Terms & Conditions

Last updated: December 2025

1. Agreement to terms

These Terms & Conditions ("Terms") govern your access to and use of the Express IVR platform, websites and APIs ("Services"), operated by SMS Cloud Technologies Pvt Ltd · B&B Genesis, A-12-13, First Floor, A Block, Sector 16, Noida, Uttar Pradesh 201301, India. By creating an account or using the Services, you agree to these Terms. If you are accepting on behalf of an organisation, you confirm you are authorised to bind it.

2. Definitions

• Customer / you — the organisation or person using the Services.
• End User — an individual who receives a call or message sent through the Services.
• Content — numbers, recordings, templates, messages and data you submit or generate.

3. Eligibility & account

You must be able to form a binding contract and provide accurate registration and KYC information. You are responsible for safeguarding your credentials and API keys and for all activity under your account.

4. Services & plans

Features, allowances and pricing are set out in your chosen plan or order form. Included allowances (for example, messages or call minutes) are monthly; usage beyond an allowance is billed as overage. We may add, change or deprecate features, with notice for material changes.

5. Acceptable use & telecom compliance

You are solely responsible for the content you send and the consent you hold for your End Users. You agree to comply with all applicable laws and TRAI's Telecom Commercial Communications Customer Preference Regulations, 2018 (as amended in February 2025), including:

• obtaining explicit, verifiable consent before sending promotional communications, and honouring consent withdrawal and DND preferences;
• registering your headers and content templates on the operator DLT (Distributed Ledger Technology) platform and sending only through registered, traceable sender identities;
• using designated numbering series for commercial calls, and not ordinary 10-digit numbers for telemarketing;
• not sending unsolicited commercial communication (UCC), spam, fraudulent, misleading, unlawful, or harmful content.

We may suspend or block traffic that breaches these obligations, and you remain liable for regulatory penalties arising from your use.

6. Customer responsibilities

You will keep consent and preference records, maintain accurate DLT registrations, and ensure your Content and use case are lawful. You will indemnify us for claims arising from your Content or your breach of these obligations.

7. Fees & billing

Fees are payable as set out in your plan or order form, exclusive of GST and applicable taxes. Carrier, DLT and WhatsApp conversation charges are passed through at cost. Late or failed payment may lead to suspension.

8. Data protection

Each party will comply with the Digital Personal Data Protection Act, 2023 and the DPDP Rules, 2025. Where we process personal data on your behalf, we act as a Data Processor and you as the Data Fiduciary; our processing is governed by these Terms, our Privacy Policy and, where applicable, a Data Processing Addendum.

9. Intellectual property

We retain all rights in the Services. You retain all rights in your Content and grant us the limited licence needed to provide the Services. Feedback you give us may be used without restriction.

10. Availability & support

We aim for high availability and publish platform status at our status page. Any committed service levels are set out in a separate SLA where applicable.

11. Suspension & termination

We may suspend or terminate access for breach of these Terms, non-payment, or where required by law or a regulator. You may stop using the Services at any time; fees accrued up to termination remain payable.

12. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect or consequential loss, and our aggregate liability is limited to the fees paid by you for the Services in the 12 months preceding the claim. Nothing limits liability that cannot be excluded by law.

13. Governing law & disputes

These Terms are governed by the laws of India. Subject to any arbitration agreement, the courts at Noida / Gautam Buddh Nagar, Uttar Pradesh, will have jurisdiction.

14. Changes & contact

We may update these Terms from time to time; continued use after changes constitutes acceptance. Questions? Contact [email protected].