Terms and Conditions

These Terms and Conditions ("Terms") govern access to and use of the website www.smsniti.com (the "Site") and the bulk SMS, WhatsApp messaging, RCS messaging, voice call (IVR), email marketing, database, and advertising services offered by SMSNITI AI INTEGRATED, trading as "SMSNiti" ("SMSNiti", "we", "us", or "our") (collectively, the "Services"). By accessing the Site or using the Services, you ("Client", "you", or "your") agree to be bound by these Terms. If you do not agree, please do not use the Site or the Services.

1. Eligibility and Accounts

The Services are intended for use by businesses and individuals aged 18 or older, acting on behalf of a legitimate business or organization. You are responsible for maintaining the confidentiality of any account credentials issued to you and for all activity that occurs under your account.

2. Description of Services

SMSNiti provides multi-channel marketing and communication services, including but not limited to bulk SMS, WhatsApp marketing and WhatsApp API messaging, RCS business messaging, bulk voice calls and IVR, bulk email, audience database services, digital advertising (Google, Meta, native, PR/media), and offline advertising placements. Service availability, features, and channel coverage may vary and are subject to change without prior notice.

3. Client Responsibility for Consent and Lawful Use

You are solely responsible for ensuring that you have obtained valid, verifiable consent (opt-in) from every recipient before sending any commercial communication through the Services, and for honoring opt-out requests promptly. You agree to comply with all applicable laws and channel-partner policies, including but not limited to:

• The Telecom Regulatory Authority of India's (TRAI) Distributed Ledger Technology (DLT) framework for commercial communications and applicable Indian telecom regulations;
• The messaging and commerce policies of the WhatsApp Business Platform, for any campaigns sent over WhatsApp;
• The messaging policies applicable to RCS Business Messaging;
• The Information Technology Act, 2000 and rules made thereunder, and the Digital Personal Data Protection Act, 2023;
• Any other applicable anti-spam, telecom, data protection, or consumer protection law in the jurisdictions where your recipients are located.

SMSNiti reserves the right to suspend or terminate any campaign or account, without prior notice, that it reasonably believes violates this Section, involves unsolicited messaging, or risks the standing of SMSNiti or its channel partners with any regulator or platform.

4. Prohibited Content and Use

You agree not to use the Services to send, transmit, or promote:

• Unsolicited messages to recipients who have not provided consent;
• Content that is unlawful, fraudulent, defamatory, obscene, or infringes any third party's intellectual property or privacy rights;
• Phishing, malware, or any content designed to deceive or harm recipients;
• Content promoting illegal goods or services, or violating the acceptable-use policies of the underlying SMS, WhatsApp, RCS, voice, or email channel providers.

5. Fees and Payment

Service fees are quoted separately based on the channels, volumes, and features selected and are communicated to each client directly by our sales team; no binding price is published on the Site. Fees are payable in advance or as otherwise agreed in a client-specific order form or agreement, and are processed through trusted payment processors. Non-payment may result in suspension of Services. All Services are provided on a digital, non-shippable basis; see our Shipping Policy and Refund and Cancellation Policy for service activation and refund terms.

6. Service Availability

While we aim for high reliability, message delivery, call connection, and service uptime depend in part on third-party channel providers, telecom networks, and infrastructure outside our direct control. SMSNiti does not guarantee uninterrupted or error-free delivery of messages or calls and is not liable for delays or failures caused by such third parties.

7. Intellectual Property

All content on the Site, including text, graphics, logos, and software, is the property of SMSNiti or its licensors and is protected by applicable intellectual property laws. You may not copy, reproduce, or distribute Site content without our prior written consent. Any campaign creative, contact lists, or content you upload to run through the Services remains your property; you grant SMSNiti a limited license to process it solely to deliver the Services.

8. Limitation of Liability

To the maximum extent permitted by law, SMSNiti shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Site or Services. Our total liability for any claim arising under these Terms shall not exceed the fees paid by you to SMSNiti for the Services in the three (3) months preceding the claim.

9. Indemnification

You agree to indemnify and hold harmless SMSNiti, its officers, employees, and channel partners from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your failure to obtain valid recipient consent.

10. Termination

Either party may terminate the Services in accordance with the terms of the applicable client agreement or order form. SMSNiti may suspend or terminate access immediately, without notice, in cases of suspected fraud, illegal use, non-payment, or violation of Section 3 or 4 of these Terms.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts at Pune, Maharashtra, India.

12. Changes to These Terms

We may revise these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. Continued use of the Site or Services after changes take effect constitutes acceptance of the revised Terms.

13. Contact Us

For any questions about these Terms, please contact us at:

SMSNITI AI INTEGRATED (trading as SMSNiti)
204, Sapphire Chambers, Suite No. 1136, Baner, Pune - 411045, Maharashtra, India
Email: [email protected]
Phone: +91 92268 40759