Version: 2026-04-03

1. Parties

The MyOwnSMS service is provided by:

• TS1 di Marco Franceschi
• C.F. FRNMRC75S18G628M
• P.IVA 01891780460 (IT)
• VIA DELLA GUIDICCIONA EST, 35/E - 55049 VIAREGGIO (LU - IT)
• PEC: ts-1.net@pec.it

2. Subject matter

These terms govern access to and use of the MyOwnSMS service, including:

• the commercial website and customer account area;
• license sale and management;
• support related to the service;
• the related documentation made available to customers.

3. Service scope

The service is primarily intended for merchants and business users who operate their own website or project and who use the service within their own commercial environment.

If a consumer purchase is accepted, mandatory consumer protections under applicable law remain fully applicable.

4. Account and purchase

To purchase or use the service, the customer may be required to provide accurate and complete information.

The customer is responsible for:

• providing correct billing and contact details;
• keeping account information up to date;
• reviewing order details before completing the purchase;
• maintaining access to the email address used for account and service communications.

5. License and activation

• the license is issued according to the commercial flow communicated at purchase;
• the license key alone does not automatically imply domain activation;
• the license is valid only within the scope agreed at purchase and according to the technical rules communicated by the controller;
• the controller may refuse, suspend, or revoke a license in case of non-compliant use, abuse, fraud, or breach of these terms.

6. Customer obligations

The customer agrees to:

• use the service only for lawful purposes;
• provide accurate data for activation and support;
• keep credentials, keys, and access data secure;
• use the service only in environments and on domains authorized by the purchase;
• ensure that any SMS sending activity has a proper legal basis and complies with applicable law.

7. Prohibited use

The service may not be used for:

• spam or unsolicited messaging;
• misleading, unlawful, or fraudulent communications;
• activation on unauthorized domains;
• reverse engineering, API abuse, or circumvention of license controls;
• unlawful processing of personal data.

8. Support

Support is governed by the applicable support and service policy and may be limited to the MyOwnSMS product scope.

The controller may request the minimum information necessary to diagnose a support issue, such as the relevant domain, masked license reference, timestamps, screenshots, or logs.

9. Availability

The controller will use reasonable care to keep the service operational, but does not guarantee uninterrupted availability or the complete absence of errors unless otherwise agreed in writing.

The service may depend on third-party infrastructure and external services beyond the controller's direct control.

10. Suspension and termination

The controller may suspend or terminate access to the service if:

• these terms are breached;
• the service is used unlawfully or in a risky way;
• payment is missing, where applicable;
• a security incident or urgent technical need requires immediate action.

11. Fees, renewals, and expiry

• fees and license duration are those communicated during the commercial process;
• the current model provides for an annual license and renewal, unless otherwise stated;
• the renewal policy, renewal notice timing, and the consequences of non-renewal are governed by the applicable commercial documentation and by the withdrawal, refund, and renewal policy.

12. Refunds and withdrawal

Any refund or withdrawal request is governed by the applicable withdrawal, refund, and renewal policy and by mandatory consumer protection rules where applicable.

13. Intellectual property

The software, documentation, trademarks, technical layouts, and licensing systems remain the property of the controller or their respective right holders.

The customer receives only the right to use the service within the agreed limits.

14. Privacy

Personal data are processed according to the website privacy policy and any applicable privacy arrangements.

15. Disclaimer and limitation of liability

To the maximum extent permitted by applicable law and except in cases of fraud or gross negligence, the controller is not liable for:

• indirect or consequential losses;
• interruptions caused by third parties or external infrastructure;
• misuse of the service by the customer;
• the absence of legal grounds or consent for the customer's SMS sending activity.

16. Changes to the terms

The controller may update these terms to reflect legal, commercial, or technical changes.

Where the change materially affects the customer, the controller will use a reasonable method to make the change visible.

17. Governing law and jurisdiction

These terms are governed by Italian law, unless mandatory consumer rules require otherwise.

Any jurisdiction clause must be applied in compliance with mandatory rules for consumers and with the actual structure of the contractual relationship.

18. Contact

For any question about these terms, the customer may contact:

• TS1 di Marco Franceschi
• marcofranceschi.ts1@gmail.com
• ts-1.net@pec.it