I. Introduction
1.Overview
These Terms of Service (“**ToS**”) constitute a legal agreement between SMS Local India Private Limited (“**smslocal**”), including its affiliates and subsidiaries, and any person who accesses or uses the services on this website (“**User**”), whether registered or not.
These ToS lay out the terms for accessing and using smslocal’s Services through the website, APIs and platform. By accessing or using any Services, User agrees to be bound by these terms. Any future updates will be posted on the website with an updated date and Users will be bound by the updated terms on each use after the update.
2. Acceptance of Terms
User’s access to and use of this website constitutes acceptance of these ToS and any other legal notices and statements contained on this site. By using smslocal Services, User agrees to all the terms outlined herein. If User does not agree to all of these terms, User shall not access or use any smslocal Services.
II. Accounts and Registration
1. Eligibility
Services are available only to individuals and entities that can legally form binding contracts under applicable law. Minors and users suspended previously may not register. Corporations and legal entities may only use Services through authorized individuals.
2. Account Creation and Security
Accounts provide access to personalized Services along with usage analytics. User is responsible for account security including using strong credentials. smslocal shall not be liable for any account misuse, unauthorized access or other breach of User privacy and security obligations related to account usage.
User must immediately notify smslocal of any unauthorized account activity or violations of security policies. smslocal retains the unilateral rights to terminate access to User accounts for contractual violations, abuse or misconduct without notice.
III. Services, Content and Usage
1. Description of Services
smslocal provides a variety of communication, analytics and customer engagement services designed specifically for the India market (**”Services”**). Services include SMS, voice, email, mobile connectivity platforms, messaging solutions, analytics and payments services to enable two-way communication and data-driven consumer insights.
Services are updated regularly with new features and modifications to existing functionality. Continued usage of Services after updates signifies acceptance of any modified terms for such Services.
2. Usage Restrictions
Services including associated APIs and software are proprietary to smslocal and all usage must comply fully with these Terms of Service. Users may not reproduce, reuse, resell or publicly display smslocal content without explicit authorization and valid licenses as required for specific usage types.
Services cannot be integrated into third party properties or used to develop derivative solutions without permission and agreeing to additional licensing requirements. Any unauthorized usage of IPR may lead to infringement proceedings against User.
3. User Conduct
Users may only access Services for legitimate individual use in compliance with applicable laws. Prohibited activities include:
– **Illegal usage:** Spreading malware or spam, stalking, harassing, threatening, phishing or other fraudulent conduct through Services.
– **Unauthorized attempts:** Hacking, password stealing and unauthorized access attempts to smslocal systems and Services.
– **Harmful content:** Publishing or linking malicious, infringing, obscene or unlawful content using smslocal Services.
– **Impersonation:** Attempting to impersonate smslocal representatives or circumvent security safeguards.
– **Violations:** Usage in disregard of applicable smslocal policies and quality standards for Services
4. Service Updates
Given the web/mobile based operating model, smslocal Services see frequent updates and modifications. Users consent to receive feature updates, fixes and modifications automatically without notice as part of smslocal’s continuous evolution. These may modify or append existing functionality over time.
5. Right to Modify
smslocal reserves the right to modify any part of Services, Terms of Service or prices at its sole discretion any time without notice. Continued usage after changes signifies acceptance of modifications. This may include necessity based discontinuation or alteration of certain offerings.
IV. Commercial Terms
1. Pricing and Plans
Access to smslocal Services is offered on both a free and paid basis with varying levels of features. Specific details on all available Plans, pricing models and terms of use are published transparently on the website. This includes billing cycles, metering and renewals wherever relevant. Customized pricing will also be indicated clearly for bespoke contractual arrangements
2. Payments and Taxes
Accessing paid account features/Services requires advance payments before order fulfilment as per plan selected. Applicable taxes are additional and must be borne by Users. smslocal reserves right to introduce new plans/pricing from time to time based on service portfolio additions, market changes or internal policies.
3. Authorization
User authorizes smslocal via acceptance of these terms to automatically charge/deduct any relevant service fees from submitted payment methods on file. This authorization shall survive voluntary termination unless explicitly revoked by User.
V. Returns and Refunds Policy Terms
Smslocal shall have the right to withhold, terminate or suspend the provision of Services to the User at any time, including the termination of inactive accounts where there has been no account activity for more than two (2) years. Where this Agreement or the provision of any Service is terminated by Smslocal for any reason other than breach by the User or discontinuance of a Service by a Network Operator, Smslocal shall refund all monies already paid in advance by the User for any unused terminated Service, except where below paragraph applies.
Subject to the provisions of any consumer protection or other law of application to the Services, Smslocal will not refund monies paid in advance by the User for the Services where those payments are older than six months. Smslocal may consider a refund only in exceptional circumstances determined on a case-by-case basis and at the sole discretion of Smslocal.
VI. Shipping Policy
As a SMSLOCAL company providing bulk SMS software services, we do not physically ship any tangible goods. After purchasing any of our subscription plans or SMS bundles, customers gain instant access to configure and start using our secure web-based SMS platform and APIs to send messages.
VII. Delivery Policy
We take pride in delivering reliable and real-time bulk SMS messaging solutions. Some key delivery commitments for customers include:
Instant Account Activation: New user accounts are set up immediately upon purchase of initial credits/bundles to enable sending SMS traffic through our platform right away.
99% Uptime Guarantee: Our bulk SMS system has redundancies to stay online 24/7 to receive and dispatch SMS traffic with swift delivery.
Real-time Reporting: Delivery receipts on each SMS message sent are viewable in real-time within account dashboards.
Global Reach: Our partnerships with carriers worldwide allow us to deliver SMS messages to over 200 countries and 1000 networks globally.
VIII. Communications Policy
1. Operational Comms
By signing up, User consents to receive smslocal emails, notifications and other communications essential for functioning of their registered accounts and Services. These operational communications cannot be unsubscribed from as they are required for managing User accounts.
2. Promotional Content
Users also agree to receive communications about new features, offerings or other relevant updates related to their Services. However these can be unsubscribed from or managed through profile settings and options made available within communication channels.
IX. Contract Terms
1. Term
Terms are applicable for the duration that Services are accessed using active accounts or installed apps/software integrations. Termination of usage, licenses or account cancellation shall end applicability of these ToS between User and smslocal automatically. For contracted arrangements, clauses of the contract itself shall govern termination effects.
2. Termination
Users can voluntarily terminate services by providing written intimation/requests to smslocal after settlement of any applicable dues. smslocal also reserves the right to unilaterally terminate any Services, Accounts or User access as it deems fit for contractual breaches, policy violations or misconduct without notice or needing to assign specific reasons for the same.
3. Effects of Termination:
All clauses with payment obligations for usage till date shall survive post termination along with perpetual confidentiality, indemnification and IP clauses outlined herein for legal compliance. Rights over proprietary artifacts and Intellectual Property shall also remain unchanged after contract termination or account closures as per ownership terms indicated.
X. Intellectual Property Rights
1.smslocal Owned IPR
All smslocal website content, product names, graphics, icons, scripts, APIs, interfaces, software and proprietary platform elements constitute sole Intellectual Property of smslocal protected by applicable Indian law. Infringing usage is prosecuted. Customers get limited access rights to artifacts created exclusively for their use during active service tenure only.
2. Customer IPR
Pre-existing Customer data/content supplied for service delivery shall remain owned solely by Customers. smslocal uses such information on a limited usage basis for contracted tenure alone with no claims thereafter. However customized scripts, plugins, templates and documents created by smslocal for delivering Services to specific Customers are owned perpetually by smslocal only.
XI. Representations and Warranties
1. Product Warranties
All Services offered are strictly on best-effort delivery basis without guarantees regarding delivery, response metrics or quality standards which depend heavily on external communication channels outside smslocal control. However issues directly caused by smslocal’s systems will be rectified on best effort basis free of charge.
2. Legal Compliance
Where Services pertain to communication/outbound promotion as governed by applicable Spam and DND regulations, User warrants legal usage fully compliant with guidelines. smslocal merely acts as a technology service provider without control or oversight on actual usage and hence shall not be liable for any Customer violations or misuse through its platforms.
3. Indemnity
Notwithstanding smslocal’s validation safeguards, usage legality is governed by in-force laws and solely Users responsibility. User agrees to fully indemnify and hold harmless smslocal against any third party claims or regulatory damages arising from improper usage of its Services directly or indirectly.
Further, smslocal shall also not be liable for issues arising wholly or partially from infrastructural, configuration or process level failures at User end impacting service performance like undelivered SMS/Voice calls due to switched-off phones.
XII. Limitation of Liability
1. Indirect Damages
Under no event shall smslocal be liable for any indirect, incidental, special or consequential damages arising from usage of Services irrespective of damage foreseeability and whether or not advised of such possibilities including loss of profits, business revenues or data.
2. Direct Damages
Maximum aggregate liability for direct damages to User is restricted up to the amounts actually paid by User in preceding 6 months before claim date with liability subject to additional validation beyond thresholds
3. Sole Remedy
To the maximum permissible legal extent, User’s sole remedies for issues arising from use of Services shall be limited to free rectification efforts or alternative delivery on best effort basis. Monetary refunds or billing adjustments for impacted periods may also be considered purely at smslocal’s discretion wherever applicable.
XIII. Confidential Information
Any information explicitly marked confidential or evidently treated confidential exchanged between parties during Service usage tenure only shall be considered Confidential Information. This includes product documentation, designs, roadmaps or analytics from smslocal side; or business data and infrastructure details from User side.
Both parties shall protect confidentiality of such information using reasonable security protocols with restricted access to employees and third parties only on need to know basis bound by similar obligations. The non-disclosure shall hold during entire service term and for 1 year thereafter unless covered under other NDAs.
XIV. General Conditions:
1. Entire Agreement
This Terms of Service represents the entire understanding between smslocal and User for provisioning access to smslocal Services. It shall supersede any conflicting clauses in contracts except additional compliances and obligations explicitly specified therein with Sign off from both parties. Updates and Conflicts shall be handled as indicated.
2. Waiver Policy
Temporary relaxations to clauses given by smslocal shall not constitute formal waivers to those rights or acceptance on account of non-execution unless expressly documented so. Nor shall waivers to specific instances of default exempt future breaches by defaulting party.
3. Severability
If any Term(s) under applicable law are declared unlawful or unenforceable, it shall be severable without impacting the validity of remaining agreement between both parties on a whole. However main clauses shall not be subject to severability but treated appropriately with mutual written agreements