Terms and Conditions

Last updated: 2 May, 2025

Please read these terms and conditions carefully before using the Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

For the purposes of these Terms and Conditions:

Application: Means the software program provided by Me (the Developer), downloaded by You on any electronic device, named Disposable SMS.
Application Store: The digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) where the Application has been made available.
Country: Refers to Nepal.
Developer: Referred to as either "the Developer", "I", "Me", or "My" in this Agreement, the independent developer of the Application, based in Nepal.
Device: Any device that can access the Service such as a computer, smartphone, or tablet.
Service: Refers to the Application, the Website, or both.
Terms and Conditions (also referred to as "Terms"): These Terms and Conditions that form the entire agreement between You and the Developer regarding the use of the Service.
Third-party Social Media Service: Any services or content provided by a third-party that may be displayed, included, or made available by the Service.
Website: Refers to Disposable SMS, accessible from https://disposablesms.com.
You: The individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and I. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read the Privacy Policy carefully before using My Service.

Links to Other Websites

My Service may contain links to third-party websites or services that are not owned or controlled by Me.

I have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that I shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

I strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

I may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall I or My suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even I or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You on an "AS IS" and "AS AVAILABLE" basis, with all faults and defects, and without any warranty of any kind. To the maximum extent permitted by applicable law, I, as the Developer, expressly disclaim all warranties — whether express, implied, statutory, or otherwise — with respect to the Service. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties that may arise from usage, trade practice, course of performance, or course of dealing.

Without limiting the above, I make no representation or warranty that:

The Service will meet Your requirements;
The Service will produce any intended results;
The Service will be compatible or function with other software, applications, systems, or services;
The Service will operate without interruption or be error-free;
Any defects or errors can or will be corrected.

Furthermore, I do not make any guarantees or warranties of any kind, either express or implied, regarding: (i) the operation or availability of the Service or the information, content, materials, or products included in it; (ii) whether the Service will be uninterrupted or free from errors; (iii) the accuracy, reliability, or currency of any information or content made available through the Service; or (iv) whether the Service, its servers, content, or any emails sent by or on behalf of Me are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

Some jurisdictions do not permit the exclusion of certain types of warranties or limitations on a consumer’s statutory rights, so some of the above exclusions or limitations may not apply to You. In such cases, the exclusions and limitations in this section will apply to the maximum extent allowed by applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that:

(i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and
(ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

I reserve the right, at My sole discretion, to modify or replace these Terms at any time. If a revision is material, I will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at My sole discretion.

By continuing to access or use My Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact Me:

By email: [email protected]
By visiting this page on the website: https://disposablesms.com