These Terms & Conditions (“Terms”) are a legally binding agreement between you (“Customer”, “you”, “your”) and Deshana Enterprises Pvt. Ltd., a company incorporated under the Companies Act, 2013, operating the SMS Dekho platform through its unit Deshana IT, with its registered office at Jaipur, Rajasthan, India (“SMS Dekho”, “we”, “us”, “our”).
Please read these Terms carefully. By accessing smsdekho.com (the “Website”), creating an account, requesting a quote, or using any of our messaging, voice, email, automation, or related services (the “Services”), you agree to be bound by these Terms, our Privacy Policy, Cookies Policy and Refund Policy, each of which forms part of this agreement. If you do not agree, do not use the Website or the Services.
This is an electronic record under the Information Technology Act, 2000 and the rules made under it, and does not require any physical or digital signature.
1. Definitions
- Account: the registered account through which you access the Services, including any dashboard, API credentials and wallet.
- Applicable Law: all laws, rules, regulations, orders and directions applicable in India to the Services or your use of them, including the Information Technology Act, 2000; the Telecommunications Act, 2023; the Telecom Commercial Communications Customer Preference Regulations, 2018 issued by TRAI, as amended (“TCCCPR”); the Digital Personal Data Protection Act, 2023 and its rules, as in force; the Consumer Protection Act, 2019; and the Indian Contract Act, 1872.
- Content: any message, template, media, sender name, caller ID, script, list, or other material you submit or transmit through the Services.
- DLT: the Distributed Ledger Technology platforms maintained by telecom access providers for registration of entities, headers (Sender IDs), consent, and content templates under the TCCCPR.
- End Recipient: any person to whom Content is sent or who receives a call through the Services.
- Messaging Channels: Bulk SMS (promotional, transactional, service-implicit and service-explicit), OTP authentication, WhatsApp Business API, RCS Business Messaging, Voice/IVR, Verified Caller ID, Email, and any similar channel we offer.
- Third-Party Providers: telecom operators, DLT platforms, Meta Platforms, Inc. and its affiliates (“Meta”), Google LLC (“Google”), payment gateways, cloud hosting providers, and other vendors whose networks or platforms we rely on.
2. Nature of the Services
SMS Dekho is a business-to-business (B2B) communications platform. The Services are intended for businesses, institutions, government bodies and professionals acting in the course of their trade or profession, and not for personal, family or household use.
Our Services include, without limitation: Bulk SMS; OTP authentication; WhatsApp Business API and WhatsApp Commerce; RCS messaging; Voice & IVR; Verified Caller ID; Email marketing; Cloud communication APIs; Marketing automation; AI chatbot builder; CRM/ERP integrations; and election-management and political-campaign communication tools. Features may vary by plan, and we may add, modify or discontinue features with reasonable notice where practicable.
3. Eligibility and Account Registration
3.1 You must be at least 18 years old, legally capable of entering into a binding contract, and, if registering on behalf of a business, duly authorised to bind that business.
3.2 You must provide accurate, current and complete information during registration and keep it updated. We may require KYC documents (such as company incorporation certificate, PAN, GSTIN, authorised signatory ID and address proof, and proof of ownership of your brand, domain or trademarks).
3.3 You are responsible for all activity under your Account. Keep your login credentials, API keys, tokens and IP-whitelisting details confidential. Notify us immediately at sales@smsdekho.com if you suspect unauthorised use.
3.4 We may accept or reject any registration, or require additional verification, at our sole discretion and in line with regulatory requirements.
4. Regulatory Onboarding (DLT, Meta, Google)
4.1 DLT registration. To send SMS or place commercial voice calls in India you must register your entity, headers (Sender IDs), content templates and consents on the DLT platform of a telecom access provider. We may assist with this process as a service, but you remain solely responsible for the accuracy of your registration, the content of your templates, and your consent records. Fees charged by telecom operators or DLT platforms are payable by you and are non-refundable.
4.2 WhatsApp. Use of the WhatsApp Business API is subject to Meta's WhatsApp Business Terms of Service, WhatsApp Business Solution Terms, WhatsApp Business Messaging Policy, WhatsApp Commerce Policy, and Meta's template, opt-in and quality rules, as updated by Meta from time to time. Meta alone decides on business verification, display name approval, green-tick status, template approval, quality ratings, messaging limits and account restrictions. We do not control these decisions and are not liable for them.
4.3 RCS. RCS Business Messaging is subject to the policies of Google, participating carriers and device manufacturers. Brand verification, agent approval and availability depend on those parties.
4.4 We are not responsible for delays or rejections by any Third-Party Provider, regulator or operator in approving your entity, header, template, sender, agent or campaign.
5. Consent, Compliance and Your Responsibilities
You represent, warrant and undertake that:
5.1 You have obtained and will maintain valid, verifiable, prior consent from every End Recipient before sending promotional or marketing communications, and you will retain records of that consent for the period required by law or by us.
5.2 You will comply with the TCCCPR, including scrubbing against the Do-Not-Disturb / preference registers where required, sending promotional communications only within the time windows prescribed by TRAI (currently 9:00 AM to 9:00 PM), using only approved headers and templates, and honouring opt-out requests promptly.
5.3 For WhatsApp, you will send messages only to users who have opted in in accordance with Meta's policies, and will provide a clear way to opt out.
5.4 You will not use the Services for any purpose that violates Applicable Law or the rights of any person.
5.5 You are solely responsible for the legality, accuracy, and content of all Content, including its compliance with advertising, consumer-protection, financial-services, healthcare and election laws that apply to you.
5.6 For messages you send about products or services regulated by another authority (for example RBI, SEBI, IRDAI, or the Election Commission of India), you are responsible for obtaining any approvals and following any disclosure or conduct requirements those authorities impose.
6. Acceptable Use Policy
You must not, and must not permit anyone else to, use the Services to send, store or facilitate:
- Spam, unsolicited or unauthorised commercial communications, or messages sent to purchased, scraped, rented or harvested lists;
- Content that is unlawful, defamatory, obscene, pornographic, hateful, harassing, threatening, or that promotes violence, terrorism or self-harm;
- Phishing, impersonation, fraud, deceptive or misleading messages, or content that falsely suggests you are a bank, government body or other entity;
- Content related to gambling, betting, lotteries, illegal loans, cryptocurrency schemes, adult services, tobacco, drugs, weapons, or any product or service prohibited by Applicable Law or by Third-Party Provider policies;
- Malware, malicious links, or content that infringes intellectual property, privacy or publicity rights;
- Political or election communications that violate the Representation of the People Act, 1951, the Model Code of Conduct, or directions of the Election Commission of India, including messages sent during any prohibited period, or content that promotes enmity between groups;
- Attempts to bypass DLT scrubbing, route-grade classification, message-rate limits, sender approval, or any technical or security control;
- Reselling or sub-licensing the Services without our prior written consent; or
- Any act that disrupts, overloads, reverse-engineers, or compromises the Services or their security.
We may block, filter, hold or delete any Content and suspend any campaign that we believe, acting reasonably, violates this section or Applicable Law, and may report violations to regulators, operators or law enforcement.
7. Customer Data and Data Protection
7.1 As between you and us, you own your Content and your End Recipient data (“Customer Data”). You grant us a limited, non-exclusive licence to process Customer Data solely to provide, secure, support and improve the Services and to comply with law.
7.2 For personal data of End Recipients that you upload or send through the Services, you act as the data fiduciary / controller and we act as your data processor. You are responsible for having a lawful basis and valid notice and consent for our processing on your behalf. We process such data only on your documented instructions and in line with our Privacy Policy, unless the law requires otherwise.
7.3 We apply reasonable technical and organisational security measures, including encryption of data in transit, access controls and IP whitelisting options. No system is completely secure, and we do not warrant that Customer Data will never be accessed, lost or disclosed without authorisation.
7.4 You must not upload sensitive personal data (such as government identification numbers, financial account credentials, health records or biometric data) in message Content unless it is necessary for your lawful use case and you have all required consents and safeguards in place.
7.5 We may be required by telecom regulations to retain message logs, delivery reports and related records for prescribed periods and to disclose them to authorities. We may also disclose data where required by law.
8. API, Integrations and Security
8.1 Our APIs, SDKs, plugins and documentation are licensed to you on a limited, non-exclusive, non-transferable, revocable basis for your internal business use.
8.2 You will keep your API keys secret, apply rate limits and validation on your side, and promptly rotate credentials if compromised. You are responsible for messages sent through your credentials, whether or not you authorised them.
8.3 We may throttle, queue or block traffic that appears abnormal, fraudulent or harmful to our network or our carrier relationships.
9. Fees, Credits, Billing and Taxes
9.1 Fees are as set out in your quote, order form, plan page or the pricing shown in your Account. Custom enterprise pricing is confidential.
9.2 Prepaid credits. Most Services are sold on a prepaid basis. Credits are deducted when a message or call is submitted, processed or delivered as described in your plan. Credits are valid for 12 months from purchase unless your agreement states otherwise, and unused credits expire afterwards without refund, except as set out in our Refund Policy.
9.3 Third-party charges. Meta messaging charges, telecom operator and DLT charges, and similar pass-through costs are set by those parties and may change without notice. We will pass on such changes to you.
9.4 Taxes. All fees are exclusive of GST and other applicable taxes, which you must pay in addition. If you are required to deduct tax at source, you must provide the applicable certificate and pay us the grossed-up amount where the law so requires.
9.5 Invoices and postpaid accounts. Invoices are payable within the period stated on the invoice (or within 7 days if not stated). We may charge interest on overdue amounts at 1.5% per month or the maximum permitted by law, whichever is lower, and may suspend Services until dues are cleared.
9.6 Payments. Payments are processed by third-party payment gateways. We do not store your full card or bank credentials. You are responsible for any gateway or bank charges on your side.
9.7 Price changes. We may revise prices on reasonable prior notice. Revised pricing applies to purchases made after the effective date.
9.8 Chargebacks. If you initiate a chargeback or payment dispute for a legitimate charge, we may suspend your Account and recover the amount, along with related costs.
10. Delivery, Performance and Service Levels
10.1 SMS, WhatsApp, RCS, voice and email delivery depends on networks, devices and platforms outside our control. Delivery can be affected by handset status, coverage, DND and consent settings, operator filtering, template or content rejection, blocked numbers, WhatsApp quality limits, and other factors.
10.2 Delivery-rate, latency, throughput and uptime figures shown on the Website or in marketing materials (for example “99.99%” or “sub-second”) describe our targets or typical performance, not guarantees. A binding service level commitment exists only if it is expressly set out in a signed agreement or order form, together with any service credits that are your exclusive remedy for a shortfall.
10.3 Delivery reports (DLRs) are provided as received from downstream operators and platforms. We are not liable for inaccuracies or delays in reports supplied by them.
10.4 We may perform scheduled or emergency maintenance. Where practicable we will give advance notice of scheduled downtime.
11. Suspension and Termination
11.1 By you. You may stop using the Services at any time. Termination does not entitle you to a refund except as stated in the Refund Policy or your written agreement.
11.2 By us. We may suspend or terminate your Account or any Service, immediately and without prior notice, if: (a) you breach these Terms or the Acceptable Use Policy; (b) we receive a complaint, regulatory direction or operator/Meta/Google action concerning your traffic; (c) you fail to pay any amount when due; (d) we suspect fraud, illegal activity or security risk; or (e) we are required to do so by law. We may also terminate for convenience on 30 days' written notice, in which case we will refund the unused prepaid balance for the terminated Service.
11.3 On termination, your right to use the Services ends, outstanding fees become immediately payable, and we may delete Customer Data after the retention period in our Privacy Policy. Sections that by their nature should survive (including payment obligations, intellectual property, confidentiality, disclaimers, limitation of liability, indemnity and governing law) will survive.
12. Intellectual Property
12.1 We and our licensors own all rights in the Website, platform, software, APIs, designs, trademarks (including “SMS Dekho” and the SMS Dekho logo), documentation and related materials. Nothing in these Terms transfers any ownership to you.
12.2 You own your Content and Customer Data. You grant us a licence to host, transmit and process it as needed to provide the Services.
12.3 You must not copy, modify, decompile, reverse-engineer, scrape or create derivative works of the Website or Services, or use our marks without prior written permission.
12.4 If you send us feedback or suggestions, you grant us a free, perpetual, worldwide licence to use them without obligation.
12.5 With your written consent, we may name your business as a customer. You may withdraw that consent at any time by written notice.
13. Confidentiality
Each party will keep the other's non-public business, technical and pricing information confidential, use it only for the purposes of this agreement, and protect it with reasonable care. This does not apply to information that is public, independently developed, lawfully received from a third party, or required to be disclosed by law or by a court or regulator (with prompt notice where lawful).
14. Third-Party Services and Links
The Services and Website may integrate with or link to third-party platforms (including Meta, Google, CRM/ERP providers, payment gateways and analytics tools). We do not control and are not responsible for their content, availability, policies or actions. Your use of them is governed by their own terms. The Website is not endorsed by, or part of, Meta Platforms, Inc., Google LLC or any social media platform. Facebook™, Instagram™, Messenger™ and WhatsApp™ are trademarks of Meta Platforms, Inc.; YouTube™ and Google™ are trademarks of Alphabet Inc. All other trademarks are the property of their owners.
15. Testimonials, Case Studies and Results
Testimonials, case studies, statistics and performance claims on the Website (for example on engagement, conversion, support-cost reduction or delivery rates) represent particular results and are not typical. They are not a promise or guarantee that you will achieve the same results. Your outcomes depend on your implementation, audience, content, marketing efforts, consent quality and market conditions.
16. Disclaimers
16.1 To the fullest extent permitted by law, the Website and Services are provided on an “as is” and “as available” basis. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error-free operation, and that messages will be delivered, read or acted upon.
16.2 Nothing on the Website or in the Services is legal, regulatory, financial or tax advice. Any compliance assistance we provide (for example with DLT registration) is a convenience service; you remain responsible for your own compliance.
17. Limitation of Liability
17.1 To the fullest extent permitted by law, neither party is liable to the other for any indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, business, goodwill or data, arising out of or in connection with these Terms or the Services, even if advised of the possibility of such loss.
17.2 Our total aggregate liability arising out of or relating to these Terms or the Services, under any legal theory, will not exceed the fees you actually paid to us for the affected Service in the three (3) months preceding the event giving rise to the claim.
17.3 We are not liable for losses arising from acts or omissions of Third-Party Providers, regulators or operators, or from Content, consent or compliance failures on your part.
17.4 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Applicable Law, including liability for fraud or wilful misconduct.
18. Indemnification
You agree to defend, indemnify and hold harmless SMS Dekho, Deshana IT, Deshana Enterprises Pvt. Ltd., and their directors, officers, employees and agents from and against any claims, penalties, fines, losses, liabilities and expenses (including reasonable legal fees) arising from: (a) your Content or Customer Data; (b) your breach of these Terms or Applicable Law; (c) your failure to obtain valid consent; (d) any penalty, blacklisting or charge levied on us by a regulator, operator, Meta or Google because of your traffic; or (e) your infringement of any third party's rights.
19. Force Majeure
Neither party is liable for delay or failure in performance (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, riots, strikes, power or internet failure, telecom or cloud provider outages, governmental or regulatory actions, changes in law, or cyber-attacks despite reasonable safeguards.
20. Governing Law and Dispute Resolution
20.1 These Terms are governed by the laws of India.
20.2 The parties will first try to resolve any dispute by good-faith discussion for 30 days after written notice of the dispute.
20.3 If unresolved, the dispute will be finally settled by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by mutual consent (or, failing agreement, as provided by the Act). The seat and venue of arbitration will be Jaipur, Rajasthan, and the language will be English. The award is final and binding.
20.4 Subject to the above, the courts at Jaipur, Rajasthan have exclusive jurisdiction over any matter arising from these Terms, including for interim relief.
21. Notices
Notices to us must be sent to sales@smsdekho.com (with a copy by post to our Jaipur office). We may send notices to the email address or phone number on your Account, through the dashboard, or by posting on the Website. Notices are deemed received 24 hours after email is sent, or on delivery for postal notices.
22. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms with a new “Last updated” date and, for material changes, notify you by email or in your Account. Continued use of the Website or Services after the effective date means you accept the changes. If you do not agree, you must stop using the Services.
23. General
- Entire agreement. These Terms, together with your order form, quote or written agreement and the policies referenced above, are the entire agreement on their subject. If there is a conflict, a signed enterprise agreement prevails over these Terms.
- Assignment. You may not assign or transfer your rights without our written consent. We may assign these Terms to an affiliate or a successor to our business.
- Severability. If any provision is held unenforceable, the rest remains in effect.
- No waiver. Failure to enforce a right is not a waiver of it.
- Independent parties. Nothing creates a partnership, agency, joint venture or employment relationship.
- Third-party rights. No third party (including End Recipients) has any right to enforce these Terms.
- Language. In case of translation, the English version prevails.
24. Grievance Officer and Contact
In accordance with the Information Technology Act, 2000, the Consumer Protection (E-Commerce) Rules, 2020, and related rules, the name and contact details of our Grievance Officer are:
Grievance Officer: Avinash Upadhyay
Email: avinash@smsdekho.com
Address: Jaipur, Rajasthan, India
Phone: +91 92528 88777
Hours: Monday to Saturday, 10:00 AM to 6:00 PM IST
We will acknowledge complaints within 48 hours and aim to resolve them within one month of receipt.
General enquiries: sales@smsdekho.com | +91 92528 88777 | Jaipur, Rajasthan
SMS Dekho is an initiative by Deshana IT - A unit of Deshana Enterprises Pvt. Ltd.