Terms and Conditions

1. Acceptance of Terms

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.

2. Definitions

“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.

3. Eligibility & Account Registration

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. Notify us immediately at [email protected] of any unauthorised use.
If you provide information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your Account without refund.

4. Description of Services

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. RCS Services will be governed by an additional RCS Addendum at the time of launch.

5. Subscription Plans, Wallet & Pricing

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 https://www.smslocal.in/pricing/.
We reserve the right to 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-category messages, marketing-category messages, utility-category messages, and authentication-category messages are billed at different rates as published on our pricing page.

6. Payment, Billing & Wallet

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.

7. Refund Policy

Subscription fees and Wallet recharges are non-refundable once paid, except where required by applicable law or expressly agreed in writing. In the limited circumstances where a refund is approved at our sole discretion (for example, duplicate charges or proven service failure on our part), the refund will be processed to the original payment method within 7–14 working days, after deducting transaction fees levied by the payment gateway. Unused Wallet balance is not refundable on Account closure but may be transferred to another active Account at our discretion.

8. User Responsibilities & Acceptable Use

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.

9. Prohibited Content and Activities

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/services (such as illegal drugs, unregistered financial schemes, weapons, gambling where prohibited, and adult content) without the necessary regulatory licences and platform approvals.

We reserve the right to investigate suspected violations and to suspend or terminate Accounts found to be in breach, without refund.

10. WhatsApp Business Policy Compliance

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.

11. SMS, DLT & TRAI Compliance

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 you to provide 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.

12. RCS Business Messaging (Planned Service)

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.

13. Intellectual Property

All intellectual property rights in the SMSLocal platform, including the website, logos, trade marks, software, source code, APIs, documentation, designs, and all derivative works, are owned by Swadesh Mobile or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services solely for your internal business purposes during the term of your subscription.

You retain all ownership of Customer Data. You grant us a limited licence to host, copy, transmit, and display Customer Data only as necessary to provide the Services. You must not (a) reverse engineer, decompile, or disassemble the platform; (b) resell or sublicense the Services without our prior written consent; (c) use the Services to build a competing product; or (d) remove or obscure any copyright, trademark, or proprietary notices.

14. Confidentiality and Data Protection

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.

15. Service Availability

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.

16. Limitation of Liability

To the maximum extent permitted by law, in no event shall Swadesh Mobile, its directors, employees, affiliates, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, or business interruption, arising out of or in connection with these Terms or the Services, even if advised of the possibility of such damages.

Our aggregate liability under or in connection with these Terms in any rolling 12-month period shall not exceed the total fees actually paid by you to SMSLocal during that period.

17. Indemnification

You agree to indemnify, defend, and hold harmless Swadesh Mobile, its officers, directors, employees, affiliates, and licensors from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Services; (b) your violation of these Terms or of any applicable law; (c) your violation of any third-party right (including intellectual property and privacy rights); (d) the content of messages you send through the Services; or (e) penalties levied by Meta, Google, telecom operators, regulators, or end-recipients due to your acts or omissions.

18. Term, Suspension and Termination

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 [email protected]. 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.

19. Account Deletion

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 [email protected]. 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).

20. Modifications to These Terms

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.

21. Force Majeure

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).

22. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Subject to the dispute resolution clause below, the courts at the principal place of business of Swadesh Mobile shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Services.

23. Dispute Resolution

In the event of any dispute, the parties shall first attempt to resolve the matter amicably through good-faith negotiations within 30 days of written notice. If the dispute is not resolved within that period, it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by mutual consent. The seat and venue of arbitration shall be the principal place of business of Swadesh Mobile, and the language of arbitration shall be English. The arbitral award shall be final and binding.

24. Severability, Waiver and Entire Agreement

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. No failure or delay in exercising any right shall operate as a waiver of that right. These Terms, together with the Privacy Policy, Acceptable Use Policy, and any product-specific addenda, constitute the entire agreement between the parties and supersede all prior understandings.

25. Contact Us

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

Email: [email protected]
Website: https://www.smslocal.in
Operator: Swadesh Mobile