Terms & Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and 1By0 Solutions ("SMSTAKE", "we", "us", or "our"), governing your access to and use of the SMSTAKE platform, website, APIs, and communication services including Bulk SMS, RCS, WhatsApp Business API, Voice (OBD/IVR), DLT registration, AI chatbots, and customised solutions across India.

By registering for an account, using our services, or accessing our APIs, you agree to these Terms. If you do not agree, do not use our services.

1. Services

SMSTAKE provides cloud communication platform services ("Services") to businesses in India, including but not limited to:

• Bulk SMS and transactional messaging via direct operator routes
• RCS Business Messaging
• WhatsApp Business API integration and management
• Voice calls, outbound dialers (OBD), and IVR solutions
• REST APIs, SDKs, webhooks, and developer tools
• TRAI DLT registration and compliance assistance
• Customised and white-label communication solutions

Service availability, features, and pricing are described on our website and in your service agreement or order form. We reserve the right to modify, suspend, or discontinue any Service with reasonable notice, except where immediate action is required for security, legal, or regulatory reasons.

2. Account Registration

• You must be at least 18 years old and authorised to bind your organisation
• You must provide accurate, complete, and current registration information
• You are responsible for maintaining the confidentiality of your account credentials and API keys
• You must notify us immediately of any unauthorised access or security breach
• One account may not be shared across multiple unrelated entities without our written consent

3. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in compliance with all applicable Indian laws and regulations, including:

• Telecom Regulatory Authority of India (TRAI) regulations and DLT guidelines
• Information Technology Act, 2000 and related rules
• WhatsApp Business Policy and Meta commerce policies (for WhatsApp services)
• Do Not Disturb (DND) registry requirements
• Consumer protection and advertising standards

Prohibited uses include:

• Sending spam, unsolicited promotional messages, or messages without valid consent
• Transmitting content that is fraudulent, defamatory, obscene, harassing, or illegal
• Phishing, impersonation, or misleading sender identification
• Sending messages without approved DLT templates (where applicable)
• Circumventing DND preferences or regulatory restrictions
• Reselling Services without an authorised reseller or white-label agreement
• Overloading, reverse-engineering, or attempting to compromise our platform

Violation of this policy may result in immediate suspension or termination of your account without refund.

4. DLT & Regulatory Compliance

For SMS and related services in India, you are responsible for ensuring your entity, sender IDs (headers), and message templates are registered on the appropriate DLT platforms. SMSTAKE assists with registration but you remain ultimately responsible for compliance. We may suspend messaging if your DLT registrations are invalid, expired, or non-compliant.

5. Fees & Payment

• Fees are as per your selected plan, order form, or customised agreement, quoted in Indian Rupees (INR) unless otherwise stated
• Prepaid credits, monthly subscriptions, and postpaid billing terms apply as per your account type
• All fees are exclusive of applicable GST and taxes unless stated otherwise
• Payments are non-refundable except as expressly stated in our refund policy or required by law
• We may suspend Services for overdue payments after reasonable notice
• Unused prepaid credits may expire as per plan terms

6. Service Level & Delivery

We target 99.99% platform uptime and high message delivery rates through direct operator connections. However, delivery depends on factors outside our control including operator networks, recipient device status, DND registration, and third-party channel policies (e.g., WhatsApp, RCS). We do not guarantee delivery of every message and are not liable for delays or failures caused by third parties.

7. Intellectual Property

SMSTAKE retains all rights to the platform, software, APIs, documentation, branding, and related intellectual property. You retain ownership of your content and data. You grant us a limited licence to process your content solely to provide the Services.

8. Data & Privacy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for obtaining valid consent from message recipients and complying with data protection obligations applicable to your use of our Services.

9. Confidentiality

Each party agrees to protect the other's confidential information and use it only for purposes related to these Terms. This obligation survives termination for three (3) years.

10. Limitation of Liability

To the maximum extent permitted by Indian law:

• SMSTAKE shall not be liable for indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claim arising from these Terms shall not exceed the fees paid by you in the twelve (12) months preceding the claim
• We are not liable for losses arising from your misuse of Services, regulatory non-compliance, or third-party actions

11. Indemnification

You agree to indemnify and hold SMSTAKE harmless from claims, damages, losses, and expenses (including legal fees) arising from your use of Services, your message content, violation of these Terms, or breach of applicable law.

12. Term & Termination

• These Terms remain in effect while you use our Services
• Either party may terminate with 30 days written notice, subject to outstanding obligations
• We may terminate or suspend immediately for breach, non-payment, legal requirement, or security risk
• Upon termination, your access ceases and unused credits may be forfeited per plan terms

13. Dispute Resolution

These Terms are governed by the laws of India. Any dispute shall first be attempted to be resolved through good-faith negotiation. Failing resolution within 30 days, disputes shall be subject to the exclusive jurisdiction of courts in Hyderabad, Telangana, India.

14. General Provisions

• Entire Agreement: These Terms, together with your order form, SLA, and Privacy Policy, constitute the entire agreement
• Severability: If any provision is unenforceable, the remainder remains in effect
• Waiver: Failure to enforce any right does not constitute a waiver
• Assignment: You may not assign these Terms without our consent; we may assign to an affiliate or successor
• Force Majeure: We are not liable for delays caused by events beyond reasonable control

15. Contact