Terms of Service — Tin Can Smartphone

Binding language: German. In the event of any conflict between language versions, only the German version is legally binding.

Terms of Service for Tin Can Smartphone (“the Service”) at www.tincansmartphone.com, operated by Albrecht Apps GmbH, Falkenstraße 9, 49610 Quakenbrück, Germany.

Version 2026-08-18 · Effective: 18 August 2026

1. Provider, scope and business-customer status

1.1 The provider and contracting party is Albrecht Apps GmbH, Falkenstraße 9, 49610 Quakenbrück, Germany (“we”, “us”). Company details: Imprint.

1.2 These Terms apply to the website, accounts, REST API, MCP interface, webhooks and the Android and iOS companion apps.

1.3 The Service is offered exclusively to entrepreneurs within the meaning of Section 14 BGB, legal entities under public law and special funds under public law. By ordering, registering or using the Service you confirm that you act as a business and not as a consumer. We do not conclude consumer contracts on this basis.

1.4 The contract language and sole legally controlling version is German. Translations are for information only.

1.5 Conflicting customer terms apply only where we have expressly accepted them in text form. Unreserved performance or acceptance of payment does not constitute acceptance.

2. The Service

2.1 The Service lets you send and receive SMS through a smartphone you control, via our cloud backend and companion app. You remain responsible for your device, SIM, mobile carrier contract and compliance with telecommunications, data-protection and anti-spam laws.

2.2 You are the controller of SMS content you initiate for your own customers or end users and must have a lawful basis to send those messages. We provide a technical relay and tooling service.

2.3 Features, quotas and prices follow the current product description and checkout. Website descriptions are non-binding unless expressly incorporated.

3. Accounts and access

3.1 Registration may be invitation-only. Keep credentials and API tokens secret and limited to authorised staff. You are responsible for activity under your account to the extent attributable to you.

3.2 We may temporarily suspend access for concrete security risks, unlawful use or material payment default, taking your interests reasonably into account.

3.3 Abuse, unauthorised security testing, circumvention of technical limits and abusive automation are prohibited.

4. Acceptable use

You may not use the Service for unlawful content, unsolicited bulk messaging (spam), fraud, harassment or to infringe others’ rights. Reverse engineering is allowed only to the extent mandatory law permits for interoperability.

5. Fees, term and refunds

5.1 Paid plans are billed as described at purchase. Prices are net plus applicable VAT unless stated otherwise. Carrier SMS charges on your own SIM remain your responsibility. We charge for the relay and tools — not per message — unless a plan description states otherwise.

5.2 Recurring subscriptions renew until cancelled at period end.

5.3 Paid plans include a contractual 30-day money-back guarantee under our Refund Policy. That is a B2B contractual benefit, not a statutory consumer right of withdrawal. There is no consumer withdrawal right under Sections 312g and 355 BGB because we do not contract with consumers.

6. Availability and changes

We provide the Service on a commercially reasonable basis. Uninterrupted availability is not guaranteed. Beta or invitation-only phases may be limited or unstable. Outages caused by your device, SIM, carrier, app stores or other third parties outside our control are not defects in our service unless attributable to us.

7. Liability

7.1 We have unlimited liability for intent and gross negligence, injury to life, body or health, under the German Product Liability Act, fraudulent concealment and an express guarantee.

7.2 For slight negligence involving a material contractual obligation, liability is limited to foreseeable damage typical of the contract and a maximum of EUR 50,000 per damaging event.

7.3 Liability for other slight negligence is excluded. To the extent permitted by law we are not liable for indirect loss, lost profit, business interruption or data loss; outside section 7.1, liability for data loss is limited to typical recovery costs had proper backups been kept.

7.4 Statutory consumer-withdrawal and consumer-protection regimes do not apply because the contract is not concluded with consumers.

8. Intellectual property

© Albrecht Apps GmbH. Software, branding (including Tin Can Smartphone and SMS-Api-Gateway), website, documentation and graphics remain our property or that of our licensors. Open-source components are licensed under their respective licences. You retain rights to your message content and configurations.

9. Privacy

Personal data is processed as described in our Privacy Policy. Where we process personal data of your end users as a processor, the parties enter an Article 28 GDPR data-processing agreement before processing.

10. Governing law and venue

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules. Exclusive venue — where legally permitted — is Osnabrück. We may also sue at the customer’s general venue. The German version of these Terms is solely controlling.

11. Final provisions

Amendments require text form unless mandatory law provides otherwise. If a provision is invalid, the remainder remains effective and statutory law fills the gap.

12. Contact

Questions: contact form or hello@tincansmartphone.com. Company details: Imprint.

© 2026 Albrecht Apps GmbH. All rights reserved.