Terms and Conditions
Version 2.0 | Effective 16 June 2026
These Terms and Conditions govern the supply of the Babeltext messaging service to business customers. They replace the version dated May 2023. By completing registration and using the Service, the Customer agrees to be bound by these Terms.
1. Definitions
In these Terms of Service:
“Account” means the Customer’s subscription for the Service, including the business and login information and Password by which the Customer receives the Service.
“Charges” means the amount payable by the Customer for the Service.
“Messages” means a text or messaging communication (including SMS and messages sent over supported channels such as WhatsApp, WeChat, Telegram, Web Chat, Instagram, Discord and Facebook Messenger) sent using the Service.
“Password” means the combination of the Customer’s account details and a password provided by Babeltext to the Customer after the Customer has accepted these Terms of Service.
“Pricing Structure” means the schedule identifying the Charges applicable for the Service or any part of the Service, as amended from time to time.
“Privacy Policy” means the Babeltext Privacy Policy published at babeltext.com, as amended from time to time.
“Terms of Service” means the terms and conditions contained on these pages as amended from time to time, including any attached schedules, the Babeltext copyright and disclaimer provisions, the Privacy Policy and the Pricing Structure.
“Service” means the services outlined in clause 2.
“Site” means the website identified by the Babeltext domain name.
“Babeltext” means Babeltext Pty Ltd, ABN 654 264 918, of 98 Bronte Road, Bondi Junction NSW 2022.
“the Customer” means the subscriber to the Service, commencing upon acceptance of these Terms of Service.
2. The Service
2.1 The Service enables the Customer to send Messages to mobile and messaging-app recipients, on a non-transferable basis during the term of the agreement, via the Babeltext platform. The Service supports delivery to recipients in multiple countries, including Australia, New Zealand, the United Kingdom and the United States, subject to applicable carrier and regulatory requirements.
2.2 The Babeltext platform can be accessed via the Babeltext website, the Babeltext API, or an approved file-transfer process.
2.3 Where the Customer uses the Service to message its own end users, the Customer is the controller of that end-user personal information and Babeltext acts as the Customer’s processor/service provider in accordance with the Privacy Policy and any applicable data-processing agreement.
3. Customer Obligations
3.1 The Customer must:
- (a) complete the registration process and accept these Terms of Service, as amended from time to time;
- (b) correctly and accurately enter Customer business details as part of registration, including any brand-registration details required for carrier messaging programs (for example, US A2P 10DLC brand and campaign registration with The Campaign Registry);
- (c) abide by these Terms of Service and all applicable laws, and not place Babeltext in breach of any law;
- (d) pay Babeltext all fees and charges incurred from use of the Service and all applicable government taxes, duties or levies;
- (e) provide Babeltext with all information and cooperation reasonably required in relation to the Service;
- (f) follow Babeltext’s instructions regarding use of the Service; and
- (g) obtain prior written permission from Babeltext before on-selling the Service to other customers, users or businesses.
3.2 The Customer acknowledges and accepts responsibility for the content of Messages sent via the Service. The Customer warrants not to transmit any Message that is unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, or that constitutes spam or unsolicited messaging, or that violates the rights of a third party (including intellectual property rights). Babeltext is not liable for the content or nature of the Customer’s Messages.
3.3 Consent and Messaging Compliance
The Customer may use the Service only for legitimate purposes and only to send Messages to recipients who have validly consented to receive them. Where the Service is used for marketing or promotional messaging, the Customer must hold, and be able to produce on request, evidence of each recipient’s consent.
The Customer is the message originator and is responsible for complying with all laws and carrier requirements applicable to the destination of its Messages, including but not limited to:
- Australia — the Spam Act 2003 (Cth) and applicable ACMA / industry codes;
- New Zealand — the Unsolicited Electronic Messages Act 2007;
- United States — the Telephone Consumer Protection Act (TCPA), the CTIA Messaging Principles and Best Practices, and The Campaign Registry / A2P 10DLC carrier requirements (including valid, brand-specific opt-in and STOP/HELP handling);
- United Kingdom — the UK GDPR, the Privacy and Electronic Communications Regulations 2003 (PECR) and the Data Protection Act 2018.
The Customer must maintain a functional opt-out mechanism (such as STOP) in its messaging programs and must act on opt-out requests promptly. Consent obtained for one brand may not be transferred to, or reused by, any other brand. Babeltext can provide guidance on obtaining valid consent if requested but is not responsible for the Customer’s compliance.
4. Babeltext Provision of the Service
4.1 Babeltext is not responsible or liable for any promotions, advertising or Messages between the Customer and any third party in connection with the Service.
4.2 Babeltext reserves the right to modify or suspend the Service with reasonable notice to the Customer. Babeltext will not be liable to the Customer or any third party for any modification, suspension or discontinuance of the Service.
4.3 Babeltext may suspend or filter Messages, or suspend an Account, where reasonably necessary to comply with carrier requirements, law, or to prevent harm, spam or abuse.
5. Privacy and Data Protection
5.1 The Customer must keep its Password and Account details confidential and is responsible for any use of the Service that occurs under its Password or Account. The Customer must notify Babeltext immediately of any unauthorised use or breach of security.
5.2 Babeltext collects and handles personal information in accordance with its Privacy Policy, which forms part of these Terms of Service. The Privacy Policy describes how Babeltext acts as a controller of its own business-contact information and as a processor / service provider of end-user information handled on the Customer’s behalf.
5.3 Babeltext will not disclose Customer or end-user information except in accordance with the Privacy Policy, as authorised by the Customer, or as required by law. Babeltext may use de-identified, aggregated data provided no individual is identifiable.
Mobile information and SMS consent. Babeltext does not share mobile information, SMS opt-in data or consent records with third parties or affiliates for marketing or promotional purposes. Such information is used only to deliver the messaging requested by the Customer and its end users, and to meet legal and regulatory obligations.
5.4 The Customer must notify Babeltext without undue delay if it becomes aware of any personal-data breach affecting information processed through the Service, to support each party’s notification obligations (see the Babeltext Data Breach Guidelines).
6. Payment
6.1 Babeltext will issue a GST-compliant invoice for products and services at the end of each calendar month, detailing the charges for that month. Invoices are payable within 14 days of the close of the previous billing month.
6.2 Charges are determined in accordance with the Pricing Structure as amended from time to time. Babeltext will give the Customer 30 days’ prior written notice of any change to the Pricing Structure.
6.3 If the Customer has not prepaid, the Customer remains liable for all Charges incurred prior to termination. Termination does not release the Customer from liability for outstanding Charges.
6.4 If the Customer has prepaid and elects to discontinue the Service for any reason other than a breach by Babeltext of the Service Level Agreement, unused purchases, fees or messages are not refundable, including any prepaid annual packages or plans.
6.5 Monthly and annual billing commences from the first calendar day of the month in which the account is activated, regardless of the provisioning date. No pro-rata reduction applies to packages commencing after the first calendar day of the month.
7. Changes to the Terms of Service
7.1 Babeltext may change these Terms of Service and/or the Pricing Structure and will notify the Customer by posting the updated version on the Site.
7.2 Babeltext will advise the Customer in writing of changes to these Terms of Service. Any change other than message market rates must be mutually agreed by Babeltext and the Customer.
8. Termination
8.1 If either party is deemed to breach any part of these Terms, either party may apply for termination of the Account after serving 30 days’ written notice. The Customer remains liable for all outstanding Charges up to the date of termination.
8.2 Babeltext may terminate the Customer’s Account immediately if, in Babeltext’s reasonable opinion, the Customer has violated these Terms of Service or applicable carrier requirements or law.
9. Copyright Notice
9.1 The Babeltext platform, the Site and its contents are subject to copyright under the laws of Australia and, through international treaties, other countries. The copyright is owned by Babeltext Pty Ltd. Third parties may own some content on the Site (such as their own company logos).
9.2 The Customer accepts that copyright, trademarks and other proprietary rights protect all contents of the Service. The Customer must not reproduce, transmit, adapt or otherwise exercise the copyright in the whole or any part of the Site except as permitted by statute or with Babeltext’s written consent.
10. Disclaimers, Indemnities and Limitation of Liability
10.1 Use of the Service is at the Customer’s sole risk. The Service is provided on an “as is” and “as available” basis. Babeltext does not warrant that the Service will meet the Customer’s requirements or be uninterrupted, timely, secure or error-free, nor does it warrant the results obtained from use of the Service.
10.2 Babeltext charges for use of the Service at the agreed rate per message per intended recipient, irrespective of whether the message is successfully delivered. Messages sent to a group are treated as individual messages to each member and charged accordingly.
10.3 Although the Site may be accessed from outside Australia, Babeltext makes no representation that the content of the Site complies with the laws of any country or jurisdiction outside Australia.
10.4 Babeltext will use due care and skill in the storage and transmission of message content in accordance with clause 5 and its Privacy Policy. However, due to the nature of the media used, Babeltext does not guarantee that information will not be received or handled other than as intended.
10.5 To the extent permitted by law, Babeltext and its employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or consequential loss) arising from use of, or reliance on, the Service, except to the extent caused by Babeltext’s negligence. Where liability cannot lawfully be excluded, Babeltext’s liability is limited to the extent permitted by law.
10.6 The Customer releases and indemnifies Babeltext Pty Ltd, its officers and employees from liability for any direct, indirect, incidental, special or consequential damages, including liability arising from unauthorised third-party access to data, and any claim by a third party arising out of the Customer’s use of the Service, violation of these Terms, or violation of the rights of another, except to the extent caused by Babeltext’s negligence.
10.7 Any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within 6 months after the claim arose, or be forever barred.
11. General
11.1 These Terms of Service are governed by the laws of New South Wales, Australia. The Customer and Babeltext submit to the non-exclusive jurisdiction of the courts of New South Wales.
11.2 Except as otherwise agreed, notices from the Customer to Babeltext must be sent via the Site or to the contact address below.
11.3 If any provision of these Terms is found invalid by a court of competent jurisdiction, the invalidity does not affect the validity of the remaining provisions.
11.4 Babeltext takes no responsibility for the accuracy of third-party translation software used in connection with the Service.
12. Acceptance of Terms of Service
12.1 By acknowledging that the Customer has read and understands these Terms of Service and completing registration, the Customer agrees to be bound by these Terms of Service, which contain the full and entire agreement covering the Customer’s use of the Service.
Questions: support@babeltext.com