Terms

Last updated 14 October 2026 · Australia

1. The agreement

These terms are between you and Apex Commercial Group, the operator of Apex SMS Gateway (“Apex”, “we”) at getapexsms.com. If you use Apex for an organisation, you confirm that you are allowed to bind that organisation, and “you” includes that organisation.

The Privacy page explains how we handle personal information. It forms part of this agreement.

2. The service

Apex lets your organisation send and receive SMS using a nominated Android phone and the tools we make available in the product, including the Messages desk. Plans include Apex Free and Apex Business as described on Pricing. Business may include email↔SMS (Outlook, Gmail, or any normal mail app), known senders, and a Transport Planner integration key.

Apex is not a carriage service provider. You do not rent a phone number from us. Texts leave from the SIM in your gateway phone. Delivery depends on that phone, that SIM, and the mobile network. We do not promise that every message will be delivered by the carrier.

3. Accounts

You must give a real name, organisation, and email address, and confirm the email before the account can be used. Keep the password to yourself. You are responsible for activity under your login until you tell us it is compromised. We may refuse, suspend, or close an account that is unused, abusive, or opened with information that is not true.

One organisation’s users must not be given access to another organisation’s messages or settings. Tell us if you believe that has happened.

4. Acceptable use

You must not:

• break Australian spam, telecommunications, or other law, or help someone else break it;
• message people without a lawful basis and appropriate consent where required;
• ignore STOP, unsubscribe, or similar opt-out requests;
• send unlawful, harassing, fraudulent, or deceptive content;
• try to access another organisation’s account or data;
• probe, overload, or disrupt the service, except through a test we have agreed to;
• copy the product in order to build a competing service;
• resell access to Apex without our written agreement.

You are responsible for the content of messages sent from your nominated device and for keeping that device secured. We may pause or suspend sending if we reasonably believe use breaches these terms or puts the service or others at risk.

5. Your content and numbers

You keep ownership of the message content and contact information you provide. You give us a licence to host, process, back up, and display that material to your users for the sole purpose of providing Apex. You confirm that you have the right to provide any personal information in that material.

6. Plans, fees, and cancellation

Free and Business allowances, device limits, and login limits are described on Pricing and in the product. Over a plan’s daily or monthly outbound cap, new sends pause until the next period or until you upgrade. Apex does not add a per-text fee on top of your mobile plan.

Business is billed monthly in Australian dollars through Stripe. By upgrading you authorise recurring charges for the plan you select. Cancel in Billing (Stripe Customer Portal). You keep Business features until the end of the paid period, then the company returns to Free: email bridge and planner key stop; message history stays unless you ask us to delete the account.

Fees are generally non-refundable except where Australian Consumer Law requires otherwise. Complimentary Business granted by Apex may be moved to Free by a platform admin.

7. Availability

We take reasonable care to keep Apex running. The service can change, pause, or be interrupted for maintenance, faults, or factors outside our control (including your phone or carrier). Features may evolve. This is not a guaranteed uptime commitment. Export or copy anything you cannot afford to lose.

8. Our intellectual property

We own the software, the site, the Android app, and the Apex name and look. These terms do not sell that to you. They give your organisation a limited right to use the service while the account is open and these terms are met. That right ends when the account ends.

9. Liability

Nothing in these terms excludes, restricts, or modifies a guarantee, right, or remedy under the Australian Consumer Law, or any other law, that cannot lawfully be excluded.

To the extent the law allows, we are not liable for lost profit, failed deliveries by a mobile network, missed messages while a phone is offline, or other indirect or consequential loss arising from your use of the service or your inability to use it.

Where the law allows a limit, and the loss is not covered by a guarantee that cannot be excluded, our total liability to you for all claims in a 12 month period is limited to the fees you paid us for Apex in that period (which may be zero on Free). This limit does not apply to liability that the law says we cannot limit, including liability for fraud or for a personal injury caused by our negligence.

10. Suspension and ending use

You can stop using Apex at any time and cancel a paid plan as described above. Ask us to close the account and delete the information we hold for it, and we will do that, subject to any record the law requires us to keep. We may suspend or close an account that breaks these terms, or if we need to protect the service or another customer. We will tell the account’s email address when we can do so without undermining that protection.

11. Law

These terms are governed by the laws of Victoria, Australia. The courts of Victoria have jurisdiction. If a court finds one part unenforceable, the rest continues. We may update these terms by posting a new version on this page. If you keep using Apex after the update, the new version applies. The date at the top is the version in force.

12. Contact

[email protected] or the contact form. For how the product works, see How it works.