1. Acceptance of Terms

By accessing or using the HonkIO SMS gateway API and related services (“Services”), you agree to be bound by these Terms of Service (“Terms”). If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Canadian Law Compliance

You are solely responsible for ensuring your use of the Services complies with all applicable Canadian laws, including but not limited to:

CASL (Canada's Anti-Spam Legislation): You must obtain and maintain valid consent before sending any commercial electronic message. HonkIO enforces STOP/UNSTOP keywords automatically on your behalf.
CRTC National Do Not Call List (DNCL): You must not send telemarketing messages to DNCL-registered numbers except under a recognized exemption, which you must record and retain.
PIPEDA and Quebec Law 25: You must have a lawful basis for processing personal information (including phone numbers) and must honour data subject rights including erasure.
CRTC Broadcasting and Telecom Regulations: You must not use the Services for unsolicited, deceptive, or malicious messaging of any kind.

3. Prohibited Uses

You may not use the Services to send:

Spam, phishing, smishing, or any fraudulent content
Messages promoting illegal activities under Canadian or provincial law
Unsolicited commercial messages without valid CASL consent
Messages to recipients who have opted out (honoured automatically by HonkIO)
Content that constitutes hate speech, harassment, or threats
Messages that impersonate another person or organization

Violation may result in immediate account suspension and referral to the CRTC Spam Reporting Centre.

4. Data Residency & Cross-Border Transfers

All personal information collected through the Services is stored within Canada (Supabase PostgreSQL and Upstash Redis, ca-central-1, Montréal). HonkIO's API application layer may be hosted on infrastructure located outside Canada. Personal information transmitted via API requests may be processed outside Canada before being written to Canadian-hosted storage, depending on HonkIO's current infrastructure configuration.

Any such cross-border processing has been assessed under Quebec Law 25. A Privacy Impact Assessment was completed on April 3, 2026 confirming that adequate contractual and technical protections are in place for the current architecture. HonkIO intends to migrate its API layer to Canadian-hosted infrastructure; until that migration is complete, cross-border processing may occur. You acknowledge HonkIO's data residency and cross-border transfer practices as described in the Privacy Policy.

You are responsible for ensuring that your own transfer of personal information to HonkIO (e.g. phone numbers of your end-users) complies with applicable privacy law, including obtaining any required consents or conducting any required assessments.

5. Data Processing Agreement

By accepting these Terms, you also enter into a Data Processing Agreement (“DPA”) with HonkIO pursuant to PIPEDA and Quebec Law 25. HonkIO acts as a “service provider” (processor) processing personal data on your behalf as the “organization” (controller). You must ensure you have a lawful basis for sharing personal data with HonkIO for processing.

6. API Keys and Security

You are responsible for maintaining the confidentiality of your API keys. You must not share keys publicly or commit them to version control. HonkIO is not liable for unauthorized use resulting from your failure to secure your credentials. You must notify us immediately at security@honkio.ca upon discovery of any unauthorized key use.

7. Payment and Credits

The Services operate on a prepaid credit model. Credits are non-refundable except as required by applicable consumer protection law. Prices are in Canadian dollars (CAD) and exclusive of applicable taxes (GST/HST is added based on your billing province). HonkIO reserves the right to change pricing with 30 days' notice.

8. Service Level and Uptime

HonkIO targets 99.9% monthly API uptime. Scheduled maintenance will be communicated at least 24 hours in advance via status.honkio.ca. HonkIO is not liable for delivery failures caused by carrier issues, recipient device issues, or force majeure events.

9. Limitation of Liability

To the maximum extent permitted by applicable Canadian law, HonkIO's total liability for any claim arising from these Terms or the Services shall not exceed the amounts paid by you in the 3 months preceding the claim. HonkIO is not liable for indirect, consequential, or punitive damages.

10. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You consent to the exclusive jurisdiction of courts in the Province of Ontario for any dispute arising under these Terms.

11. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated by email at least 14 days before taking effect. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

12. Contact

Questions about these Terms? Contact our legal team at legal@honkio.ca.