Legal

Terms & Conditions

Please read these terms carefully before using our platform.

Last updated: 1 January 2024

These Terms and Conditions ("Terms") govern your access to and use of the website onlinebulksms.com and all services offered by OnlineBulkSMS ("Company", "we", "our", or "us"), located at Plot 77, Pavan Vihar Colony, Hyderabad, Telangana, India. By registering an account or using any of our services, you ("User", "you") agree to be bound by these Terms. If you do not agree, do not use our services.

1. Definitions

  • "Platform" refers to the website onlinebulksms.com and all associated web applications, APIs, and tools.
  • "Services" refers to Bulk SMS, RCS SMS, WhatsApp Business messaging, Developer API, and any other messaging or communication services offered by us.
  • "Content" refers to text messages, images, documents, and any other material submitted by you for delivery via our Services.
  • "Credits" refers to prepaid messaging units purchased to send messages through the Platform.
  • "DLT" refers to the Distributed Ledger Technology registration system mandated by TRAI for commercial communications in India.

2. Eligibility and Account Registration

To use our Services, you must:

  • Be at least 18 years of age
  • Be a legal entity or an individual with the capacity to enter into binding contracts under Indian law
  • Provide accurate, complete, and current registration information
  • Maintain the security of your account credentials and notify us immediately of any unauthorised access

You are responsible for all activity that occurs under your account. We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

3. Acceptable Use Policy

You agree to use the Platform and Services only for lawful purposes and in compliance with all applicable laws and regulations, including but not limited to the Indian Telegraph Act 1885, the Information Technology Act 2000, TRAI regulations, and all DLT-related guidelines.

3.1 Prohibited Content

You must not use our Services to send or facilitate:

  • Spam, unsolicited commercial communications, or messages to recipients who have not opted in
  • Phishing, fraud, scams, or any deceptive content
  • Content that is obscene, defamatory, threatening, harassing, or abusive
  • Content that infringes any intellectual property rights
  • Messages promoting illegal activities, drugs, weapons, or gambling (unless expressly licensed)
  • Political messaging without appropriate authorisation
  • Any content prohibited under applicable Indian law

3.2 DLT Compliance

All commercial messages sent through our Platform must comply with TRAI's DLT mandates. You are responsible for registering your entity, headers (Sender IDs), and message templates on the TRAI DLT portal before using our Services for promotional or transactional messaging. We may suspend your account if you are found to be non-compliant with DLT requirements.

3.3 Opt-In Requirement

You must maintain verifiable proof of consent (opt-in) from all recipients before sending them commercial messages. We reserve the right to audit your opt-in records. Failure to maintain consent records or receipt of significant spam complaints may result in account suspension.

4. Fees, Credits, and Payment

  • Credits are prepaid and non-refundable except as expressly stated in our Refund Policy.
  • Prices are listed on our website in Indian Rupees (INR) and are exclusive of applicable GST unless stated otherwise.
  • We reserve the right to modify pricing with 30 days' advance notice to registered users.
  • Unused credits expire 12 months from the date of purchase unless otherwise specified in your plan.
  • All invoices are issued electronically. It is your responsibility to ensure billing details are current.

5. Service Availability and Uptime

We strive to maintain 99.9% platform uptime. However, we do not guarantee uninterrupted service. Scheduled maintenance will be notified in advance. We shall not be liable for delivery failures caused by third-party telecom operator issues, network congestion, DLT rejections, recipient handset conditions, or events beyond our reasonable control.

6. Intellectual Property

All content on this Platform — including but not limited to software, logos, designs, text, and documentation — is the intellectual property of OnlineBulkSMS or its licensors and is protected under applicable Indian and international intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our prior written consent.

You retain ownership of the Content you submit. By submitting Content, you grant us a non-exclusive, royalty-free licence to process, store, and transmit it solely to deliver the Services.

7. Confidentiality

Both parties agree to keep confidential any non-public information exchanged in connection with these Terms and not to disclose it to third parties without prior written consent, except as required by law.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

  • Our Services are provided "as is" and "as available" without warranties of any kind, express or implied.
  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Services.
  • Our total cumulative liability for any claim arising under these Terms shall not exceed the amount paid by you to us in the three months preceding the event giving rise to the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless OnlineBulkSMS, its directors, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising out of or relating to: (a) your use of the Services in violation of these Terms; (b) your violation of any applicable law or regulation; (c) Content you submitted; or (d) infringement of any third-party rights.

10. Termination

Either party may terminate the agreement with 30 days' written notice. We may suspend or terminate your account immediately without notice if you breach these Terms, violate applicable law, or engage in activity that risks harm to our platform, other users, or third parties. Upon termination, your access to the Services ceases and unused credits are forfeited, unless otherwise required by law.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. Any disputes arising from or relating to these Terms shall first be attempted to be resolved through mutual negotiation. If unresolved within 30 days, disputes shall be subject to the exclusive jurisdiction of the courts of Hyderabad, Telangana, India.

12. Amendments

We reserve the right to modify these Terms at any time. Material changes will be communicated to registered users via email at least 14 days before they take effect. Continued use of our Services after the effective date constitutes your acceptance of the revised Terms.

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OnlineBulkSMS with respect to the subject matter herein and supersede all prior or contemporaneous agreements, representations, or understandings.

14. Contact Us

For any questions about these Terms, please contact us: