, model, or database, and bulk harvesting, scraping, or systematic enumeration of numbering resources is prohibited; and (v) Query Integrity – generating queries materially disproportionate to the communications traffic that the Customer and its Users actually carry or support, on any network (including abnormal dip-to-call or dip-to-message ratios), circumventing rate limits or metering, or sharing credentials to aggregate query access is prohibited.
10DLC Design and Compliance Tools
Swift makes available tools that generates suggested registration content, opt-in workflows, consent verbiage, message templates, web artifacts, and evidence-capture tooling (collectively, “Generated Materials”), including the 10DLC Campaign Design and the 10DLC Opt-In Design (the “Tools”). Use of the Tools is subject to Swift Terms & Conditions of Use, available for download within Swift, which this Section summarizes and incorporates by reference; in the event of a conflict, those terms and the Customer’s Agreement control. In particular: (i) No Legal Advice – Generated Materials are provided for convenience and informational purposes only and are not legal advice; they must be reviewed and approved by the Customer and its compliance owner or counsel before production use; (ii) Consent Responsibility – consumer opt-in collection, opt-out handling, and consent record-keeping remain solely the Customer’s responsibility in every configuration. Where Swift provides a collection endpoint — whether storing backup copies of consent events or operating the collection and validation flow on the Customer’s behalf — Swift acts solely as a technical processor, and such receipt, processing, or storage does not transfer compliance responsibility for any consent to Swift; (iii) Records – the Customer must regularly export and retain consent records processed or stored on Swift infrastructure as its own consent evidence; (iv) Advisory Output – scores, verdicts, and reviews produced by the Tools are advisory assessments only and do not guarantee registration, approval, deliverability, throughput, or non-enforcement by any registry, DCA, carrier, or regulator; (v) Website Verification – by submitting a website address, the Customer authorizes Swift’s automated systems to access that address, the publicly reachable pages it links to, and any redirect destinations for verification purposes, and confirms it has the right to authorize that access; and (vi) Automated Processing – content submitted to the Tools is processed by automated analysis systems, including third-party artificial-intelligence infrastructure operated for Swift under contract, configured to exclude submitted content from use in training publicly available AI models, as further bound by Swift’s Privacy Policy.
Warning / Suspension / Termination
In the event of a Violation, Swift may, in its sole and absolute discretion, take any or all of the following actions: (i) Warning – Swift may issue a verbal, e-mail, or written warning notifying the Customer of the Violation and the corrective action that must be taken. A warning may also provide that Swift will suspend or terminate all or part of a Customer’s service in the event of any additional Violation; (ii) Suspension – Swift may suspend, with or without warning, all or part of a Customer’s Service and may condition restoration of such Service upon the Customer affecting corrective action; (iii) Termination – Swift may, with or without warning, and with or without prior suspension, terminate all or part of the Customer’s service and may terminate the Customer’s Agreement.
The foregoing is not an exhaustive list of actions Swift may take in the event of a Violation, and suspension or termination of Customer’s Service is not an exclusive remedy and shall not affect any other rights Swift may have under the Agreement. Swift shall have no liability to the Customer or Users in the event the Customer’s Agreement is terminated and/or a User’s service is suspended or terminated in accordance with this Policy.
5. Miscellaneous. Failure of Swift to enforce this Policy or take any action with respect to a Violation shall not constitute a waiver of its right to enforce any action with respect to another Violation. Swift takes no responsibility for any material created or accessed via the Services. Customer and User messaging traffic (including SMS, MMS, and RCS) is subject to automated screening — including by artificial-intelligence systems, with human oversight as required by applicable law — for fraud, spam, scams, phishing, malware, illicit content, and other violations of law, carrier or industry requirements, or this Policy, as further described in Swift’s Privacy Policy. Such screening does not constitute an assumption by Swift of any obligation to monitor the Services, and Swift does not verify, warrant, or validate the integrity, accuracy, or quality of information it receives or transmits, but reserves the right to review any Transmission where it has a good faith suspicion that a Customer or User may have violated this Policy. Swift will cooperate with appropriate law enforcement and government agencies or other parties involved in investigating claims of illegal or inappropriate activity. Swift reserves the right to modify this Policy at any time by communicating such modified Policy to the Customer or by posting it on Swift’s website at www.swiftsmsgateway.com, effective upon posting.