IMPORTANT: PLEASE READ CAREFULLY. This Terms of Service Agreement (“Agreement”) is a legally binding contract between you (“User,” “Client,” “Visitor,” or “You”) and SMSLocal (“We,” “Our,” “Us,” or “The Platform”).
By accessing the SMSLocal website (smslocal), using our mobile application, integrating our API, or utilizing any services provided by SMSLocal, you acknowledge that you have thoroughly read, understood, and agreed to be bound by these Terms.
If you do not agree with any part of these terms, you must immediately discontinue the use of our services.
1. General Acceptance & Modification of Terms
1.1 Binding Agreement: By creating an account or using any part of the SMSLocal platform, you agree to comply with all terms listed herein, as well as our Privacy Policy and Anti-Spam Policy. 1.2 Right to Modify: SMSLocal reserves the absolute right to update, modify, or change these Terms & Conditions, pricing structures, or service features at any time without prior notification to the user. It is the user’s responsibility to review this page periodically for updates. 1.3 Continued Use: Your continued use of the service after any changes constitutes your acceptance of the new Terms.
2. Refund & Cancellation Policy
SMSLocal operates on a strict Non-Refundable basis. Please read this section carefully before adding funds.
2.1 No Refunds: SMSLocal does not offer refunds under any circumstances, including but not limited to:
Failed SMS deliveries due to operator issues or handset unavailability.
Account suspension or termination due to policy violations.
Unused wallet balance left in the account.
Technical errors, user mistakes, or wrong number submissions.
2.2 Finality of Transactions: Once a transaction is initiated by the user and funds are added to the SMSLocal wallet, the transaction is final. The balance can only be used for sending Bulk SMS or using platform services. It cannot be transferred back to a bank account or credit card.
2.3 Submission-Based Billing: Our system works on a submission basis. This means you are charged for every SMS submitted to our platform for processing, regardless of the final delivery status.
Chargeable: Delivered messages, Failed messages (due to network/handset issues), and Rejected messages.
Non-Chargeable: Numbers blocked by the operator (e.g., invalid numbers) if detected prior to submission. However, generally, if the operator attempts delivery and fails, it is a billable event.
2.4 Account Blocking: If your account is blocked due to a violation of these terms (e.g., sending spam, fraud, or non-DLT compliant messages), no refund will be issued for the remaining balance.
3. User Agreement & Responsibilities
By using SMSLocal, you represent and warrant that you agree to the following:
3.1 TRAI & DLT Compliance:
SMSLocal strictly adheres to TRAI (Telecom Regulatory Authority of India) regulations.
Users must complete DLT Registration as per TCCCPR 2018 regulations to send Promotional, Transactional, or OTP SMS.
SMSLocal reserves the right to force users to complete DLT registration. Failure to do so may result in account restriction or blocking without refund.
3.2 Documentation & KYC:
SMSLocal may request personal or business documents (PAN Card, Aadhaar, GST Certificate, Incorporation Certificate) at any time to verify account ownership and prevent fraud.
Failure to Provide: If a user is unable or unwilling to provide these documents upon request, SMSLocal reserves the right to permanently block the account and forfeit any wallet balance.
Data Sharing: You agree that in cases of suspected illegal activity, fraud, or abuse, SMSLocal has the right to share your KYC documents and transaction logs with government organizations, telecom operators, or law enforcement agencies.
3.3 API & Technical Support:
SMSLocal provides SMS API connectivity “as is.”
No Integration Support: We do not provide technical help, coding assistance, or debugging for API integration. You are solely responsible for integrating the API into your software, website, or application.
3.4 System Notifications:
Upon registration, you agree to receive administrative alerts, OTPs, and service notifications from SMSLocal, even if your mobile number is registered on the DND (Do Not Disturb) registry.
If you wish to stop receiving these, you must use the “Block My Number” feature on our website.
3.5 Account Security:
You are responsible for maintaining the confidentiality of your username and password.
You accept responsibility for all activities that occur under your account. SMSLocal is not liable for any loss due to unauthorized access to your account.
4. Service Usage Policy & Prohibited Content
Each user is solely responsible for the content transmitted through their SMSLocal account. Any illegal use is strictly prohibited.
4.1 Restricted Categories: You agree NOT to use the service to send content related to:
Illegal Activities: Alcohol, drugs, gambling, betting, casinos, rummy, or any activity prohibited by Indian Law.
Adult Content: Dating sites, sexual content, obscenity, or body massage services.
Financial Fraud: Fake bank alerts, phishing links, credit/debit card KYC fraud, or loan scams.
Harassment: Abusive, racist, hateful, threatening, or discriminatory language.
Stock Market: Stock tips, trading advice, or investment schemes without a valid SEBI Registration Certificate. (Account will be blocked if SEBI proof is not provided).
4.2 “Service Implicit” Restrictions:
As per TRAI rules, SMSLocal strictly prohibits sending Promotional or Marketing SMS via the ‘Service Implicit’ DLT category.
If a user is found utilizing ‘Service Implicit’ headers for promotional traffic, SMSLocal reserves the right to block the specific template or suspend the user account immediately without refund.
4.3 Sender ID & Template Control:
SMSLocal reserves the right to reject or block any DLT-approved Sender ID or Template if it appears suspicious, misleading, or violates internal safety policies, even if it was approved by the DLT operator.
Accounts receiving high volumes of DND complaints will be suspended.
4.4 Manual Approval Delays:
SMS sent via specific routes (e.g., “Quick SMS”) or Voice Calls may be subject to manual approval.
This approval process can take between 6 to 24 hours. Users acknowledge this potential delay and agree not to claim refunds based on timing issues.
5. Delivery & Technical Limitations
5.1 No Guarantee: SMSLocal neither claims nor guarantees 100% delivery of messages. Delivery is subject to the technical constraints of telecom operators, network congestion, and recipient handset status (switched off, out of range, full memory). 5.2 Submission Billing: Our system works on a submission basis. We debit credits based on transmission logs. These logs are deemed correct and final. 5.3 Third-Party Dependency: SMSLocal acts as an aggregator. We are not responsible for delays or failures caused by third-party telecom operators or physical network damage.
6. Indemnification & Limitation of Liability
6.1 Indemnification: You agree to indemnify, defend, and hold harmless SMSLocal, its parent company, affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) that such parties may incur as a result of or arising from:
Your violation of these Terms.
The content of any SMS sent from your account.
Your violation of any rights of another person or entity.
Any claim that your message content caused damage to a third party.
6.2 Limitation of Liability: In no event shall SMSLocal be liable for any direct, indirect, punitive, incidental, special, or consequential damages (including lost profits, loss of data, or business interruption) arising out of or in any way connected with the use of the SMSLocal service.
7. Data Retention & Cancellation
7.1 Account Disabling:
Users cannot permanently delete their account data from the system.
Users may choose to “Disable” their account. Once disabled, the user cannot log in, and notifications will cease. 7.2 Data Storage:
No Deletion: For security, legal, and audit reasons, SMSLocal will not delete historical data, transaction logs, uploaded KYC documents, or personal information even after an account is disabled. This data is permanently stored to comply with government regulations and to prevent future fraud.
8. Governing Law & Jurisdiction
8.1 Applicable Law: These Terms shall be governed by and construed in accordance with the laws of India. 8.2 Exclusive Jurisdiction: In the event of any dispute, controversy, or claim arising out of or relating to these Terms & Conditions or the use of SMSLocal services, the Courts in Delhi, India shall have exclusive jurisdiction. (Note: This overrides any reference to Bhopal or other jurisdictions found in similar services.)
9. Copyright & Intellectual Property
All content on SMSLocal.in, including but not limited to logos, text, software code, UI design, and graphics, is the exclusive property of SMSLocal. Any unauthorized reproduction, distribution, or misuse of this material without written permission is strictly prohibited and may result in legal action.
For any queries regarding these Terms, please contact: [email protected]