01 Legal Information
These Terms of Service (“ToS”) are an agreement between SMSGATEWAYHUB TECHNOLOGIES PVT LTD (“smsgatewayhub”, which term shall, unless repugnant to the context or meaning thereof, be deemed to mean and include all its affiliates, subsidiaries, successors and permitted assigns) and any Person who is a user/browser of, or has accessed, the Site (“User”), whether or not registered, of any of the Services available on this website (“Site”). “Person” means any individual, corporation, partnership, limited liability company, trust, joint stock company, business, limited liability partnership, unincorporated association, Hindu undivided family, joint venture, organization similar to the foregoing, governmental authority, or other entity of any nature whatsoever.
These ToS shall be read together with all amendments, additional terms, the Privacy Policy, and any other terms that govern the Services from time to time (together, the “Service Agreements”).
02 Definitions
New — added for clarity. Terms already defined inline above (User, Person, Site, ToS) are not repeated here.
- Services
- Bulk SMS, WhatsApp Business API, RCS, OTP, Voice SMS, and any other messaging, API, or platform service made available by smsgatewayhub, including the dashboard, browser extensions, plugins, and apps.
- Content
- Any message, text, template, media, or data uploaded, transmitted, or distributed by a User through the Site or Services.
- Credits
- The prepaid unit of measure (as defined in Section 07) that is deducted from a User's wallet for consumption of Services.
- Operator
- Any telecommunications company or mobile network provider through whose network messages are routed for delivery.
- TRAI Regulations
- The Telecom Commercial Communications Customer Preference Regulations, 2010 and the Distributed Ledger Technology (DLT) framework prescribed by the Telecom Regulatory Authority of India, as amended from time to time.
- Applicable Law
- All statutes, regulations, rules, orders, and directions in force in India applicable to the Services, including the TRAI Regulations, the Information Technology Act, 2000 and rules made thereunder, and the Digital Personal Data Protection Act, 2023.
03 Registration & Your Account
- (a). Upon Registration and successful completion of the registration formalities/payments, the User may avail the paid Services on the Site, including use of the APIs and platform. Registration implies acceptance of the ToS, additional terms, and Privacy Policy in force from time to time, including applicable payment terms.
- (b). The User declares and agrees that: (i) all information provided during Registration is true, genuine, and accurate, and shall be kept current, complete, and true at all times; (ii) the User shall maintain and update their registration data accordingly; (iii) the User is of legal age (if an individual) and has the requisite legal standing to form a binding contract with smsgatewayhub, and is not a person barred from receiving Services under Applicable Law.
- (c). All personal information provided during Registration shall be treated in accordance with the Privacy Policy in force from time to time.
- (d). Upon Registration, the User is provided a private account (“User Account”) with a username and password. The User is solely responsible for all use and activity conducted through the User Account and for safeguarding its credentials. The User agrees to notify smsgatewayhub immediately of any known or suspected unauthorized access or use of the User Account; smsgatewayhub is not responsible for fraud committed by any other person using credentials issued to the User.
- (e). Any Credits granted free of charge by smsgatewayhub at Registration or otherwise remain subject to the ToS and other Service Agreements.
- (f). Reseller / Channel Partner accounts must place at least one purchase per quarter to retain reseller/channel benefits; failing this, the account may expire without prior notice.
04 General Terms of Use
- (a). The Services provided herein are restricted to the India territory and to recipients located in India only.
- (b). smsgatewayhub may, at its sole discretion, deactivate a User's password and/or User Account, or suspend access to any Service, without notice at any time, and may remove or block distribution of any Content without notice or explanation. The User authorizes smsgatewayhub to rely on any data, notice, instruction, or request furnished by, or reasonably believed to have been furnished by, the User.
- (c). smsgatewayhub acts merely as a facilitator in respect of the Services and is not liable for the Content or any other aspect of the Service.
- (d). smsgatewayhub reserves the right to refuse, deny, restrict, or terminate use of the Services by any User at its sole discretion, or without reason, and shall not be liable for such refusal, restriction, or termination.
- (e). Any modification to the Services that alters how they may be used, or the launch of new Services, is governed by the ToS and other relevant Service Agreements.
- (f). Access to and use of the Site and Services is at the User's own risk. The Services depend on Operators, and smsgatewayhub makes no guarantee of dependability, accuracy, security, timeliness, or availability of the Site, network, or Services. All information, software, Services, and materials are provided “as is”, without warranties of any kind including merchantability, fitness for a particular purpose, title, and non-infringement.
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Compliance responsibility. The User is solely responsible for ensuring compliance with the TRAI Regulations and all other Applicable Law relevant to their use of the Services, and is solely liable for any damage or loss caused to smsgatewayhub arising from misuse of the Services — including sending unsolicited commercial communications — or from any breach of the TRAI Regulations or Applicable Law.
- (h). The User agrees to defend, indemnify, and hold smsgatewayhub, its affiliates, directors, officers, and employees harmless against all losses, damages, actions, and proceedings (including legal expenses) arising from breach of these ToS, infringement of third-party rights, or any regulatory action relating to misuse of the Services, including breach of the TRAI Regulations or Applicable Law. This obligation survives termination of the User's relationship with smsgatewayhub or use of the Site.
- (i). smsgatewayhub does not assume responsibility for Content stored or published by a User. Any opinions expressed by a User are solely that User's own. Anyone who believes Content on the Site infringes any law may write to support@smsgatewayhub.com.
- (j). All software used in connection with the Services is owned by SMSGATEWAYHUB TECHNOLOGIES PVT LTD and is protected under applicable Intellectual Property law — see Section 10 (Intellectual Property).
- (k). The right to use any Service is personal to the User. Where the User is a company, this extends to its employees, and any contravention of the ToS by an employee is deemed a contravention by the company, which remains liable to smsgatewayhub accordingly.
- (l). The User shall not use a name that is confusing or misleading, or impersonate or deceive anyone as to identity, and shall not interfere with or disrupt the Site, its servers, or any connected network, or restrict other Users' enjoyment of the Site.
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(m). The User shall not use the Services to:
- rent, lease, license, grant a security interest in, or otherwise transfer the User's rights hereunder to any third party without smsgatewayhub's express agreement;
- defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of, or otherwise infringe the legal rights of any person;
- conduct or promote illegal contests, pyramid schemes, chain letters, unsolicited advertising, or unlawful marketing campaigns;
- harm minors in any way;
- publish or distribute content that is illegal, inappropriate, profane, defamatory, obscene, indecent, or contains nudity or adult content;
- use software, content, or material protected by intellectual property rights without ownership or the necessary consents;
- distribute software or content containing viruses, worms, or code intended to damage or disable another's computer, hardware, or security measures;
- publish content constituting hate speech directed at an individual or group on grounds of race, sex, creed, national origin, religion, sexual orientation, or language;
- market or distribute firearms, explosives, ammunition, liquor, tobacco, illegal gambling, non-compliant food products, illicit drugs or controlled substances, counterfeit or stolen goods, rights-infringing goods, obscene/pornographic goods, unregistered securities, goods the User cannot legally sell, misrepresented or non-existent goods, or any activity that would cause smsgatewayhub to violate Applicable Law;
- harvest third-party information, including e-mail addresses, without express consent; or
- violate any Applicable Law.
- (n). The Services are provided without implicit or explicit warranty. No advice or suggestion given by smsgatewayhub implies any warranty. smsgatewayhub is not responsible for harm arising from inability to access the Services, loss of Content, viruses, damaged files, errors, interruptions, network problems, or unauthorized access/modification of data. The User is solely responsible for keeping a copy of their Content. smsgatewayhub may modify any Service at any time, even without notice.
- (o). smsgatewayhub may change or discontinue any Service at any time without notice, and may bar a User from access if it determines a breach of the ToS or any Service Agreement, if a representation made by the User is untrue, or pursuant to a court order or legal action. If the User breaches the ToS or an applicable Service Agreement, all Credits accrued shall be forfeited without refund of any prepaid fees.
- (p). Links within the Site may lead to third-party sites not under smsgatewayhub's control; smsgatewayhub is not responsible for the content or operation of such sites.
- (q). smsgatewayhub shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages — including loss of use, data, accounts, revenue, or profits — arising from use of, or inability to use, the Site or Services, whether based in contract, tort, negligence, or strict liability, even if advised of the possibility of such damages. If dissatisfied with the Site or these ToS, the User's sole remedy is to discontinue use; no refund or other claim arises from such discontinuation, except as set out in Section 08 (Refund & Cancellation Policy).
- (r). The User confirms the Services are availed for itself and not as an intermediary acting for a third party.
- (s). smsgatewayhub reserves the right to suspend the Services at any time, with or without notice, pursuant to an order or direction of a Statutory Body or the Judiciary.
- (t). The User agrees to receive promotional, transactional, and commercial communications from smsgatewayhub via email or SMS.
05 User Content
- (a). The User is responsible for all Content uploaded, displayed, transmitted, or distributed through the Site; smsgatewayhub has no liability in respect of such Content. smsgatewayhub may, but is not obliged to, monitor or review Content and User compliance with the ToS, and may edit, refuse, or remove Content it deems to violate the ToS or otherwise unfit, without notice.
- (b). The User represents and warrants that all Content it uploads or distributes is owned by, or the User is otherwise entitled to use, such Content. smsgatewayhub is not liable for any dispute as to ownership of Content, and the User agrees to indemnify smsgatewayhub against any such claims.
- (c). All Content used on the Site must conform to any content rules issued by smsgatewayhub from time to time.
- (d). smsgatewayhub does not sell Content but provides a service to transmit Content supplied by the User to mobile and other devices. smsgatewayhub does not control, monitor, validate, or verify User Content and is not responsible for its authenticity, ownership, or accuracy.
06 Payment Terms
- (a). smsgatewayhub reserves the right to charge the User for use of any Service at the rate and manner it decides from time to time (“Consideration”), and is under no obligation to justify the amount charged.
- (b). Consideration is payable via credit card, net banking, or offline mode (cheque/demand draft) against which Credits are issued, subject to the terms governing use of Credits. Consideration is payable in advance of Service use.
- (c). smsgatewayhub shall not be liable to refund money paid for Services except as specifically provided in these ToS — see Section 08 (Refund & Cancellation Policy).
- (d). Commercials mentioned herein are subject to change depending on Network Operator or Statutory Body pricing changes. Such changes will be communicated to the registered e-mail ID or published on the smsgatewayhub website.
07 Credits Policy
- (a). “Credit” means one (1) standard SMS of 160 characters (GSM 3.38 character set) reflected in the User's Account. Messages up to 918 characters are split and joined at the receiving handset; in this case, length is calculated at 153 characters per segment as 7 characters are used for concatenation. Unicode messages support a wider character set at a standard length of 63 characters per segment (compared to 160/153 for GSM), and long Unicode messages are supported in multiples of 63.
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Credits are non-refundable once purchased, except for use of the Services or as specifically stated in Section 08 below. Closing a User Account immediately forfeits all Credits in it; if the Account is closed by smsgatewayhub under its rights herein, accumulated Credits are forfeited immediately and without compensation.
- (c). Credits cannot be transferred between Users, or between User Accounts of the same User.
- (d). smsgatewayhub reserves the right to refuse or cancel the sale of Credits to any User at its sole discretion.
- (e). smsgatewayhub reserves the right to withhold a User's Credits, or restrict their use, for such period as it deems fit, where it observes misuse of the Services (including spamming or phishing). Users shall not use the Services for any unlawful activity, including fraudulent transactions or communications intended to deceive recipients.
- (f). smsgatewayhub reserves the right to confiscate Credits in accordance with this Agreement (“Confiscated Credits”); such Credits are forfeited immediately with no further claim by the User. smsgatewayhub may also adjust the number of Credits corresponding to changes in cost per Credit due to Operator/Statutory Body commercial changes, with or without prior intimation.
- (g). smsgatewayhub may alter these Credits provisions at its sole discretion without prior notice; Users are advised to review these terms periodically.
- (h). For existing customers (prior to DLT implementation): account validity remains unlimited, while SMS Credits expire strictly per the purchased plan. No extension of credit validity is granted beyond agreed terms. Where Operator pricing is revised, Credits may be adjusted accordingly and no refund shall apply.
08 Refund & Cancellation Policy
New section — a dedicated, clearly linked refund policy is expected by payment gateways (Razorpay/PayU/etc.) and by RBI guidance on recurring/prepaid digital services. Please confirm the figures below (turnaround days, deduction basis) match your actual process.
Short version: consumed Credits are non-refundable. An unused Credit balance may be refunded only in the limited cases below, minus any transaction/gateway charges already incurred by smsgatewayhub.
- (a). Credits already consumed for delivered, attempted, or failed-due-to-recipient-side messages (e.g. invalid number, handset switched off, DND-blocked) are non-refundable, as delivery depends on Operator networks outside smsgatewayhub's control.
- (b). Where a payment is deducted from the User but Credits are not issued to the Account due to a technical or gateway failure, the User may request a refund of that specific transaction by writing to account@smsgatewayhub.com with the payment reference. Verified failed-transaction refunds are processed within [7–10] business days to the original payment method.
- (c). Duplicate payments for the same order, once verified, are refunded in full within [7–10] business days.
- (d). Annual/plan subscriptions and DLT registration fees, once processed with the relevant Statutory Body or Operator, are non-refundable.
- (e). Reseller/Channel Partner deposits are governed by the specific partner agreement executed with smsgatewayhub and are not covered by this general policy.
- (f). Chargebacks or payment disputes raised directly with a bank or card network without first contacting smsgatewayhub support may result in suspension of the User Account pending resolution.
09 Data Protection & Privacy
New section — references the Digital Personal Data Protection Act, 2023 (DPDP Act). Link this section to your actual Privacy Policy page once finalised.
- (a). smsgatewayhub processes personal data provided during Registration (name, contact details, billing information) and message-routing data necessary to deliver the Services, in accordance with its Privacy Policy and the Digital Personal Data Protection Act, 2023, and other Applicable Law.
- (b). Content transmitted through the Services (message bodies, recipient numbers) is processed solely to route and deliver such Content, and is retained only for the period required for delivery, billing reconciliation, and TRAI DLT record-keeping requirements.
- (c). smsgatewayhub does not sell User personal data to third parties. Data may be shared with Operators, payment processors, and DLT platforms strictly to the extent necessary to provide the Services or comply with Applicable Law.
- (d). Users may request access to, correction of, or deletion of their personal data (subject to statutory retention requirements) by writing to support@smsgatewayhub.com.
10 Intellectual Property
- (a). All software utilised in connection with the Services is owned by SMSGATEWAYHUB TECHNOLOGIES PVT LTD and protected under applicable Intellectual Property law in India and other relevant jurisdictions. It is disclosed to the User only for the purpose of using the Services.
- (b). The User shall not, without smsgatewayhub's prior written consent, copy, modify, create derivative works from, reverse engineer, decompile, or attempt to discover the source code of the Software, nor sell, license, or transfer any right in the Software, nor reproduce, redistribute, or sell any information, Software, Services, or benefits obtained from the Site except as expressly provided herein.
11 API Terms
In addition to the General Terms of Use, any User of API Services is bound by the following:
- (a). The User has no rights over any API offered by smsgatewayhub beyond utilization of the Services; APIs remain the property of smsgatewayhub. Without prior written consent, the User shall not: (i) allow or facilitate use of the APIs by any person other than itself; (ii) develop or build any product or service using the APIs for use by others; or (iii) redistribute, resell, or reuse the APIs, or any product/service built using them.
- (b). The User is solely liable for any damage or loss to smsgatewayhub arising from misuse of the API, or use of an API otherwise than in accordance with these terms.
- (c). The User agrees to defend, indemnify, and hold smsgatewayhub harmless against all losses, damages, and legal expenses arising from any action by a Statutory Body or Operator relating to misuse of the API, including breach of the TRAI Regulations or Applicable Law.
13 Disclaimer & Limitation of Liability
smsgatewayhub shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages arising from use of, or inability to use, the Site or Services, including loss of use, data, accounts, revenue, or profits, whether based in contract, tort, negligence, or strict liability, even where advised of the possibility of such damages. smsgatewayhub provides the Services on a best-effort basis and takes no responsibility for delays caused by inter-Operator dependencies. See also Sections 04(q) and 04(n) above.
14 Indemnification
The User agrees to defend, indemnify, and hold harmless smsgatewayhub, its affiliates, directors, officers, and employees against any and all losses, damages, actions, and proceedings (including legal expenses) arising from breach of these ToS, infringement of any third-party right, or regulatory action relating to misuse of the Services, as further detailed in Sections 04(h), 11(c), and 12(g) above. This obligation survives termination of the User's relationship with smsgatewayhub.
15 Suspension & Termination
smsgatewayhub may suspend or terminate a User's access to the Services at its sole discretion, with or without notice, including where it determines a breach of these ToS, upon receipt of a court order or regulatory direction, or where continued access could expose smsgatewayhub to legal or regulatory risk. Upon termination for breach, all Credits accrued to the User are forfeited without refund, and any obligations that by their nature survive termination (including indemnification and confidentiality) shall continue to apply.
16 Grievance Redressal
New section — required under Rule 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 for entities that transmit third-party content. Fill in the marked fields with your actual Grievance Officer details.
In accordance with the Information Technology Act, 2000 and the rules made thereunder, the name and contact details of the Grievance Officer are provided below. The Grievance Officer will acknowledge complaints within 24 hours and endeavour to resolve them within 15 days of receipt.
17 Force Majeure
smsgatewayhub shall not be liable for any failure or delay in performing its obligations under these ToS where such failure or delay results from causes beyond its reasonable control, including acts of God, natural disaster, war, civil unrest, government or Statutory Body action, Operator network failure, internet or power outages, strikes, or pandemics. Performance obligations shall resume as soon as reasonably practicable once the force majeure event concludes.
18 Governing Law & Jurisdiction
These ToS are governed by the laws of India. Both the User and smsgatewayhub agree that all disputes arising from or in connection with these ToS shall be subject to the exclusive jurisdiction of the Courts of Madhya Pradesh, Indore, India.
19 Amendments to these Terms
New section — standard practice to state how and when changes take effect.
smsgatewayhub may revise these ToS from time to time. Material changes will be notified via the registered e-mail ID or a notice on the Site, and will indicate an updated “Last updated” date at the top of this page. Continued use of the Services after such changes take effect constitutes acceptance of the revised ToS.
20 Miscellaneous
- (a). If any provision of these ToS is held illegal, invalid, or unenforceable, that provision shall be deemed severed and the remainder shall continue in full force. These ToS constitute the entire agreement between the User and smsgatewayhub regarding use of the Services, superseding all prior agreements or understandings. smsgatewayhub's failure to enforce any provision shall not be construed as a waiver of that or any other provision. These ToS confer no rights or remedies on any third party.
- (b). The User shall not represent themselves as a representative, agent, or employee of smsgatewayhub. No joint venture, partnership, employment, or agency relationship arises from these ToS or use of the Site.
- (c). smsgatewayhub's performance is subject to existing law and legal process, and nothing herein derogates from smsgatewayhub's right to comply with governmental, court, or law-enforcement requests relating to use of the Site.
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(d). Use of Service Numbers:
- smsgatewayhub does not guarantee continued use of any Service Number, which may be discontinued at any time without notice. Where a Service Number is discontinued, smsgatewayhub will make reasonable efforts to provide an Alternate Service Number.
- If smsgatewayhub is unable to provide an Alternate Service Number, it shall refund the proportionate amount of Credits paid by the User for that Service Number, which shall fully and finally settle all claims in this regard; smsgatewayhub's liability shall not exceed that proportionate amount.