Our Terms and Conditions

SMSGatewayCenter's Terms and Conditions

Last Updated on Thursday, June 12, 2025 21:25:36

The following Terms and Conditions govern your use of Messaging Services (including SMS and WhatsApp Business API) provided by SMSGatewayCenter. By accessing or using our Messaging Services, you agree to comply with these terms, all applicable laws, and industry regulations, including but not limited to the Telecom Regulatory Authority of India (TRAI) guidelines and WhatsApp's Business Terms of Service. Please read these terms carefully.

General Terms for All Messaging Services

1. Acceptance of Terms

By using SMSGatewayCenter's Messaging and Voice Call (OBD) Services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. Additionally, by registering online or offline with SMSGatewayCenter and/or by making or issuing payment for any of our services, you explicitly agree to all the terms and conditions outlined herein. If you do not agree, you must refrain from using our services.

2. Governing Law

These terms are governed by the laws of India. Any disputes arising from your use of our Messaging Services will be subject to the exclusive jurisdiction of the courts in Mumbai, India.

3. Refund Policy

SMSGatewayCenter strongly recommends testing our SMS, WhatsApp Business API, and Voice Call (OBD) Services before entering into a business relationship with us. The following refund policy applies:

Non-Refundable by Default: We do not offer refunds for any payments made for our services (including SMS credits, WhatsApp Business API charges, or Voice Call (OBD) charges) at any stage or under any condition once the transaction is completed, unless explicitly agreed upon by SMSGatewayCenter.
Agreed Refunds: In cases where a refund is agreed upon, the request must be submitted via email (to the email address registered with SMSGatewayCenter) or by regular post. The refund process will take 60 to 90 days from the date of receipt of the request, but not longer than 90 days.
Deductions from Refundable Amount: If a refund is processed, the following charges will be deducted:
- Monthly fees on a pro-rata basis (if applicable).
- SMS, WhatsApp conversation, or OBD call charges incurred.
- A 15% processing fee on the refundable amount.
  Refunds will be processed in Indian Rupees (INR) and credited to the original payment method, subject to the above deductions.

4. Disclaimer

The information provided on the SMSGatewayCenter website, operated by SMSGatewayCenter, a unit of Popular SoftTech and Marketing Pvt Ltd., is for general informational purposes only. While we strive to ensure the information is accurate and up-to-date, we make no representations or warranties of any kind—express or implied—regarding the completeness, accuracy, reliability, suitability, or availability of the website, or the information, products, services, or related graphics contained therein. Any reliance you place on such information is at your own risk.

Limitation of Liability: SMSGatewayCenter, a unit of Popular SoftTech and Marketing Pvt Ltd., will not be liable for any loss or damage, including but not limited to indirect or consequential loss, or any loss or damage arising from loss of data or profits, resulting from or in connection with the use of this website or our services (SMS, WhatsApp Business API, or Voice Call (OBD)).
Third-Party Links: Our website may contain links to third-party websites not under the control of SMSGatewayCenter, a unit of Popular SoftTech and Marketing Pvt Ltd. We have no control over the nature, content, or availability of those sites. The inclusion of any links does not imply a recommendation or endorsement of the views expressed within them.
Website Availability: We make every effort to keep the website operational and running smoothly. However, SMSGatewayCenter, a unit of Popular SoftTech and Marketing Pvt Ltd., assumes no responsibility and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

5. System and Network Security

Violations of system or network security are strictly prohibited and may result in criminal and civil liability. SMSGatewayCenter, a unit of Popular SoftTech and Marketing Pvt Ltd., will investigate any incidents involving such violations and will cooperate with law enforcement agencies if a criminal violation is suspected. Prohibited actions that constitute system or network security violations include, but are not limited to:

Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without the express authorization of the system or network owner.
Unauthorized monitoring of data or traffic on any network or system without the express authorization of the system or network owner.
Interference with service to any user, host, or network, including but not limited to mail-bombing, flooding, deliberate attempts to overload a system, or broadcast attacks.
Forgery of any identification or obscuring of hostnames, usernames, IP addresses, or any message header information in any data.
Transmitting harassing, threatening, or abusive content via SMS, WhatsApp Business API, or Voice Call (OBD) Services.
Probing for means of gaining unauthorized access to computers or networks.
Introducing or causing the introduction of any computer contaminant, virus, or malicious code into SMSGatewayCenter's systems or networks.
Introducing or causing the introduction of prohibited content, such as pornography, via SMS, WhatsApp messages, or OBD calls.
Any violation of this policy may result in immediate suspension or termination of your account, in addition to potential legal consequences.

6. Subscriber Conduct

You agree to use SMSGatewayCenter's SMS, WhatsApp Business API, and Voice Call (OBD) Services solely for lawful purposes. You are prohibited from posting, transmitting, or distributing any material through our services that:

Violates or infringes upon the rights of others, including but not limited to privacy, publicity, or intellectual property rights.
Is unlawful, threatening, abusive, defamatory, vulgar, obscene, profane, or otherwise objectionable.
Encourages conduct that would constitute a criminal offense, give rise to civil liability, or violate any applicable law or regulation.
Contains advertising, solicitations, or promotional content without SMSGatewayCenter's express prior written approval, including solicitations to become subscribers of other online services competitive with SMSGatewayCenter.
Additionally, you must not engage in any conduct that, at SMSGatewayCenter's discretion, restricts or inhibits other users from using or enjoying our services. This includes, but is not limited to, using our services for unauthorized commercial solicitations or activities that disrupt service functionality. Violations of this policy may result in immediate suspension or termination of your account.

7. Illegal Use

SMSGatewayCenter's services may only be used for lawful purposes. You are prohibited from transmitting, distributing, or storing any material through our services that violates any applicable law or regulation. This includes, but is not limited to:

Material protected by copyright, trademark, trade secret, or other intellectual property rights without proper authorization.
Material that is obscene, defamatory, constitutes an illegal threat, violates export control laws, or is deemed anti-national under applicable laws.
Any such illegal use is strictly prohibited and may result in immediate suspension or termination of your account, in addition to potential legal consequences. SMSGatewayCenter reserves the right to cooperate with law enforcement agencies in investigating suspected violations.

8. Indemnification

You agree to defend, indemnify, and hold harmless SMSGatewayCenter, a unit of Popular SoftTech and Marketing Pvt Ltd., its affiliates, and their respective directors, officers, employees, and agents from and against all claims, damages, losses, liabilities, and expenses, including reasonable attorney's fees, arising out of or in connection with your use of SMSGatewayCenter's SMS, WhatsApp Business API, or Voice Call (OBD) Services, or the use of these services by any third party through your account. This indemnification obligation includes, but is not limited to, claims related to violations of these Terms and Conditions, applicable laws, or the rights of any third party.

9. Modifications to Terms

SMSGatewayCenter may update these Terms and Conditions at any time without prior notice, unless required by law. Changes will take effect upon posting on this page. By continuing to use our Messaging Services after such updates, you agree to the revised terms. You are encouraged to review this page periodically for the latest terms.

10. Contact Information

For any questions or assistance regarding our Messaging Services, please reach out to our support team at contact @ smsgatewaycenter[at]com or call +91-22-2865-7726.

Terms and Conditions for SMS Services

1. SMS Pricing, Cost Policy, and Adjustments

SMSGatewayCenter provides SMS services on a prepaid basis, with pricing determined by message type (e.g., transactional, promotional), destination country, and operator charges. We reserve the right to adjust SMS pricing due to changes in operator fees, regulatory requirements, or market conditions. Any such changes will be reflected in your account dashboard, and continued use of the SMS services constitutes acceptance of the updated pricing. Charges for SMS messages will be deducted from your wallet balance, and you are responsible for maintaining sufficient funds to avoid service interruptions.

Charges per SMS: You agree to pay the agreed amount per SMS, plus applicable taxes (currently 18% GST), for messages sent anywhere within India via SMSGatewayCenter's Short Message Service Center (SMSC).
Billing on Delivery: SMSGatewayCenter will charge for all SMS routed through its SMSC, based on delivery as per SMSC reports and Call Detail Records (CDRs), regardless of delays, incomplete messages, or non-delivery to the recipient's mobile phone due to technical reasons. If the operator does not provide a final delivery report, SMSGatewayCenter will mark such pending deliveries as successful for billing purposes.
Billing Process: Bills will be raised at the time of credit purchase, with the number of Mobile Terminated (MT) SMS submitted by you counted for settlement. The bill generated by SMSGatewayCenter will serve as conclusive proof of SMS sent, subject to mutual resolution if you identify and present any anomalies with supporting statistics.
Payment Terms: You agree to make immediate payment in Indian Rupees (INR) upon receiving the bill from SMSGatewayCenter.
Tariff Changes: SMSGatewayCenter reserves the right to adjust SMS pricing due to changes in operator fees (e.g., Interconnect Usage Charges for inter-operator termination), regulatory requirements, or market conditions. Any change in tariff will be notified to you, and continued use of the SMS services constitutes acceptance of the updated pricing.
Service Validity: Registered users must consume SMS services within the validity period specified by SMSGatewayCenter, which will not exceed one year from the date of placing a confirmed order against payment. Unconsumed services will lapse after the validity period.
Usage Restrictions:
- Bulk SMS must be sent only to national customers within India.
- SMS sending is permitted between 9:00 AM and 9:00 PM IST, except for time-critical messages (e.g., OTPs), which will be delivered without delay.
- You must specify the nature of content and primary applications for your SMS campaigns.
- No unsolicited or objectionable messages are permitted, and you are responsible for ensuring compliance with these restrictions.
Non-Liability for Technical Issues: SMSGatewayCenter is not responsible for delays, incomplete messages, or non-delivery of SMS due to technical reasons, nor for any resulting claims from you or third parties.
Charges for SMS messages will be deducted from your wallet balance, and you are responsible for maintaining sufficient funds to avoid service interruptions.

2. Compliance with Regulatory and Operator Policies

You are responsible for ensuring that your use of SMS services complies with all applicable laws, regulations, and operator policies, including:

TRAI DLT Compliance (India): Register all Sender IDs, headers, and message templates on the Distributed Ledger Technology (DLT) platform as required by TRAI. Promotional messages must adhere to DND (Do Not Disturb) regulations.
Content Restrictions: Refrain from sending illegal, fraudulent, or unsolicited content, including spam, phishing attempts, or messages promoting prohibited items (e.g., gambling, adult content).
Consent Requirements: Obtain explicit opt-in consent from recipients before sending promotional SMS messages, and provide clear opt-out mechanisms (e.g., "Reply STOP to unsubscribe").
SMSGatewayCenter reserves the right to suspend or terminate your account if we detect non-compliance, such as excessive DND violations, operator complaints, or legal violations.

3. Sender ID and Message Content

You must use only registered and approved Sender IDs for sending SMS messages. SMSGatewayCenter is not responsible for delays or rejections in Sender ID registration due to incomplete or inaccurate submissions on the DLT platform.
You are responsible for the accuracy and legality of message content. SMSGatewayCenter does not monitor or modify message content but may block messages flagged by operators or regulators for non-compliance.
For transactional messages, you must ensure the content qualifies as transactional (e.g., order confirmations, OTPs) under TRAI guidelines to avoid DND restrictions.

4. SMS Delivery and Reporting

SMSGatewayCenter strives to ensure high delivery rates but does not guarantee delivery due to factors beyond our control, such as operator restrictions, recipient device settings, or network issues.
Delivery reports provided in your dashboard are based on operator feedback and may not reflect actual receipt by the end user (e.g., if a device is offline).
You are responsible for monitoring delivery reports and addressing any issues, such as updating routing rules if messages fail due to operator blocks.

5. Usage Limits and Fair Use Policy

SMSGatewayCenter imposes usage limits to ensure fair usage and system stability. These limits may include maximum message volumes per day or restrictions on burst sending during peak hours.
Excessive usage that impacts system performance (e.g., sending high volumes without prior coordination) may result in temporary throttling or suspension of your account.
For high-volume campaigns, you must notify SMSGatewayCenter in advance to ensure adequate capacity and avoid disruptions.

6. Payment and Billing for SMS Services

SMS services are prepaid, and you must maintain a sufficient wallet balance to cover message charges, which vary by destination, message type, and operator.
Charges for SMS messages are calculated based on message segments (e.g., a message exceeding 160 characters may count as multiple segments). You are responsible for understanding how message length impacts costs.
Refunds will not be provided for messages that fail to deliver due to user error (e.g., incorrect numbers, non-compliant content) or external factors (e.g., DND settings, operator blocks).

7. Data Security and Privacy

You are responsible for ensuring that recipient data (e.g., phone numbers) is collected and used in compliance with applicable data protection laws, such as India's Digital Personal Data Protection (DPDP) Act and the GDPR (if applicable).
SMSGatewayCenter does not store message content after delivery but may log metadata (e.g., phone numbers, timestamps) for reporting and compliance purposes, as required by law.
You must not use SMS services to collect or transmit sensitive personal data (e.g., financial details, health information) without proper encryption and user consent.

8. Account Suspension and Termination

SMSGatewayCenter reserves the right to suspend or terminate your SMS services if:
You fail to maintain sufficient wallet balance for message charges.
Your account violates TRAI, operator, or SMSGatewayCenter policies (e.g., sending spam, DND violations).
You engage in fraudulent or illegal activities, such as impersonation or phishing via SMS.
Additionally, SMSGatewayCenter, a unit of Popular SoftTech and Marketing Pvt Ltd., reserves the right to terminate your account at any time without notice or liability if we determine that you have violated any of these Terms and Conditions.
Upon termination, any remaining wallet balance may be forfeited, and you will not be able to send SMS messages until the account is reinstated.

9. Limitation of Liability

SMSGatewayCenter is not liable for any financial losses, reputational damage, or other consequences resulting from SMS delivery failures due to external factors (e.g., operator blocks, network outages).
We are not responsible for penalties or fines imposed by regulators (e.g., TRAI) due to your non-compliance with SMS regulations.
Our liability is limited to the amount paid for SMS services in the preceding 30 days, excluding indirect or consequential damages.

10. Customer Responsibilities

You must ensure that all phone numbers in your contact list are accurate and belong to recipients who have consented to receive SMS messages from you.
You are responsible for maintaining up-to-date DLT registrations for all Sender IDs and templates used in your campaigns.
You must respond promptly to any compliance requests from SMSGatewayCenter or operators, such as providing proof of user consent or DLT registration.

Terms and Conditions for WhatsApp Business API Services

1. WhatsApp Messaging Charges and Adjustments

Meta (formerly Facebook) may periodically revise its pricing structure for WhatsApp Business messaging based on message categories or other policy updates. Any such changes implemented by Meta that result in additional charges on your WhatsApp Business Account (WABA) will be automatically applied and deducted from your wallet balance. As these changes are governed by Meta and may occur without prior notice, the client agrees to accept such adjustments as part of the ongoing service terms.

Charges per Conversation: You agree to pay the applicable charges per conversation (User-Initiated Conversations or Business-Initiated Conversations), plus taxes (currently 18% GST), for messages sent via SMSGatewayCenter's WhatsApp Business API integration, as per Meta's pricing structure.
Billing on Delivery: SMSGatewayCenter will charge for all conversations routed through the WhatsApp Business API, based on delivery as per Meta's reports, regardless of delays, incomplete messages, or non-delivery to the recipient's device due to technical reasons. If Meta does not provide a final delivery report, SMSGatewayCenter will mark such pending deliveries as successful for billing purposes.
Billing Process: Bills will be raised at the time of credit purchase, with the number of conversations initiated by you counted for settlement. The bill generated by SMSGatewayCenter will serve as conclusive proof of conversations charged, subject to mutual resolution if you identify and present any anomalies with supporting statistics.
Payment Terms: You agree to make immediate payment in Indian Rupees (INR) upon receiving the bill from SMSGatewayCenter.
Tariff Changes: Meta may periodically revise its pricing structure for WhatsApp Business messaging based on message categories or other policy updates. Any such changes implemented by Meta that result in additional charges on your WhatsApp Business Account (WABA) will be automatically applied, and SMSGatewayCenter will notify you of these adjustments. Continued use of the WhatsApp Business API services constitutes acceptance of the updated pricing.
Service Validity: Registered users must consume WhatsApp Business API services within the validity period specified by SMSGatewayCenter, which will not exceed one year from the date of placing a confirmed order against payment. Unconsumed services will lapse after the validity period.
Usage Restrictions:
- Messages must comply with WhatsApp’s policies, using only pre-approved templates for business-initiated conversations (BICs).
- No unsolicited or objectionable messages are permitted, and you are responsible for ensuring compliance with these restrictions.
Additional Charges: Additional agents beyond the base subscription will incur extra charges (e.g., INR 800 per month per agent), and you will be notified of such charges before they are applied.
Non-Liability for Technical Issues: SMSGatewayCenter is not responsible for delays, incomplete messages, or non-delivery of WhatsApp messages due to technical reasons, nor for any resulting claims from you or third parties.
Charges for WhatsApp conversations will be deducted from your wallet balance, and you are responsible for maintaining sufficient funds to avoid service interruptions.

2. Compliance with WhatsApp Policies

You are responsible for ensuring that your use of the WhatsApp Business API complies with WhatsApp’s Business Terms of Service, Commerce Policy, and other applicable policies, as updated by Meta from time to time. This includes, but is not limited to:

Using only pre-approved message templates for business-initiated conversations (BICs).
Obtaining explicit opt-in consent from users before sending messages.
Refraining from sending spam, unsolicited messages, or content that violates WhatsApp’s guidelines (e.g., promotional content in unapproved templates, offensive material).
SMSGatewayCenter reserves the right to suspend or terminate your access to the WhatsApp Business API if WhatsApp notifies us of non-compliance or if your account receives excessive user blocks or reports.

3. User-Initiated and Business-Initiated Conversations

User-Initiated Conversations (UICs): You may send free-form messages within a 24-hour window after a user initiates contact. Beyond this window, any message sent will be classified as a business-initiated conversation (BIC) and must use a pre-approved template, subject to applicable charges.
Business-Initiated Conversations (BICs): All BICs require a pre-approved message template and are subject to WhatsApp’s per-message pricing. You are responsible for ensuring templates are approved before use and for managing associated costs.

4. Account Setup and Verification

To use the WhatsApp Business API through SMSGatewayCenter, you must:

Provide accurate and up-to-date business information during account setup, including a valid phone number not previously linked to a WhatsApp Business App or personal WhatsApp account.
Complete the Facebook Business Verification process, submitting required documents (e.g., Certificate of Incorporation, Business License) to verify your legal business name, address, and phone number.
Approve SMSGatewayCenter’s account in your Facebook Business Manager to enable WhatsApp Business API services.
SMSGatewayCenter is not responsible for delays or rejections in the verification process due to incomplete or inaccurate information provided by you.

5. Data Security and Privacy

You are responsible for maintaining the security of your WhatsApp Business Account credentials and ensuring that only authorized individuals access the account.
SMSGatewayCenter uses end-to-end encryption for messages sent via the WhatsApp Business API, but you must comply with all applicable data protection laws (e.g., GDPR, India’s DPDP Act) when handling user data.
You must not misuse user data, violate user privacy, or share data obtained through the WhatsApp Business API with third parties without explicit consent, as this may result in account suspension by WhatsApp.

6. Messaging Limits and Quality Ratings

WhatsApp imposes messaging limits based on your account’s tier (e.g., Tier 1 allows messages to 1,000 unique contacts in a 24-hour period). You are responsible for monitoring your tier and ensuring compliance with these limits.
Your account’s quality rating, determined by user feedback (e.g., blocks, reports), may affect your messaging limits. A low quality rating may lead to downgrading of your tier or account suspension by WhatsApp.
SMSGatewayCenter will provide guidance to improve your quality rating but is not liable for restrictions imposed by WhatsApp due to user feedback or policy violations.

7. Payment and Billing

All WhatsApp Business API services are prepaid. You must maintain sufficient balance in your wallet to cover conversation charges (UICs and BICs), which vary by user country and message category (e.g., marketing, utility, authentication).
SMSGatewayCenter does not store credit card or bank account details on our platform. Payments are processed securely through third-party payment gateways.
Additional agents beyond the base subscription will incur extra charges (e.g., INR 800 per month per agent). You will be notified of such charges before they are applied.

8. Service Suspension and Termination

SMSGatewayCenter reserves the right to suspend or terminate your access to the WhatsApp Business API if:
You fail to make timely payments for services.
Your account violates WhatsApp’s policies, resulting in a ban or restriction by WhatsApp.
You engage in fraudulent activities, such as impersonation, phishing, or unauthorized use of the API.
Additionally, SMSGatewayCenter, a unit of Popular SoftTech and Marketing Pvt Ltd., reserves the right to terminate your account at any time without notice or liability if we determine that you have violated any of these Terms and Conditions.
If your account is terminated by WhatsApp for policy violations, SMSGatewayCenter may prohibit you from creating a new WhatsApp Business API account through our platform.

9. Limitation of Liability

SMSGatewayCenter is not responsible for interruptions or limitations in WhatsApp Business API services due to changes in Meta’s policies, technical configurations, or service disruptions beyond our control.
We are not liable for any financial losses, reputational damage, or other consequences resulting from WhatsApp banning or restricting your account due to non-compliance with their policies.

10. Customer Responsibilities

You must maintain an up-to-date WhatsApp Business profile with accurate customer support contact information (e.g., email address, website, phone number).
You are responsible for securing all necessary user consents and maintaining a published privacy policy that complies with applicable laws.
You must provide prompt escalation paths to human agents when using automation, ensuring users can easily reach a live agent if needed.

11. No Guarantee of Delivery

Message delivery on WhatsApp is dependent on factors outside SMSGatewayCenter’s control, including recipient device availability, internet connectivity, and WhatsApp server uptime. No delivery guarantees are provided.

12. Opt-In and Consent

Clients must ensure that end-users have explicitly opted in to receive messages via WhatsApp, in compliance with applicable laws and Meta’s policies. SMSGatewayCenter does not verify opt-in status and disclaims any liability for unsolicited messages sent by the client.

13. Message Template Compliance

All message templates submitted for use via the WhatsApp Business API must adhere to Meta’s guidelines and approval process. The client is responsible for the content, formatting, and legal compliance of all message templates. SMSGatewayCenter is not responsible for template rejections, nor for any delays caused due to compliance issues.

WhatsApp is a product of Meta Platforms, Inc. SMSGatewayCenter is a badged partner of Meta, authorized to facilitate access to the WhatsApp Business API under Meta’s official partnership and integration agreements. While SMSGatewayCenter provides integration and support for the WhatsApp Business API, we are not directly affiliated with Meta beyond this partnership and do not control WhatsApp’s policies, pricing, or service operations.

Terms and Conditions for Voice Call Services

1. Voice Call (OBD) Service Pricing and Adjustments

SMSGatewayCenter provides Voice Call (OBD) Services on a prepaid basis, with pricing determined by call type (e.g., domestic, international), duration, and destination. We reserve the right to adjust pricing due to changes in operator fees, regulatory requirements, or market conditions. Any such changes will be reflected in your account dashboard, and continued use of the Voice Call (OBD) Services constitutes acceptance of the updated pricing. Charges for voice calls will be deducted from your wallet balance, and you are responsible for maintaining sufficient funds to avoid service interruptions. Calls are billed only on answered calls, and units will be carried forward if renewed within the due date.

Charges per Call: You agree to pay the applicable charges per answered OBD call, plus taxes (currently 18% GST), for voice calls initiated via SMSGatewayCenter’s Outbound Dialing (OBD) platform across India.
Billing on Answered Calls: SMSGatewayCenter will charge only for answered OBD calls, as per call detail reports, regardless of delays, incomplete calls, or non-answered calls due to technical reasons, recipient unavailability, or DND filtering. If the operator does not provide a final delivery report, SMSGatewayCenter will mark such pending calls as successful for billing purposes. Units will be carried forward if renewed within the due date.
Billing Process: Bills will be raised at the time of credit purchase, with the number of answered OBD calls counted for settlement. The bill generated by SMSGatewayCenter will serve as conclusive proof of calls charged, subject to mutual resolution if you identify and present any anomalies with supporting statistics.
Payment Terms: You agree to make immediate payment in Indian Rupees (INR) upon receiving the bill from SMSGatewayCenter.
Tariff Changes: SMSGatewayCenter reserves the right to adjust OBD call pricing due to changes in operator fees, regulatory requirements, or market conditions. Any change in tariff will be notified to you, and continued use of the Voice Call (OBD) Services constitutes acceptance of the updated pricing.
Service Validity: Registered users must consume Voice Call (OBD) Services within the validity period specified by SMSGatewayCenter, which will not exceed one year from the date of placing a confirmed order against payment. Unconsumed services will lapse after the validity period.
Usage Restrictions:
- OBD calls must be sent only to national customers within India.
- OBD calls for promotional purposes are permitted between 9:00 AM and 9:00 PM IST, except for time-critical messages (e.g., OTPs), which will be delivered without delay.
- You must specify the nature of content (pre-recorded or Text-to-Speech) and primary applications for your OBD campaigns.
- No unsolicited or objectionable OBD calls are permitted, and you are responsible for ensuring compliance with these restrictions.
Additional Charges: Features such as Text-to-Speech (TTS) for automated voice messages (e.g., OTPs) may incur additional charges, and you will be notified of such charges before they are applied.
Non-Liability for Technical Issues: SMSGatewayCenter is not responsible for delays, incomplete calls, or non-answered calls due to technical reasons, DND filtering, or recipient unavailability, nor for any resulting claims from you or third parties.
Charges for OBD calls will be deducted from your wallet balance, and you are responsible for maintaining sufficient funds to avoid service interruptions.

2. Compliance with Regulatory and Operator Policies

You are responsible for ensuring that your use of Voice Call (OBD) Services complies with all applicable laws, regulations, and operator policies, including:

TRAI Compliance (India): Adhere to TRAI regulations, including obtaining necessary permissions for automated or bulk OBD voice calls and complying with DND (Do Not Disturb) preferences of recipients. SMSGatewayCenter automatically filters DND numbers for marketing routes, but you are responsible for ensuring compliance with TRAI guidelines.
Content Restrictions: Refrain from using Voice Call (OBD) Services for illegal, fraudulent, or unsolicited purposes, including robocalls, phishing attempts, or calls promoting prohibited items (e.g., gambling, adult content).
Consent Requirements: Obtain explicit opt-in consent from recipients before initiating OBD voice calls, especially for promotional or automated calls, and provide clear opt-out mechanisms (e.g., “Press 9 to unsubscribe”).
SMSGatewayCenter reserves the right to suspend or terminate your access to Voice Call (OBD) Services if we detect non-compliance, such as excessive DND violations, operator complaints, or legal violations.

3. Emergency Calling Limitations

Voice Call (OBD) Services provided by SMSGatewayCenter are Voice over Internet Protocol (VoIP)-based and are not designed to support emergency calling (e.g., 112 in India) in the same way as traditional telephone services. You acknowledge that:

Emergency calls may not connect to the nearest Public Safety Answering Point (PSAP) or may fail due to internet connectivity issues, power outages, or incorrect location data.
You must maintain an alternative means (e.g., a traditional landline or mobile phone) to place emergency calls at all times.
SMSGatewayCenter is not liable for any inability to connect to emergency services or for any consequences arising from such inability.

4. Call Recording and Privacy

Voice Call (OBD) Services may include a call recording feature for quality assurance and compliance purposes. You are responsible for complying with all applicable laws regarding call recording, including obtaining consent from all parties before recording calls (e.g., under India’s Information Technology Act).
SMSGatewayCenter may store recordings for a limited period (e.g., 30 days) for auditing and training purposes. You are responsible for informing call participants if recording is enabled.
You must not use recorded calls to collect or share sensitive personal data without proper consent, as this may result in account suspension.

5. Audio Content for OBD Calls

For pre-recorded messages, you must provide the voice clips to be used in your OBD campaigns. SMSGatewayCenter also offers a Text-to-Speech (TTS) feature to convert text messages into automated voice messages, suitable for transactional alerts like OTPs.
You are responsible for the accuracy, legality, and appropriateness of the audio content (whether pre-recorded or TTS-generated). SMSGatewayCenter does not monitor or modify audio content but may block calls flagged by operators or regulators for non-compliance.

6. Service Availability and Quality

Voice Call (OBD) Services require a stable internet connection and compatible infrastructure. SMSGatewayCenter does not guarantee uninterrupted or error-free service, as call quality may be affected by factors beyond our control, such as internet connectivity, power outages, or network congestion.
Services may be temporarily unavailable during maintenance, upgrades, or due to external factors like regulatory restrictions or third-party network issues. SMSGatewayCenter will use commercially reasonable efforts to minimize disruptions and ensure high delivery rates through features like auto re-dialing for unsuccessful calls.

7. Usage Limits and Fair Use Policy

SMSGatewayCenter imposes usage limits to ensure fair usage and system stability, such as maximum call volumes per day or restrictions on concurrent calls.
Excessive usage (e.g., initiating high volumes of automated calls without prior coordination) may result in temporary throttling or suspension of your account.
For high-volume voice campaigns, you must notify SMSGatewayCenter in advance to ensure adequate capacity and avoid disruptions.

8. Payment and Billing for Voice Call Services

Voice Call Services are prepaid, and you must maintain a sufficient wallet balance to cover call charges, which vary by destination, call type, and duration.
Charges are calculated based on call duration, billed in one-minute increments unless otherwise specified. You are responsible for understanding how call duration impacts costs.
Refunds will not be provided for calls that fail to connect due to user error (e.g., incorrect numbers, non-compliant content) or external factors (e.g., recipient unavailability, network issues).

9. Data Security and Privacy

You are responsible for ensuring that recipient data (e.g., phone numbers) is collected and used in compliance with applicable data protection laws, such as India’s DPDP Act and the GDPR (if applicable).
SMSGatewayCenter may log call metadata (e.g., phone numbers, call duration, timestamps) for reporting and compliance purposes, as required by law. Call content is not stored unless the call recording feature is enabled.
You must not use Voice Call Services to collect or transmit sensitive personal data without proper encryption and user consent.

10. Account Suspension and Termination

SMSGatewayCenter reserves the right to suspend or terminate your Voice Call Services if:
- You fail to maintain sufficient wallet balance for call charges.
- Your account violates TRAI, operator, or SMSGatewayCenter policies (e.g., sending unsolicited calls, DND violations).
- You engage in fraudulent or illegal activities, such as impersonation or phishing via voice calls.
Additionally, SMSGatewayCenter, a unit of Popular SoftTech and Marketing Pvt Ltd., reserves the right to terminate your account at any time without notice or liability if we determine that you have violated any of these Terms and Conditions.
Upon termination, any remaining wallet balance may be forfeited, and you will not be able to use Voice Call Services until the account is reinstated.

11. Limitation of Liability

SMSGatewayCenter is not liable for any financial losses, reputational damage, or other consequences resulting from call failures due to external factors (e.g., internet disruptions, network outages).
We are not responsible for penalties or fines imposed by regulators (e.g., TRAI) due to your non-compliance with voice call regulations.
Our liability is limited to the amount paid for Voice Call Services in the preceding 30 days, excluding indirect or consequential damages.

12. Customer Responsibilities

You must ensure that all phone numbers in your contact list are accurate and belong to recipients who have consented to receive voice calls from you.
You are responsible for maintaining up-to-date regulatory permissions (e.g., TRAI approvals) for automated or promotional voice calls.
You must respond promptly to any compliance requests from SMSGatewayCenter or operators, such as providing proof of user consent or regulatory approvals.

Changelog for Terms and Conditions

May 30, 2025:

Consolidated SMS and WhatsApp Business API terms into a single “Messaging Services” section, added General Terms, and updated contact information format.
Added Terms and Conditions for Voice Call Services under the unified “Messaging and Voice Call Services” section, specifying Outbound Dialing (OBD) Services and clarifying related terms.
Updated SMS Services section with a detailed Cost Policy, refining pricing, billing, and usage terms for clarity and compliance.
Added Cost Policy subsections for WhatsApp Business API and Voice Call (OBD) Services, including a clause on marking pending deliveries as successful if final delivery reports are not received from operators or Meta, ensuring consistent pricing and billing terms across all services.
Added the following subsections under General Terms:
- Refund Policy, applicable to SMS, WhatsApp Business API, and Voice Call (OBD) Services.
- Disclaimer, outlining liability limitations, third-party link disclaimers, and website availability terms.
- System and Network Security, outlining prohibited actions and cooperation with law enforcement.
- Subscriber Conduct, Illegal Use, and Indemnification, to outline user responsibilities, prohibit illegal activities, and establish legal protections for SMSGatewayCenter.
Updated the Acceptance of Terms subsection to include explicit agreement to the Terms and Conditions upon registration or payment for SMSGatewayCenter services.
Updated the Modifications to Terms subsection to include the right to modify policies and added a termination clause to the Account Suspension and Termination subsections for SMS, WhatsApp Business API, and Voice Call (OBD) Services.