Terms of Service

1. Introduction & Acceptance

These Terms of Service ("Terms") govern your access to and use of the website sms4every1.com, our client dashboard at app.sms4every1.com, and all Bulk SMS, RCS, WhatsApp Business, DLT registration and related digital marketing services (collectively, the "Services") provided by Smart Marketing Services ("we", "us", "our"), a communication technology company headquartered in Mumbai, India, operating under the brand sms4every1 since 2011.

By accessing our website, creating an account, or using any of our Services, you ("you", "User", "Client") agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.

These Terms may be updated from time to time. The "Last Updated" date at the top of this page reflects the most recent revision. Continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.

2. Eligibility

You must be at least 18 years old and capable of forming a legally binding contract under the Indian Contract Act, 1872 to use our Services. Our Services are intended for use by businesses, organisations and professionals sending commercial or transactional communications — not by individual consumers for personal, non-commercial messaging.

If you are registering on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Account Registration

• You must provide accurate, current and complete information when creating an account, including a valid business name, email address and mobile number.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• You must notify us immediately at smsforeveryone@gmail.com or +91 9323389977 if you suspect any unauthorised use of your account.
• We reserve the right to suspend or terminate accounts that provide false information or are used in violation of these Terms.

4. Description of Services

Smart Marketing Services provides a platform and managed services for:

• Bulk SMS — promotional, transactional and language/regional SMS campaigns.
• RCS SMS — rich, interactive messaging over the RCS protocol.
• WhatsApp Business — marketing, authentication, utility and customer support messaging via the WhatsApp Business API.
• International SMS — outbound messaging to 190+ countries.
• DLT Registration — assistance with entity, Sender ID and template registration on TRAI-mandated DLT platforms.
• Digital Solutions — Customer 360, social media marketing, agentic chatbot, website/SEO and cloud solutions.

Message delivery depends on third-party telecom operator networks and, for WhatsApp, on Meta's Business Platform. While we target industry-standard delivery rates, we do not guarantee delivery of any individual message, as final delivery is outside our direct control once handed off to these networks.

5. Fees & Payment

• Fees for our Services are as quoted to you at the time of order, based on message volume, channel (SMS/RCS/WhatsApp) and any add-on services (e.g. DLT filing).
• Payments are accepted via bank transfer, UPI, or our payment gateway partners. We do not store your card or bank credentials on our own servers.
• Bulk SMS and messaging credits are generally purchased in advance (prepaid) and are consumed as messages are sent; unused credits do not expire unless stated otherwise at the time of purchase.
• We reserve the right to correct any pricing errors, and to refuse or cancel an order placed at an incorrectly displayed or quoted price.
• All applicable taxes, including GST, are charged in addition to quoted fees unless stated as inclusive.

6. Cancellation & Refunds

• You may request cancellation of any subscription-based service at any time by contacting our team; cancellation takes effect at the end of the current billing cycle.
• Prepaid messaging credits are non-refundable once consumed. Unused credit balances may be refunded at our discretion, subject to a review of account usage and any applicable deductions.
• Refunds may be issued where a verified technical fault on our end (e.g. platform downtime, duplicate billing) prevented delivery of paid-for messages.
• DLT registration fees are non-refundable once a filing has been submitted to a telecom operator's DLT portal, as this represents a completed service.

7. Acceptable Use & TRAI/DLT Compliance

As a messaging service operating in India, use of our Services is subject to the TRAI Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR) and the DLT (Distributed Ledger Technology) framework. By using our Services, you agree that:

• You will only send messages to recipients who have provided valid consent to receive them.
• You will not send promotional messages to numbers registered on the National Customer Preference Register (NCPR/DND) except where explicitly permitted by law.
• All Sender IDs and message templates used on our platform must be registered and pre-approved on the relevant operator DLT portal before use. We may assist with this filing, but the accuracy of the information you provide for registration is your responsibility.
• You will not use our WhatsApp Business services in a manner that violates Meta's WhatsApp Business Policy or Commerce Policy.
• You are solely responsible for the content, accuracy and legality of the messages you send through our platform.

8. Prohibited Activities

You agree not to use our Services to:

• Send spam, phishing messages, malware links, or fraudulent content.
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity.
• Send content that is unlawful, defamatory, obscene, or infringes any third party's intellectual property or privacy rights.
• Attempt to circumvent DLT, DND or other regulatory filters built into our platform.
• Reverse-engineer, scrape, or attempt unauthorised access to our platform, APIs or underlying infrastructure.
• Resell or sublicense access to our Services without a separate written reseller agreement with us.
• Use automated means (bots, scripts) to abuse or overload our systems.

We reserve the right to suspend or terminate, without refund, any account found engaging in the activities listed above.

9. User Content & Data

"User Content" means any message text, contact lists, templates, media or other material you upload, submit or transmit through our Services.

• You retain all ownership rights in your User Content.
• You grant us a limited, non-exclusive licence to process, transmit and store your User Content solely for the purpose of delivering the Services (e.g. routing your messages to telecom operators or Meta's WhatsApp infrastructure).
• You represent that you have all necessary rights and consents to upload and send your User Content, including consent from recipients on your contact lists.
• We do not use your contact lists or campaign content for our own marketing purposes, and we do not sell your data to third parties. See our Privacy Policy for full details.

10. Intellectual Property

All rights, title and interest in our website, platform, software, dashboards, APIs, logos and branding (including the sms4every1 name and mark) are owned by Smart Marketing Services or its licensors and are protected under Indian and international intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use our platform solely for your own internal business messaging purposes. You may not copy, modify, distribute, sell or lease any part of our Services or included software.

11. Third-Party Services

Our Services rely on and interconnect with third-party infrastructure, including telecom operator networks (Airtel, Jio, Vi, BSNL and others), Meta's WhatsApp Business Platform, DLT portal operators, and payment gateway providers. We are not responsible for outages, policy changes, or service interruptions caused by these third parties.

Our website may also contain links to third-party websites. We do not endorse and are not responsible for the content, privacy practices, or terms of any linked third-party site.

12. Privacy

Our collection, use and protection of your personal data is governed by our Privacy Policy, which forms part of these Terms by reference. All data processing under these Terms occurs in accordance with the Digital Personal Data Protection Act, 2023 and the Information Technology Act, 2000, with data hosted on servers located in India.

13. Disclaimer of Warranties

Our Services are provided on an "as is" and "as available" basis. While we work to maintain high uptime and delivery rates, we do not warrant that the Services will be uninterrupted, error-free, or that message delivery, read receipts, or specific delivery timeframes are guaranteed, as these depend on third-party telecom and Meta infrastructure outside our control.

To the maximum extent permitted by applicable law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

14. Limitation of Liability

To the maximum extent permitted by applicable Indian law, Smart Marketing Services shall not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, business, goodwill or data, arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to these Terms or the Services shall not exceed the total fees paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.

15. Indemnification

You agree to defend, indemnify and hold harmless Smart Marketing Services, its officers, employees and partners from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use or misuse of the Services; (b) your violation of these Terms or applicable law (including TRAI/DLT regulations); or (c) your User Content, including any lack of recipient consent for messages you send.

16. Termination

• You may stop using our Services and close your account at any time by notifying us.
• We may suspend or terminate your access to the Services, with or without notice, if we reasonably believe you have violated these Terms, applicable law, or pose a risk to our platform, other users, or telecom/Meta compliance standing.
• Upon termination, your right to use the Services ceases immediately. Provisions relating to fees owed, intellectual property, indemnification, limitation of liability, and governing law survive termination.

17. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved amicably through good-faith discussion. If unresolved within 30 days, the dispute shall be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra, India.

18. Severability & Entire Agreement

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy and any signed service/reseller agreement between you and us, constitute the entire agreement between you and Smart Marketing Services regarding the Services, superseding any prior agreements.

No Waiver: Our failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision.

19. Changes to These Terms

We may revise these Terms from time to time to reflect changes in our Services, business practices or applicable law. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify registered account holders by email.

Your continued use of our website or Services after any changes constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

20. Contact Us