Terms and Conditions

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and Swadesh Mobile, the operator of SMSLocal.in ("SMSLocal", "we", "us", "our"), governing your access to and use of the SMSLocal website, platform, APIs, mobile applications, and all related services (collectively, the "Services").

By creating an account, accessing the platform, or using any of the Services, you confirm that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and any product-specific addenda. If you do not agree, you must not use the Services.

• Account means the registered account through which you access the Services.
• Customer Data means information you upload, submit, or transmit through the platform, including contact lists, message content, media, and chatbot configurations.
• Wallet means the prepaid balance maintained in your Account that is debited on a per-message or per-event basis as messages are delivered.
• BSP means a Business Solution Provider authorised by Meta to provide access to the WhatsApp Business API.

• You must be at least 18 years old and competent to enter into a binding contract under the Indian Contract Act, 1872.
• You must register a legitimate business entity (sole proprietorship, partnership, LLP, company, or registered trust/society) and provide accurate, current, and complete information during registration, including KYC documents (PAN, GST certificate, business registration documents, authorised signatory ID).
• You are responsible for maintaining the confidentiality of your Account credentials, API keys, and webhook secrets, and for all activities conducted under your Account.
• If you provide information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your Account without refund.

SMSLocal provides the following Services, which may be updated, expanded, or discontinued from time to time:

• WhatsApp Business API access via our Meta-authorised BSP infrastructure, including template message dispatch, two-way conversations, and shared inbox.
• Bulk SMS broadcasting and OTP delivery routed through TRAI-licensed access providers, in compliance with TCCCPR-2018 and the DLT framework.
• No-code chatbot builder, automated flows, and customer journey orchestration.
• Contact management, audience segmentation, campaign analytics, and reporting dashboards.
• Pre-built integrations with platforms such as Shopify, WooCommerce, Zoho, HubSpot, and webhook-based custom integrations.
• RCS Business Messaging (planned service) — to be launched in partnership with Google RBM and authorised carrier aggregators, governed by an additional RCS Addendum at the time of launch.

• SMSLocal uses a two-part pricing model: (i) a recurring subscription plan (monthly or annual) for platform access and seats; and (ii) per-message charges debited from your prepaid Wallet for each message delivered.
• Per-message charges are based on Meta's WhatsApp conversation rates, telecom operator tariffs, and Google RCS rates (as applicable), plus a transparent platform markup. Detailed pricing is published on our pricing page.
• We may revise subscription pricing and per-message rates with 15 days' prior notice, except where a change is necessitated by an upstream change by Meta, telecom operators, or regulators — in which case the change may be effective immediately upon notice.
• Service, marketing, utility, and authentication category messages are billed at different rates as published on our pricing page.

• Subscription fees are billed in advance for the chosen billing cycle. Wallet recharges are billed at the time of recharge.
• All amounts are exclusive of GST and other applicable taxes, which will be added at prevailing rates.
• Payments are processed through PCI-DSS compliant payment gateways. We do not store full card numbers on our servers.
• If a payment fails, we may suspend the affected Services until the dues are cleared.
• You are responsible for maintaining sufficient Wallet balance. Messages will not be dispatched if your Wallet balance is insufficient at the time of dispatch.

• Subscription fees and Wallet recharges are non-refundable once paid, unless required by law or agreed in writing.
• Refunds are considered only in limited cases — for example, duplicate charges or a proven service failure on our part.
• Approved refunds are processed to the original payment method within 7–14 working days, minus any gateway fees.
• Unused Wallet balance is not refunded when you close your Account, but may be transferred to another active Account at our discretion.

You agree to use the Services only for lawful business purposes and in compliance with all applicable laws, regulations, and platform policies. In particular, you must:

• Obtain valid, demonstrable opt-in consent from every End-Recipient before sending any message through SMSLocal, and maintain consent records for the period required by applicable law.
• Honour opt-out (STOP / unsubscribe) requests promptly — within 24 hours and in any event before the next message is sent.
• Send only the message categories and template content that have been approved by Meta (for WhatsApp), the DLT platform (for SMS), and Google (for RCS).
• Maintain accurate sender identification and not impersonate any person, brand, or government authority.
• Cooperate with reasonable requests from SMSLocal regarding traffic patterns, complaint rates, content quality, and quality scores.

Full details are in our Acceptable Use Policy.

You must not use the Services to send, store, transmit, or facilitate any content or activity that:

• Is unlawful, fraudulent, deceptive, defamatory, obscene, pornographic, or otherwise objectionable under Indian law.
• Promotes violence, terrorism, hatred, or discrimination against any individual or group.
• Infringes the intellectual property rights, privacy rights, or any other rights of a third party.
• Constitutes spam, unsolicited bulk messaging, phishing, smishing, vishing, or any social-engineering attack.
• Distributes malware, ransomware, viruses, worms, trojans, or any other malicious code.
• Violates the WhatsApp Business Messaging Policy, WhatsApp Commerce Policy, Google RBM Policy, TRAI TCCCPR-2018, the Information Technology Act, 2000, the Consumer Protection Act, 2019, or any other applicable law.
• Promotes prohibited or restricted goods or services (such as illegal drugs, unregistered financial schemes, weapons, gambling where prohibited, and adult content) without the necessary regulatory licences and platform approvals.

• Your use of the WhatsApp Business API via SMSLocal is subject to the WhatsApp Business Solution Terms, the WhatsApp Business Messaging Policy, the WhatsApp Commerce Policy, and any additional Meta requirements as updated from time to time.
• Meta may suspend, throttle, or revoke your WhatsApp Business account, lower your quality rating, or restrict your messaging limits at its sole discretion. SMSLocal will pass on these decisions but is not responsible for them.
• Template messages must be approved by Meta before they can be sent. We are not liable for delays or rejections in the template approval process.
• You are solely responsible for the WhatsApp display name, business profile, and Green Tick application.

• Customers must complete Entity, Header, and Template registration on a DLT platform (Jio, Airtel, Vi, or BSNL) before any SMS traffic is dispatched through SMSLocal.
• We may require your Principal Entity ID, Header ID, and Content Template IDs for each campaign and may block campaigns that do not match registered templates.
• Promotional SMS will be honoured only outside DND hours; service and transactional SMS follow TRAI's defined exceptions.
• Failure to comply with TRAI/DLT requirements may result in immediate suspension of SMS Services without refund and onward financial penalties levied by access providers, which will be recovered from you.

We are preparing to launch RCS Business Messaging. When launched, RCS Services will be subject to (a) Google's RCS Business Messaging Terms of Service, (b) carrier-specific commercial and content requirements, and (c) a supplementary RCS Addendum to these Terms. Customers wishing to use RCS will be required to complete RBM agent verification and brand verification before going live.

All rights in the SMSLocal platform — including the website, logos, trade marks, software, APIs, documentation, and designs — are owned by Swadesh Mobile or our licensors. We give you a limited, non-exclusive, revocable licence to use the Services for your internal business purposes during your subscription.

You retain full ownership of your Customer Data. You must not:

• Reverse engineer, decompile, or disassemble the platform.
• Resell or sublicense the Services without our written consent.
• Use the Services to build a competing product.
• Remove or obscure any copyright, trademark, or proprietary notices.

Each party agrees to protect the confidential information of the other party with the same degree of care it uses to protect its own confidential information, and in any event with no less than reasonable care. Our processing of Personal Information is described in our Privacy Policy and, where applicable, in a Data Processing Addendum that may be executed between the parties.

We will use commercially reasonable efforts to make the Services available 24×7, subject to scheduled maintenance, force majeure events, and outages or restrictions caused by upstream providers (including Meta, Google, telecom operators, and cloud infrastructure providers). We do not guarantee uninterrupted, error-free, or perfectly secure operation. SLA-backed uptime commitments, where offered, are set out in the relevant order form or addendum.

To the maximum extent permitted by law, SMSLocal is not liable for indirect or consequential damages. This includes loss of profits, revenue, business, data, or goodwill — even if we were warned about the risk.

Our total liability in any rolling 12-month period is capped at the fees you actually paid SMSLocal during that period.

You agree to cover SMSLocal's legal costs and losses arising from:

• Your use of the Services.
• Your breach of these Terms or any applicable law.
• Your violation of any third-party right (including intellectual property and privacy rights).
• The content of messages you send through the Services.
• Penalties from Meta, Google, telecom operators, regulators, or end-recipients caused by your actions.

• These Terms remain in effect for as long as you have an active Account or use the Services.
• We may suspend or terminate your Account or any Service immediately, with or without prior notice, if (a) you breach these Terms, our Privacy Policy, or our Acceptable Use Policy; (b) we are required to do so by Meta, Google, a telecom operator, regulator, or court of law; (c) we detect fraud, abuse, or excessive complaint rates; or (d) your payment is overdue.
• You may terminate your Account at any time by sending a written request to support@smslocal.in. Termination does not entitle you to any refund of subscription fees, Wallet balance, or other charges already paid.
• Upon termination, your access to the Services will cease and Customer Data will be deleted in accordance with the retention timelines set out in our Privacy Policy.

Once you have signed up, your Account cannot be unilaterally self-deleted from the front-end interface for audit and compliance reasons. You may, however, deactivate your Account at any time, and you may submit a written deletion request to support@smslocal.in. We will process verified deletion requests in accordance with our Privacy Policy and applicable law, retaining only the records required to be preserved by law (such as KYC, billing, GST, and DLT records).

We may amend these Terms from time to time. The updated version will be posted on this page with a revised "Last Updated" date. Where the changes are material, we will provide reasonable advance notice (typically 15 days) via email or in-product notification. Your continued use of the Services after the effective date constitutes your acceptance of the amended Terms.

Neither party shall be liable for any failure or delay in performance to the extent caused by an event beyond its reasonable control, including acts of God, war, terrorism, civil unrest, strikes, pandemics, epidemics, government action, regulatory change, internet or telecom outages, denial-of-service attacks, or failures of upstream providers (including Meta, Google, and telecom operators).

These Terms are governed by the laws of India.

Subject to the dispute resolution clause below, courts at Swadesh Mobile's principal place of business have exclusive jurisdiction over any dispute arising from these Terms or the Services.

If a dispute arises, both parties will first try to resolve it through good-faith talks within 30 days of written notice.

If talks fail, the dispute goes to binding arbitration under the Arbitration and Conciliation Act, 1996. A sole arbitrator — agreed by both parties — will decide. The seat of arbitration is Swadesh Mobile's principal place of business, and proceedings will be in English. The arbitral award is final and binding.

Severability. If any provision is found invalid or unenforceable, the rest of these Terms remain in full force.

No waiver. Failing to enforce any right does not waive that right.

Entire agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, and any product-specific addenda, form the complete agreement between the parties and replace all prior understandings.

Questions about these Terms or our Services may be directed to:

• Email — support@smslocal.in
• Phone — +91 76210 73586
• Website — smslocal.in
• Operator — Swadesh Mobile