Terms of Service

1. Definitions

• "Services" means all SMS, Voice, WhatsApp, RCS, Email, and related business messaging services provided by MessageBot.
• "API" means the MessageBot application programming interface and related developer tools.
• "Credits" means prepaid messaging units purchased by the Customer and consumed upon message delivery.
• "DLT" means the Distributed Ledger Technology platform mandated by TRAI for commercial messaging in India.
• "Sender ID / Header" means the 6-character alphabetic identifier displayed on recipient devices.
• "End User" means the final recipient of messages sent through our platform on your behalf.
• "Confidential Information" means API tokens, account credentials, pricing, and any non-public business information exchanged between the parties.

2. Account Registration & KYC

To use our services, you must complete account registration and provide accurate, current, and complete information. You must be at least 18 years old and legally authorised to enter into binding contracts on behalf of the business entity you represent.

Certain services require KYC (Know Your Customer) verification, including submission of business registration documents, PAN, GSTIN, and authorised signatory identity proof. This is mandatory under TRAI regulations for obtaining registered Sender IDs and DLT templates. Providing false KYC information constitutes a breach of these Terms and may result in immediate account suspension and referral to regulatory authorities.

3. Acceptable Use Policy

You agree to use our services only for lawful commercial communication purposes. You must comply with:

• All TRAI regulations including the Telecom Commercial Communications Customer Preference Regulations (TCCCPR) 2018
• DLT registration requirements for all Sender IDs and message templates
• DND (Do Not Disturb) scrubbing requirements for promotional messages
• The Information Technology Act, 2000 and applicable rules
• All applicable laws of India and the jurisdiction of the recipient

You are solely responsible for the content of all messages sent through your account.

4. Prohibited Uses

You may not use our services to send messages that:

• Are unsolicited commercial communications (spam) in violation of TRAI regulations
• Contain misleading, fraudulent, or deceptive content
• Relate to illegal goods or services (narcotics, counterfeit products, unlicensed financial services, gambling where prohibited)
• Constitute phishing, smishing, or social engineering attacks
• Contain malware, spyware, or links to malicious websites
• Harass, abuse, threaten, or discriminate against any person or group
• Violate any intellectual property rights of third parties
• Are directed at recipients who have not opted in, where opt-in is required by law
• Impersonate government bodies, financial institutions, or other regulated entities without authorisation

Violation of this Acceptable Use Policy will result in immediate suspension of your account without refund of unused credits, reporting to TRAI, telecom operators, or law enforcement as appropriate, and recovery of any costs MessageBot incurs as a result of the violation.

5. Credits, Payments & Billing

MessageBot operates on a prepaid credit model. Services are rendered only when sufficient credits are available in your account. Credits are denominated in Indian Rupees (INR) and are non-transferable between accounts.

• All prices are exclusive of applicable taxes (GST). GST at the prevailing rate will be added to all invoices.
• Credits are consumed upon successful message submission to the telecom network, regardless of final delivery status, unless otherwise specified in your plan.
• MessageBot reserves the right to revise pricing with 30 days' written notice to registered email addresses.
• Failed transactions due to invalid numbers, DND filtering, or operator rejection may be eligible for credit reversal at MessageBot's discretion.
• Invoices are issued electronically to your registered email address within 3 business days of each recharge.

For refund terms, see our Refund Policy.

6. API Usage & Rate Limits

Access to the MessageBot API is granted subject to rate limits applicable to your plan. Default rate limits are documented in the API Documentation. Exceeding rate limits will result in HTTP 429 responses; persistent abuse may result in temporary or permanent suspension.

• API tokens are confidential. You are responsible for all activity conducted under your API token.
• You must not share, resell, or sublicense API access without a prior written reseller agreement with MessageBot.
• MessageBot may modify API endpoints, parameters, or deprecate features with reasonable advance notice via developer documentation or email.

7. Service Levels

MessageBot targets a platform uptime of 99.9% measured monthly, excluding scheduled maintenance windows. Scheduled maintenance will be notified at least 24 hours in advance via the status page and email. In the event of unplanned outages exceeding 2 hours in a calendar month, affected customers may apply for service credits as follows:

Service credits are the sole remedy for downtime. Claims must be submitted within 7 days of the incident.

8. Intellectual Property

All intellectual property rights in the MessageBot platform, APIs, documentation, trademarks, and related materials are owned by or licensed to MessageBot Solutions Pvt Ltd. These Terms do not transfer any intellectual property rights to you. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the services solely for your internal business purposes in accordance with these Terms. You retain ownership of all message content you submit through our platform; by submitting it, you grant MessageBot a limited licence to process it for the sole purpose of providing the services.

9. Confidentiality

Each party agrees to keep the other's Confidential Information strictly confidential and not to disclose it to third parties without prior written consent, except as required by law. API tokens and account credentials must be stored securely and not committed to public repositories. MessageBot will not use your message content or recipient data for any purpose other than providing the contracted services.

10. Account Suspension & Termination

MessageBot may suspend or terminate your account immediately and without notice if:

• You breach the Acceptable Use Policy (Section 3 & 4)
• We receive a directive from TRAI, DoT, or a court requiring suspension
• Your account is associated with fraudulent activity or chargeback abuse
• You fail KYC or provide false documentation

MessageBot may also terminate your account with 30 days' notice for any reason.

You may terminate your account at any time by contacting support. Upon termination, unused credits may be refunded subject to the Refund Policy. Termination does not affect any rights or obligations that have accrued prior to the termination date.

11. Limitation of Liability

To the maximum extent permitted by applicable law, MessageBot's total aggregate liability to you for any claims arising under these Terms — whether in contract, tort, or otherwise — shall not exceed the total amount paid by you to MessageBot in the three (3) calendar months immediately preceding the event giving rise to the claim. MessageBot shall not be liable for: (a) any indirect, incidental, special, consequential, or punitive damages; (b) loss of revenue, profits, data, business, or goodwill; (c) failures caused by telecom operator network issues beyond MessageBot's reasonable control; (d) message delivery failures due to recipient DND registration, invalid numbers, or handset issues; or (e) regulatory changes affecting service availability.

12. Indemnification

You agree to indemnify, defend, and hold harmless MessageBot Solutions Pvt Ltd, its officers, directors, employees, and agents from and against any claims, liabilities, damages, penalties, fines, and costs (including legal fees) arising from: (a) your use of the services in violation of these Terms; (b) the content of messages you send through our platform; (c) your violation of any TRAI regulation, applicable law, or third-party right; or (d) any complaint from an End User recipient of your messages.

13. Force Majeure

Neither party shall be liable for delay or failure to perform obligations under these Terms to the extent caused by events beyond their reasonable control, including natural disasters, acts of government, telecom network outages by operators, war, civil unrest, or pandemic. The affected party must notify the other in writing within 5 business days of the event and take reasonable steps to mitigate the impact.

14. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in New Delhi, India. Both parties consent to the personal jurisdiction of such courts and waive any objection to venue or inconvenient forum.

15. Dispute Resolution

Before initiating formal legal proceedings, the parties agree to attempt resolution through good-faith negotiation for a period of 30 days from written notice of the dispute. If unresolved, disputes may be referred to binding arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator appointed by mutual agreement or, failing agreement, by the Delhi International Arbitration Centre. The arbitration shall be conducted in English, and the seat of arbitration shall be New Delhi. The arbitral award shall be final and binding.

16. Amendments

MessageBot reserves the right to amend these Terms at any time. Material changes will be notified to your registered email address at least 15 days before taking effect. Non-material changes (corrections, clarifications) may be posted without advance notice. Continued use of our services after the effective date of changes constitutes acceptance of the revised Terms. If you do not agree to revised Terms, you must stop using the services and request account closure before the effective date.

17. Contact Information