Terms and Conditions
Last Updated: January 2025
1. Introduction and Acceptance
Welcome to IndianComponents. These Terms and Conditions ("Terms") govern your access to and use of our SMS, RCS, WhatsApp, and Email marketing services ("Services"). By accessing or using our Services, you agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use our Services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting.
2. Service Description
IndianComponents provides digital marketing solutions including:
- Bulk SMS messaging services
- RCS (Rich Communication Services) messaging
- WhatsApp Business API integration and messaging
- Email marketing campaigns
- Campaign analytics and reporting
- Automated messaging workflows
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.
3. Account Registration and Security
3.1 Account Creation
To use our Services, you must create an account by providing accurate, current, and complete information. You agree to:
- Provide truthful and accurate information
- Maintain and update your information to keep it accurate
- Maintain the security of your password and account
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities that occur under your account
3.2 Account Eligibility
You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By creating an account, you represent and warrant that you meet these requirements.
4. Acceptable Use Policy
4.1 Permitted Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You must comply with all applicable laws and regulations, including:
- TRAI's Telecom Commercial Communications Customer Preference Regulations
- DND (Do Not Disturb) registry compliance
- Anti-spam laws and regulations
- Data protection and privacy laws
- Consumer protection laws
4.2 Prohibited Activities
You agree NOT to use our Services to:
- Send unsolicited messages to recipients who have not provided consent
- Send messages to numbers registered on DND lists (except for transactional messages)
- Distribute spam, phishing attempts, or malicious content
- Send misleading, fraudulent, or deceptive messages
- Promote illegal products, services, or activities
- Violate intellectual property rights
- Harass, abuse, or harm others
- Interfere with or disrupt our Services or servers
- Attempt to gain unauthorized access to our systems
- Resell or redistribute our Services without authorization
5. Content Responsibility
5.1 Your Content
You retain ownership of all content you submit through our Services. However, you grant us a license to use, store, and transmit your content to provide our Services. You are solely responsible for:
- The accuracy and legality of your content
- Obtaining necessary permissions and consents from recipients
- Ensuring compliance with applicable laws and regulations
- Any claims arising from your content or campaigns
5.2 Content Guidelines
All content must:
- Be truthful and not misleading
- Comply with advertising standards and regulations
- Include proper opt-out mechanisms where required
- Not contain offensive, harmful, or inappropriate material
6. Pricing and Payment
6.1 Fees
You agree to pay all fees associated with your use of our Services. Pricing is available on our platform and may vary based on:
- Message volume and type (SMS, RCS, WhatsApp, Email)
- Geographic destination
- Additional features and services
6.2 Payment Terms
- We offer both prepaid and postpaid payment options
- Prepaid accounts require advance payment before sending campaigns
- Postpaid accounts may be subject to credit approval and payment terms
- All fees are non-refundable unless otherwise stated
- We reserve the right to change pricing with 30 days' notice
6.3 Taxes
All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of our Services.
7. Service Level and Delivery
7.1 Best Efforts
We will use commercially reasonable efforts to deliver your messages. However, we do not guarantee:
- 100% delivery of all messages
- Specific delivery times
- Message delivery during network outages or carrier issues
- Delivery to invalid or inactive numbers
7.2 Service Availability
We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. We may perform maintenance that temporarily affects service availability.
8. Data and Privacy
Our collection and use of personal information is governed by our Privacy Policy. By using our Services, you consent to our data practices as described in the Privacy Policy. You are responsible for:
- Complying with data protection laws when collecting recipient data
- Obtaining necessary consents from recipients
- Maintaining the security of recipient data
- Respecting recipient privacy and preferences
9. Intellectual Property
9.1 Our Rights
All rights, title, and interest in our Services, including all software, technology, designs, trademarks, and content, are owned by us or our licensors. You may not:
- Copy, modify, or create derivative works of our platform
- Reverse engineer or decompile our software
- Use our trademarks without permission
- Remove or alter any proprietary notices
9.2 Feedback
If you provide feedback or suggestions about our Services, we may use them without any obligation to you.
10. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
- WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
- OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
- WE ARE NOT RESPONSIBLE FOR THIRD-PARTY ACTIONS, INCLUDING CARRIER DELIVERY ISSUES
- WE ARE NOT LIABLE FOR CONTENT YOU SEND OR ACTIONS YOU TAKE USING OUR SERVICES
11. Indemnification
You agree to indemnify, defend, and hold harmless IndianComponents, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:
- Your use of our Services
- Your violation of these Terms
- Your violation of any laws or third-party rights
- Content you send through our Services
12. Termination
12.1 Termination by You
You may terminate your account at any time by contacting us. Upon termination, you will not be entitled to a refund of any prepaid fees.
12.2 Termination by Us
We may suspend or terminate your account immediately if:
- You violate these Terms or our Acceptable Use Policy
- You fail to pay fees when due
- We receive complaints about your use of our Services
- We are required to do so by law or regulatory authority
- We believe your activities may harm us or others
13. Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
13.2 Jurisdiction
Any disputes arising from these Terms or our Services shall be subject to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, India.
13.3 Informal Resolution
Before filing any legal action, you agree to first contact us to attempt to resolve the dispute informally.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and IndianComponents regarding our Services.
14.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
14.3 Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
14.4 Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.
14.5 Force Majeure
We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, network outages, or governmental actions.
15. Contact Information
If you have any questions about these Terms, please contact us:
IndianComponents
PLOT NO 67E, MAGANLAL CHAMBER,
BABRAO BOBDE MARG,
Chinchbunder, Mumbai,
Maharashtra - 400009
India
16. Acknowledgment
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.