Terms of Service


Last Update: 20th March 2024

This agreement ("Agreement") is between 360 Interactive ("360") joining with SMS Guru Sdn Bhd ("SMS Guru") and you ("User" or "Subscriber") of sms.360.my (Service).
These Terms apply to your use of 360's & SMS Guru's platforms and the services available from it.
By using the Service, you acknowledge that you have read and understood, and you agree, to the terms of this Agreement and you are responsible for compliance with any applicable local laws and become bound by its terms. If you do not wish to be bound by the Terms of Use, you should not access or use our services.

The Services

Through sms.360.my platform we make available to you a range of capabilities together with access to sms.360.my (collectively, the "Services") which are subject to these Terms.

Term of Use of the Services

By accessing or using the Services provided by sms.360.my, 360 & SMS Guru, you agree to abide by the following terms and conditions:
  1. Lawful Use: You must use the Services in a lawful manner and comply with all applicable laws and regulations. Additionally, you must adhere to our Acceptable Use Policy, which may be updated periodically.
  2. Accurate Information: You agree to provide accurate and truthful information when using sms.360.my, including your real name and valid contact information.
  3. Legal Authority: Each time you use the platform, you confirm that you have the legal authority to accept and agree to this Agreement on behalf of yourself or any entity you represent.
  4. Prohibited Content: You must not send or receive offensive, illegal, or inappropriate content through the platform. This includes content which is unlawful, immoral, hateful, harmful, threatening, abusive, offensive, libelous, defamatory, slanderous, pornographic, indecent, obscene, scam, casino, gambling, loan, investment or any content that violates our policies.
  5. Account Registration: You agree to maintain only one sms.360.my account at any given time. The platform must not be used for any fraudulent or illegal activities. Only human users are permitted to register; automated accounts or registrations by bots are strictly prohibited. When signing up, ensure to provide your full legal name, a valid email address, and any other requested information accurately, truthfully, and completely.
  6. Identity Verification: We may request additional identity verification, such as copies of your identification or company documents, at our discretion. Failure to provide requested information may result in the discontinuation of services.
  7. No Refunds: We do not provide refunds for any top-ups or services purchased through sms.360.my. It is your responsibility to read and understand the terms and conditions before making any purchases.
  8. Account Responsibility: You are solely responsible for all content posted and activity that occurs under your account or by you. (even when such content is posted by others who have access to your account) (collectively the "Account Content").
  9. Indemnification: You accept full responsibility for any and all liabilities. You agree to defend, indemnify, and exempt 360 & SMS Guru, its affiliates, websites, contractors, and their respective directors, officers, employees, and agents from any third-party claims, actions, proceedings, damages, and expenses. This includes legal fees on a solicitor-client basis, arising from or related to any breach or alleged breach of terms, covenants, warranties, or representations outlined in this Agreement.
  10. Failed Deliveries: Sms.360.my is not responsible for failed message deliveries and does not guarantee successful delivery. Charges are based on per submission, not per delivery.
  11. Penalties for Misuse: If you misuse the services and incur penalties from your mobile network operator (MNO), you agree to bear the responsibility for those penalties.
  12. Account Suspension/Termination: If violations of our policies or failure to comply with your Mobile Network Operator's (MNO) rules are detected, we reserve the right to suspend or terminate your account. Any remaining balance will be forfeited in such cases.
We take any misuse described above very seriously, and you agree to take all reasonable steps. Any termination of this Agreement shall not affect sms.360.my & 360 & SMS Guru rights hereunder.

Other things we may need to do

Occasionally, for operational reasons we may have to:
  1. interrupt access to the Services and if we do so, we will restore them as quickly as we can;
  2. make changes to certain technical specifications, including usage limits associated with the Services;
  3. add items to and remove items from the Services that you can access through sms.360.my platform; and
  4. occasionally give you instructions which we may believe are necessary to safeguard the security or quality of the Services.

Service Level Commitment

Service levels provided by 360 & SMS Guru are outlined below. Exceptions may exist for specific applications, detailed within this agreement. Our aim is to meet and potentially exceed the service levels documented in your case management guidelines.

Severity Level Response Time Resolution Time (Temporary Solution) Resolution Time (Permanent Solution)
SEVERITY 1 (HIGH) Within two hours 4 continuous hours 3 calendar days
SEVERITY 2 (MEDIUM) Within four hours 2 calendar days 7 calendar days
SEVERITY 3 (LOW) Within eight hours or by next business day (GMT+8) 7 calendar days 15 calendar days
Severity Categories:
Severity levels are determined based on several key factors, including:
  • Business and Financial Impact
  • Extent of Work Disruption
  • Number of Affected Clients
  • Availability of Workarounds
  • Acceptable Resolution Timeframes
Severity Levels and Characteristics
Characteristics outlined below do not cover work requests. Severity levels for work requests may carry a different set of characteristics and weightings.
Severity Level Business and Financial Exposure Work Disruption Number of Clients Affected Workaround Importance Response Time Resolution Time
SEVERITY 1 (HIGH) The application failure results in serious business and financial exposure. The application failure causes the client to be unable to work or perform a significant portion of their job. Affects a large number of clients. There is an acceptable and implemented workaround available to circumvent the problem. (i.e., the job can be performed in some other way). Within two hours. Acceptable resolution time: 4 continuous hours for temporary solution, three calendar days for permanent solution.
SEVERITY 2 (MEDIUM) The application failure results in less business and financial exposure. The application failure causes the client to be unable to perform some small portion of their job. This may also contain inquiries and information requests. Affects a small number of clients. There may or may not be an acceptable workaround to the problem. Within four hours. Acceptable resolution time: 2 calendar days for temporary solution, 7 calendar days for permanent solution.
SEVERITY 3 (LOW) The application failure results in minimal business and financial exposure. The application failure causes the client to be unable to perform a minor portion of their job. But majority of the tasks still doable. May only affect one or two clients. There is likely an acceptable workaround to the problem. Within eight hours or by the next business day (GMT+8). Acceptable resolution time: 7 calendar days for temporary solution, 15 calendar days for permanent solution.
Each problem report may not perfectly align with every characteristic of a severity level. A comprehensive assessment is conducted to determine the most appropriate severity rating. Initial severity ratings are collaboratively determined by our support agent and the client.
We cannot guarantee uninterrupted availability or flawless functionality of sms.360.my and its Services. You acknowledge that the Services are in development, and therefore, to the fullest extent permitted by law, sms.360.my (360 & SMS Guru) will not be liable for any loss or damage arising from the use or inability to use the Services.

Matters beyond our reasonable control

Sometimes we may be unable to do what we have agreed because of something beyond our reasonable control. In these cases, we do not accept responsibility for what has happened.

Ending or suspending the sms.360.my and/or Services

We may suspend or end the availability of the Services, or unfasten the sms.360.my services at any time without notice. We do not warrant that any reinstatement will occur. We reserve the right to terminate your use of the services at any time.

Modifications to this Agreement

360 & SMS Guru reserves the right to change the terms and conditions of this Agreement, by posting a revised version of the Agreement at Terms of Service.

Other things we need to tell you

We are not responsible for any links to third party websites (or the content of those websites) which may be available from sms.360.my from time to time.
You will indemnify us (360 & SMS Guru & sms.360.my) in full from and against all claims, actions, damages, proceedings, demands, losses, and reasonable costs and expenses incurred by us arising out of your use of any of the Services in breach of this agreement.

Refunds Policy

Before starting any business with us, we advice you to test our services. As we are offering free account for testing, we do not offer any refund of money at any stage or at any condition once the transaction has done.

Reservation of Rights and Ownership

The application is licensed not sold, and 360 & SMS Guru reserves all rights not expressly granted to you in this Agreement. The application is protected by copyright, trade secret and other intellectual property laws. Developer and its licensors own the title, copyright, and other worldwide intellectual property rights in the application and all copies of the application. This Agreement does not grant you any rights to trademarks or service marks of 360 & SMS Guru.
Maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any Registration Data that is inaccurate, not current or incomplete, or sms.360.my has reasonable grounds to suspect is inaccurate, not current or incomplete, sms.360.my may, in its sole discretion, suspend or terminate your account and refuse any and all current or future access to and use of the application or services (or any portion thereof).
Any person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts is liable for -damages for wrongful take-down.
sms.360.my is not liable for wrongful take-down in response to a notification. In the event that a sms.360.my account is transferred from one company to another, the former company shall inform sms.360.my in writing of this change, and change all details on the account accordingly. If the Username is the former company name, a new account shall be opened.
In the event that a User forgets his password, and/or his contact details used for password recovery has changed (e-mail address, mobile number), and he requests a password change, mobile number change or e-mail address change, sms.360.my will do the following: Call or e-mail the existing addresses on the account or ask for the ID Proof If there is a positive response from these, the changes requested will be effected. If there is no response or a negative response, the User may be required to re-register.


A recipient of a message has the right to know the identity of the sender, and this will be disclosed on request to the recipient. Users agrees that sms.360.my may make use of a User's profile information for non-personal statistical purposes.
Users agree that they shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of end users including but not limited to names, addresses, email addresses, landline and mobile telephone numbers and shall not disclose the personal information of end users to any third party save without the express consent of the end user or where specifically required by law to do so.

Payment And Prices

sms.360.my charges are located online at here and may be provided as a schedule to any other format of these terms and conditions. Network service providers' charges for use of their networks and for SMS services may differ in respect of individual network operators and may be varied by network operators from time to time and without prior notice to sms.360.my or its Users. sms.360.my may vary its charges for SMS messages from time to time and without prior notice to Users. In the event that a network(s) introduce reciprocal charges, sms.360.my retains the right to increase the prices needed per message, for that specific network(s).
Price list provided in our portal can be changed any time with immediate effect, according to the network provider prices. The users will be notified each time about any changes through E-Mail or through notice on our website.

Advertising Content SMS

The distribution of Advertising to mobile telephone subscribers requires particular care on the part of the advertiser in order to avoid unwanted intrusion into the subscriber's mobile telephone use.

Conditions for Advertising

You shall avoid unwelcome messages ("Spamming"). Unless requested by the Customers, you shall not send any SMS or messages to such Customers (For the avoidance of doubts, we shall not provide any data base details whatsoever).
It shall be easy for the Customers to be removed from the distribution lists. When such a request is received from the Customers, the said removal shall take without undue delay and no subsequent messages are to be forwarded to the said Customers.
Messages which are distributed shall contain the name of the party providing the Content or otherwise will be charged high price per SMS according to the international SMS rates as a penalty. SMS shall only be transmitted between 7:00a.m. to 10:00 p.m.
Any legislation and requirements of the authorities in connection with distribution of SMS advertising must be adhered to at all times. We assume no editorial responsibility for the Content, which shall remain entirely your responsibility and must adhere to the current laws and regulations of Malaysia.


sms.360.my makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, you or your company's personal information or material and information transmitted over our system.

Disclaimer of Liability

Except as expressly provided herein, the software, services, and any content accessible through the software are provided "as-is" and, to the maximum extent permitted by applicable law, developer, its affiliates, licensors, third-party content or service providers, dealers and suppliers (collectively, "suppliers") disclaim all guarantees and warranties, whether express, implied or statutory, regarding the software, services, content, and related materials, including any warranty of fitness for a particular purpose, title, merchantability, and non-infringement. Developer does not warrant that the software is secure or free from bugs, viruses, interruption, or errors, or that the software will meet your requirements. Further, developer does not warrant access to the internet or to any other service or content or data through the software or continued access to any trial version of the software or to the data entered into the trial version of the software after the trial period of time is over (if applicable). Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to 14 days from the date of purchase or delivery of the software, as applicable. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.

Limitation of liability and damages

360 & SMS Guru's (sms.360.my) liability is limited to the maximum extent permitted by applicable law. In no event shall 360 & SMS Guru (sms.360.my) be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to damages for loss of profits, revenue, data, or use, incurred by the customer or any third party, arising out of or related to the use or inability to use the services provided by 360 & SMS Guru (sms.360.my), whether such damages arise in contract, tort, negligence, or otherwise, even if 360 & SMS Guru (sms.360.my) has been advised of the possibility of such damages.

Data Deletion/Retention

All SMS transactions data will be deleted from sms.360.my servers after three months. Back up your own data to avoid data loss.

Discrepancy Matters

Contact us within 30 days from the end of each month for any discrepancies. After this period, sms.360.my will no longer entertain or assist with such cases.


Where any conflict or contradiction appears between the provisions of these platform terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the platform shall prevail in respect of your use of the relevant section or module of the platform.


No indulgence or extension of time which either you or the Platform Owner may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

The Services

The delivery/receiving of SMS messages is largely dependent on the effective functioning of network operators' cellular networks, network coverage and the SMS recipient's mobile handset. sms.360.my cannot guarantee the availability of the service or delivery/receiving of SMS messages. sms.360.my shall make all reasonable endeavors to ensure uninterrupted and continued use of the service. Besides, SMS gateway(delivery/receiving) number may change time to time as it is available.


Where a User breaches any of these terms and conditions, including terms relating to payment of any amount due to sms.360.my(360 & SMS Guru) then, without prejudice to any of its legal rights, sms.360.my shall be entitled to:
  1. Cancel its agreement with the User;
  2. Suspend or terminate the provision of services to the User;
  3. Suspend, disable or terminate the User's accounts;
  4. Sue for specific performance by the User; or
  5. Claim damages.
Where a User account is suspended or terminated due to any breach of these terms and conditions, sms.360.my reserves the right to also suspend or terminate all other accounts registered by, or on behalf of, such User, as well as suspend or terminate any account registered by any other person or persons whom sms.360.my, in its sole and unfettered discretion believes is affiliated with the User concerned.

Anti Spam Policy

Any registered User of sms.360.my can send sms text messages to his/her friends, family, colleagues, clients, contacts etc using the sms.360.my Interface. These interface conditions of use strictly forbid spamming to cell phone Users. We have several software filters to block spam messages. However, we cannot guarantee that spamming will not ever occur. Please let us know the details of the message like content of message, time of delivery, sender name or number etc so that we can immediately check and block the user responsible for the same.