TERMS OF SERVICE AGREEMENT

Please read these Terms of Service carefully before using this Website or purchasing any of our services.
By accessing or using our Website and services, you agree to be bound by all the terms and conditions set forth in this Agreement.

This Terms of Service Agreement (“Agreement”) is a legal contract between you (“Client,” “User,” “You,” or “Your”) and SMSBIRD DIGITAL SOLUTIONS PRIVATE LIMITED. (“SMSBIRD DIGITAL SOLUTIONS Pvt. Ltd. ,” “We,” “Our,” or “Us”), governing your use of our Website https://smsbirdsolutions.com/ and the services provided therein.

1. INTRODUCTION

SMSBIRD DIGITAL SOLUTIONS Pvt. Ltd. is a digital communication and marketing technology company offering enterprise-grade solutions such as Bulk SMS, Transactional & Promotional Messaging, Chatbot Automation, WhatsApp Marketing, OTP SMS API, and Voice Call Services.

By registering or using our services, you acknowledge that you have read, understood, and agree to comply with the terms of this Agreement, as well as with any applicable Indian laws, including but not limited to TRAI (Telecom Regulatory Authority of India) and DLT (Distributed Ledger Technology) guidelines.

2. SERVICES OFFERED

We provide a range of telecommunication and digital automation services, including but not limited to:

Bulk SMS Services (Transactional & Promotional)
OTP SMS Gateway Integration
Chatbot & WhatsApp API Solutions
Voice Broadcasting & IVR Services
API Integrations & Custom Messaging Solutions

All services are provided based on prepaid credits or agreed packages. Service delivery depends on telecom operator networks, DLT registrations, and recipient device availability.

3. USER RESPONSIBILITIES

By using our services, you agree to the following conditions:

Compliance:
- You shall comply with all applicable laws, including TRAI guidelines, DLT registration norms, and any other government regulations.
- You shall not use our platform to send unsolicited, spam, defamatory, abusive, or fraudulent messages.
Content Ownership:
- You are solely responsible for the content you send using our platform.
- We do not monitor your content but reserve the right to suspend any campaign violating ethical or legal norms.
Data Accuracy:
- You must ensure that all recipient data (phone numbers, names, etc.) used in your campaigns is accurate, valid, and collected legally with user consent.
Account Security:
- You are responsible for maintaining the confidentiality of your login credentials.
- Any unauthorized activity from your account will be deemed your responsibility unless reported immediately.

4. PAYMENT TERMS

All payments must be made in advance for the selected plan, package, or custom quotation.
Prices are exclusive of GST or applicable taxes, which will be charged separately as per law.
Services will be activated only upon receipt of payment confirmation.
Once activated, no refunds will be processed unless the fault lies solely with SMSBIRD DIGITAL SOLUTIONS.
Any delays due to third-party gateways, telecom issues, or DLT rejections are beyond our control and not eligible for compensation.

5. REFUND & CANCELLATION POLICY

Refunds are not applicable once credits, API access, or accounts have been activated.
If there is a technical failure caused by SMSBIRD DIGITAL SOLUTIONS and no service was rendered, a proportionate service credit may be issued after internal review.
Refunds (if approved) will be processed within 7–10 working days via the original payment method.
Cancellation requests must be sent via email to support@smsbirdsolutions.com with valid justification.

6. DATA SECURITY & PRIVACY

We ensure that all customer data, message content, and recipient databases are kept confidential and secure.
We do not share, sell, or distribute your data to any unauthorized third party.
Access to data is limited to authorized personnel only, for technical or support purposes.
You are responsible for ensuring that your message content and recipient list comply with data protection and privacy laws.

7. DLT & TRAI COMPLIANCE

As per Indian regulations, all entities sending SMS must be registered on a DLT platform (e.g., Videocon, Airtel, Jio, etc.).
Clients must provide valid Sender IDs, Templates, Headers, and Consent details as approved on their DLT portal.
Any misuse or attempt to bypass DLT compliance may result in account termination and possible reporting to authorities.
SMSBIRD DIGITAL SOLUTIONS is not responsible for message rejections caused by invalid DLT templates or operator restrictions.

8. SERVICE DELIVERY & LIMITATIONS

While we strive for 99% uptime and timely delivery, SMS/Voice/OTP message delivery depends on telecom networks and recipient device conditions.
We do not guarantee delivery to numbers registered under DND (Do Not Disturb).
SMSBIRD DIGITAL SOLUTIONS will not be liable for delays, failures, or data loss caused by network issues, natural calamities, or third-party failures.
Service credits, if applicable, are the only compensation for downtime or technical disruption.

9. INTELLECTUAL PROPERTY RIGHTS

All content, design, software, and materials available on our Website are the exclusive property of SMSBIRD DIGITAL SOLUTIONS Pvt. Ltd.
You are not allowed to reproduce, copy, distribute, or modify any part of our Website or platform without written permission.
You retain rights to your message content, but grant us permission to store and process it solely for service delivery purposes.

10. DISCLAIMER OF WARRANTIES

Our services are provided on an “as is” and “as available” basis.
SMSBIRD DIGITAL SOLUTIONS does not make any warranties, express or implied, regarding:

Continuous or error-free service operation,
Delivery success rates due to third-party networks,
Accuracy or timeliness of message delivery,
Fitness for any particular business purpose.

11. LIMITATION OF LIABILITY

Under no circumstances shall SMSBIRD DIGITAL SOLUTIONS, its affiliates, directors, or employees be liable for:

Any indirect, incidental, or consequential damages,
Loss of business, profits, or goodwill,
Service disruptions due to telecom or internet failures.

Our total liability shall not exceed the amount paid by the client for the affected service period.

12. INDEMNIFICATION

You agree to indemnify and hold harmless SMSBIRD DIGITAL SOLUTIONS PRIVATE LIMITED., its employees, directors, and affiliates from any claims, liabilities, or expenses arising from:

Misuse of our platform,
Breach of this Agreement,
Violation of any laws or DLT regulations,
Distribution of illegal or spam content.

13. SUSPENSION & TERMINATION

We reserve the right to suspend or terminate your account without prior notice if:

You violate TRAI or DLT norms,
You engage in illegal, spam, or abusive messaging practices,
You misuse the platform or breach any of these Terms.

Termination does not entitle the client to any refund or compensation.

14. GOVERNING LAW & JURISDICTION

This Agreement shall be governed by the laws of India.
Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra.

15. CONTACT INFORMATION

For any questions, disputes, or clarifications regarding this Agreement, please contact:

SMSBIRD DIGITAL SOLUTIONS Pvt. Ltd.
📍 1st – 180 Evershine Mall, Malad West, Mumbai, Maharashtra, 400064
📧 support@smsbirdsolutions.com
🌐 https://smsbirdsolutions.com/