Terms & Conditions | Version 1.1.0 - Enterprise & Wholesale
Effective: December 15, 2024 | Last Updated: April 1, 2025
"Affiliate" means an entity controlling, controlled by, or under common control with a party.
"Agreement" means these Terms & Conditions plus any applicable Order Forms, Service Addenda, or Policies.
"Customer Data" means all data, contact lists, message content, and metadata submitted or transmitted through the Services.
"Services" means messaging, communication, voice, API access, number hosting, dashboards, software, and related offerings provided by Helix.
"Order Form" means any ordering document, online subscription, quote, invoice, or pricing schedule referencing these Terms.
"Channels" means SMS, MMS, RCS, WhatsApp, OTT (Viber, Telegram, Messenger), email, voice, or other communication services.
"Numbers" means any short code, long code, toll-free number, virtual number, or identifier provisioned by Helix.
These Terms govern all use of Helix Services.
In event of conflict: Order Form → Service Addenda → These Terms.
Helix offers global communication services including SMS, MMS, RCS, WhatsApp Business API, OTT messaging, Voice, verification, number hosting, and API integration tools.
Helix may use subcontractors, carriers, upstream providers, and technology partners to deliver Services.
Services may change over time due to regulatory updates, carrier policies, or platform improvements.
Customer is responsible for all activity originating from their account.
Customer may not:
Enforcement: Helix may block, filter, or stop any traffic violating these Terms.
Customer must obtain valid, auditable consent for all recipients.
Customer must honor STOP/UNSUBSCRIBE requests.
Customer must maintain proof of opt-in and provide it upon request.
Failure to comply can result in immediate suspension.
Helix may require:
Helix may suspend or deny service if verification is incomplete.
Helix and carriers may use automated or manual systems to detect spam, fraud, illegal content, and policy violations.
Traffic may be blocked, filtered, delayed, or rejected without delivery receipts.
Customer acknowledges these controls are mandatory for compliance and network protection.
All Numbers remain property of Helix or upstream providers.
Helix may reclaim Numbers for non-payment, non-compliance, regulatory reasons, or inactivity.
Customer is responsible for rental, porting, and regulatory fees.
Customer must comply with CNAM, A2P 10DLC registration, toll-free verification, and STIR/SHAKEN requirements.
Services are provided AS AVAILABLE and may be affected by carrier networks, international routing, or third-party platforms.
Planned maintenance may occur with reasonable notice. Emergency maintenance may occur without notice.
Helix may offer an SLA to specific enterprise customers under a separate SLA document. SLA obligations do not apply unless explicitly agreed in writing.
Customer shall pay all fees associated with Services as stated in Order Forms or dashboard pricing.
All carrier surcharges, regulatory fees, A2P fees, WhatsApp or OTT channel charges, and pass-through costs will be billed to Customer.
Helix may change pricing at any time. Continued use of Services constitutes acceptance.
Prepaid balances are non-refundable in cases of fraud, abuse, or Terms violations.
Zero-tolerance for fraud, spam, illegal content, or compliance evasion.
Customer is responsible for all carrier fines resulting from misuse.
Helix acts as a processor for Customer Data and will handle it per our Data Processing Addendum (where applicable).
Customer must comply with all applicable privacy laws (GDPR, CCPA, etc.).
Customer acknowledges that message delivery depends on carriers, aggregators, and third-party infrastructure not controlled by Helix.
Helix is not liable for delays, errors, outages, or message failures caused by external parties.
Customer must protect all API keys and tokens.
All activity using Customer's keys is deemed authorized.
Helix may suspend API access due to abuse or security risk.
Services are provided "AS IS" and "AS AVAILABLE."
Helix disclaims all warranties, express or implied, including accuracy, reliability, security, or fitness for a particular purpose.
Helix does not guarantee message delivery, carrier acceptance, or service uptime unless an SLA is explicitly agreed to.
Helix is not liable for indirect, incidental, punitive, or consequential damages.
Maximum liability in any claim shall not exceed the total fees paid by Customer in the 90 days preceding the claim.
Customer agrees to indemnify and defend Helix from claims, damages, regulatory fines, or losses resulting from:
Either party may terminate with written notice unless otherwise contractually committed.
Helix may terminate immediately for violations, fraud, or regulatory risk.
Upon termination, Customer must cease use of all Numbers, APIs, and platform access.
Helix may revise these Terms at any time.
Updated versions become effective upon posting to the Helix website.
Continued use of Services constitutes acceptance of modifications.
Governing law shall be based on Helix's state of incorporation.
Parties agree to resolve disputes through negotiation before litigation.
Venue for disputes shall be the courts in Helix's primary business jurisdiction.
Class-action waivers may be added if desired.