Legal Information

These Terms of Service (ToS) constitute a legal agreement between REACHSMS , hereinafter referred to as “REACHSMS,” which term shall, unless repugnant to the context or meaning thereof, include all its affiliates, subsidiaries, successors, and permitted assigns) and any User (whether registered or not) who accesses, browses, or uses any of the services provided through this website (Site). The term User refers to any individual, corporation, partnership, limited liability company, trust, joint stock company, business, limited liability partnership, Hindu undivided family, joint venture, governmental authority, or any other entity.

These ToS shall be read together with all amendments, additional terms, Privacy Policy, and any other policies or agreements governing the services provided by REACHSMS (collectively referred to as Service Agreements).

1.REGISTRATION

Upon successful registration and completion of applicable formalities/payments (Registration), the User may access and use the paid services on the Site, including APIs and the platform (collectively referred to as Services). Registration signifies acceptance of these Terms of Service (ToS), additional terms, and the Privacy Policy, as updated from time to time, including applicable payment terms.

The User hereby declares and agrees that:

1. All information provided during Registration, including personal details, is true, accurate, and complete, and the User shall ensure that such information remains current and valid at all times.
2. The User shall update registration data as necessary to maintain accuracy and completeness.
3. The User represents that they are of legal age (if an individual) and have the legal capacity to enter into a binding contract with REACHSMS. The User is not barred from receiving services under the laws of India or any other applicable jurisdiction.

All personal information provided during Registration will be handled in accordance with the Privacy Policy applicable at the time.

Upon Registration, the User will be assigned a User Account, including a username and password. The User shall be solely responsible for all activities conducted through their User Account. Access to the Services depends on verification of the correct username and password, and the User acknowledges their responsibility for maintaining the confidentiality of their login credentials. The User accepts full liability for any unauthorized use or misuse of their User Account and the Site by third parties. Any suspected unauthorized access, security breach, or misuse must be reported to REACHSMS immediately. REACHSMS shall not be liable for fraudulent activity conducted through the User’s account.

The User acknowledges that any credits granted free of charge by REACHSMS during Registration or at any other time shall be subject to all terms and conditions outlined in the ToS and other Service Agreements.

2.USAGE

1. General Conditions of Service

 General Terms

• The User acknowledges that the Services provided by REACHSMS are restricted to recipients within India.
• REACHSMS reserves the right to suspend or terminate the User’s access to the Services, deactivate the User’s account, or block content distribution at its sole discretion, without prior notice or explanation.
• REACHSMS serves as a facilitator for the Services and bears no liability for the User’s content or its consequences.
• REACHSMS reserves the right to modify, refuse, or restrict Services for any User without prior notice and shall not be held liable for such actions.
• Any modifications to the Services, including feature changes or new services, will be governed by these ToS and relevant Service Agreements.

2. User Responsibilities & Acknowledgments

• The User acknowledges that access to and use of the Services is at their own risk. REACHSMS does not guarantee uninterrupted service and shall not be liable for technical failures related to network providers or third-party dependencies.
• The User agrees to comply with Telecom Regulatory Authority of India (TRAI) Regulations, 2018, and all other applicable laws governing the use of telecommunications services.
• The User shall be solely liable for any violations related to unsolicited commercial communications, misuse of the Services, or breaches of TRAI regulations.
• The User agrees to indemnify REACHSMS, its affiliates, and employees against any legal claims, penalties, or damages arising from misuse, non-compliance, or infringement of rights.

3. Prohibited Activities

The User shall not:

• Violate any applicable laws, including TRAI regulations.
• Use the Services for unlawful, fraudulent, defamatory, obscene, or abusive communications.
• Distribute unsolicited messages, engage in spamming, or operate pyramid schemes.
• Infringe on any intellectual property rights, copyrights, or privacy rights.
• Store, publish, or distribute harmful content, including viruses, malware, or illegal materials.
• Impersonate others, misrepresent identities, or engage in misleading activities.
• Harvest data, collect personal information without consent, or conduct unauthorized marketing.
• Sell, lease, license, or transfer Service access to third parties.

4. Service Limitations & Liabilities

• REACHSMS does not provide any warranties, express or implied, regarding the accuracy, reliability, or availability of the Services.
• The User is solely responsible for backing up their data. REACHSMS is not liable for data loss, security breaches, or any technical issues arising from Service use.
• REACHSMS reserves the right to modify or discontinue any Service at any time without prior notice.
• If the User violates the ToS or Service Agreements, REACHSMS may suspend access, revoke credits, or terminate services without refunds.
• Links to third-party websites, if provided, are for convenience only. REACHSMS does not control or endorse external content and shall not be responsible for third-party interactions.
• The User acknowledges that their sole recourse for dissatisfaction with the Services is to discontinue use.

5. Compliance & Termination

• The User confirms that they are availing Services for their own use and not as an intermediary for third parties.
• REACHSMS reserves the right to suspend or terminate Services at any time, with or without notice, in response to legal directives from statutory or judicial authorities.
• The User agrees to receive promotional, transactional, and commercial communications via email or SMS from REACHSMS.

The User is solely responsible for all content uploaded, displayed, transmitted, or otherwise used on the Site or distributed through it. REACHSMS assumes no responsibility or liability for any such content. While REACHSMS does not actively monitor user content, it reserves the right (but is not obligated) to review, edit, refuse to post, or remove any content that, in its sole discretion, violates these Terms of Service (ToS) or is deemed inappropriate for the Site. Such actions may be taken without prior notice to the User.

The User affirms that they own or have the necessary rights to upload, distribute, or use any content shared through the Site. REACHSMS shall not be liable for any disputes regarding content ownership, copyright infringement, or any related claims. The User agrees to indemnify REACHSMS against any claims arising from content ownership disputes or legal violations related to the use of such content.

All uploaded or distributed content must comply with any content policies or guidelines provided by REACHSMS, as updated from time to time.

The User acknowledges that REACHSMS does not sell or modify content but merely provides a service for transmitting user-supplied content to mobile and other devices. REACHSMS exercises no control over the authenticity, accuracy, or legality of such content and shall not be held liable for any claims arising from its transmission or distribution.

6. Payment Terms

The User agrees to pay applicable fees for REACHSMS services as determined by REACHSMS from time to time (Service Fees). REACHSMS is not obligated to justify pricing changes or be liable for any claims related to its fee structure.

Payments for Services must be made in advance through credit card, net banking, or offline modes such as cheque or demand draft. Upon successful payment, Credits will be issued to the User’s account, which may be used to access the Services as per the applicable terms and conditions.

All payments are non-refundable, except where explicitly stated in these ToS. REACHSMS shall not be liable to refund any amounts paid by the User under any circumstances.

Service fees are subject to periodic revisions based on network operator charges, regulatory costs, or other factors. Any changes will be communicated via the registered email address or displayed on the REACHSMS website.

7. Credits

Credit refers to a single Standard SMS of 160 characters. Longer messages are split into smaller SMS segments, with each segment of 153 characters counted as a separate Credit due to system constraints. Unicode messages have a standard length of 63 characters, with longer messages split into multiples of 63 characters.

Credit Usage & Expiry

• Purchased Credits are non-refundable, non-transferable, and cannot be redeemed for cash.
• If a User chooses to close their account, any unused Credits will immediately expire and cannot be reclaimed.
• If REACHSMS terminates a User’s account due to policy violations or non-compliance, any remaining Credits shall be forfeited.
• Credits cannot be transferred between different users or user accounts.

1.Credit Adjustments & Restrictions

• REACHSMS reserves the right to refuse or cancel the sale of Credits to any User at its discretion.
• If a User is found misusing the Services (e.g., spamming, phishing, fraudulent activities), REACHSMS may withhold or revoke their Credits without prior notice.
• In cases of regulatory or operator fee changes, REACHSMS reserves the right to modify Credit rates without prior notice.

REACHSMS may revise or update its Credit policies at any time. Users are encouraged to periodically review the terms to stay informed of any changes.

2. Content

The User is solely responsible for all content uploaded, displayed, transmitted, or otherwise used on the Site or distributed through it. REACHSMS assumes no responsibility or liability for any such content. While REACHSMS does not actively monitor user content, it reserves the right (but is not obligated) to review, edit, refuse to post, or remove any content that, in its sole discretion, violates these Terms of Service (ToS) or is deemed inappropriate for the Site. Such actions may be taken without prior notice to the User.

The User affirms that they own or have the necessary rights to upload, distribute, or use any content shared through the Site. REACHSMS shall not be liable for any disputes regarding content ownership, copyright infringement, or any related claims. The User agrees to indemnify REACHSMS against any claims arising from content ownership disputes or legal violations related to the use of such content.

All uploaded or distributed content must comply with any content policies or guidelines provided by REACHSMS, as updated from time to time.

The User acknowledges that REACHSMS does not sell or modify content but merely provides a service for transmitting user-supplied content to mobile and other devices. REACHSMS exercises no control over the authenticity, accuracy, or legality of such content and shall not be held liable for any claims arising from its transmission or distribution.

3.Payment Terms

The User agrees to pay applicable fees for REACHSMS services as determined by REACHSMS from time to time (Service Fees). REACHSMS is not obligated to justify pricing changes or be liable for any claims related to its fee structure.

Payments for Services must be made in advance through credit card, net banking, or offline modes such as cheque or demand draft. Upon successful payment, Credits will be issued to the User’s account, which may be used to access the Services as per the applicable terms and conditions.

All payments are non-refundable, except where explicitly stated in these ToS. REACHSMS shall not be liable to refund any amounts paid by the User under any circumstances.

Service fees are subject to periodic revisions based on network operator charges, regulatory costs, or other factors. Any changes will be communicated via the registered email address or displayed on the REACHSMS website.

4. Credits

Credit refers to a single Standard SMS of 160 characters. Longer messages are split into smaller SMS segments, with each segment of 153 characters counted as a separate Credit due to system constraints. Unicode messages have a standard length of 63 characters, with longer messages split into multiples of 63 characters.

Credit Usage & Expiry

• Purchased Credits are non-refundable, non-transferable, and cannot be redeemed for cash.
• If a User chooses to close their account, any unused Credits will immediately expire and cannot be reclaimed.
• If REACHSMS terminates a User’s account due to policy violations or non-compliance, any remaining Credits shall be forfeited.
• Credits cannot be transferred between different users or user accounts.

Credit Adjustments & Restrictions

• REACHSMS reserves the right to refuse or cancel the sale of Credits to any User at its discretion.
• If a User is found misusing the Services (e.g., spamming, phishing, fraudulent activities), REACHSMS may withhold or revoke their Credits without prior notice.
• In cases of regulatory or operator fee changes, REACHSMS reserves the right to modify Credit rates without prior notice.

REACHSMS may revise or update its Credit policies at any time. Users are encouraged to periodically review the terms to stay informed of any changes.

5. Governing Law and Jurisdiction

These Terms of Service (ToS) shall be governed by and interpreted in accordance with the laws of India. Any disputes arising from or related to these ToS shall be subject to the exclusive jurisdiction of the courts in Hyderabad, Telangana, India.

6. Miscellaneous

• If any provision of these ToS is found to be illegal, invalid, or unenforceable, that provision shall be deemed removed to the extent of its invalidity, without affecting the enforceability of the remaining provisions.
• These ToS constitute the entire agreement between the User and REACHSMS, superseding all prior agreements, whether written or oral, regarding the use of services.
• REACHSMS‘s failure to enforce any provision shall not be considered a waiver of its rights to enforce the same in the future.
• These ToS do not create any rights for third parties.The User shall not represent themselves as an agent, employee, or representative of REACHSMS, and REACHSMS shall not be liable for any actions or omissions by the User in such a capacity.
• No joint venture, partnership, employment, or agency relationship is created between the User and REACHSMS through these ToS.

Compliance with Laws:
 The User acknowledges that REACHSMS operates in compliance with existing laws and regulations. Nothing in these ToS shall prevent REACHSMS from complying with legal, regulatory, or governmental requirements, including court or law enforcement requests.

Service Performance:
 Services are provided on a best-effort basis. REACHSMS is not responsible for delays caused by third-party dependencies, including mobile network operators.

7. Use of Service Numbers

• REACHSMS does not guarantee the continued availability of any Service Number and may discontinue its use without notice.
• If a Service Number is discontinued, REACHSMS will attempt to provide an alternative Service Number, where possible.
• If an alternative number is unavailable, the User shall be entitled to a proportional refund of Credits paid for the Service Number.
• The maximum liability of REACHSMS shall not exceed the Credits paid for the discontinued Service Number.

8. Promotional Campaigns

Users utilizing Promotional Campaign services agree to the following additional terms:

8.1 Message Delivery

• The User shall provide REACHSMS with a list of recipients for Promotional Messages, which will be forwarded to the respective mobile network operator for delivery.
• REACHSMS only guarantees that messages will be forwarded to the operator’s gateway; it does not guarantee message delivery to recipients.
• REACHSMS shall not be liable for non-delivery of messages due to network issues, recipient unavailability, or any other reason.

8.2 Recipient Consent & Compliance

• The User warrants that all recipients have explicitly consented to receive Promotional Messages.
• The User is solely responsible for ensuring compliance with applicable laws, including TRAI (Telecom Regulatory Authority of India) regulations.
• If any recipient objects to receiving messages, all liability rests solely with the User.
• The User agrees to indemnify REACHSMS against any legal claims, penalties, or damages arising from violations of consent or regulatory non-compliance.

8.3 Filtering & Restrictions

• REACHSMS reserves the right to review and filter Promotional Messages at its discretion.
• REACHSMS may refuse to forward messages it deems inappropriate, unlawful, or non-compliant.
• REACHSMS shall not be liable for any losses or damages resulting from the refusal to transmit Promotional Messages.

8.4 Campaign Termination

• If the User wishes to terminate a Promotional Campaign, a written request (PC Termination Request) must be submitted to REACHSMS.
• REACHSMS will make reasonable efforts to halt the campaign but does not guarantee immediate termination.
• The User remains liable for all charges incurred until the campaign is fully terminated.
• If REACHSMS is unable to terminate a campaign for any reason, the User must continue to pay for the services as originally agreed.

8.5 User Liability & Indemnification

• The User assumes full responsibility for any misuse of the Services, including unauthorized promotional messaging.
• The User agrees to defend, indemnify, and hold harmless REACHSMS, its affiliates, directors, and employees, against any legal claims or penalties related to promotional messaging violations.

9. Affiliate & Dual Brand Partners

The maximum liability of REACHSMS for any claims related to its Affiliate Program or Dual Brand Program shall not exceed the commission payable to the User.

Fair Use Policy

The User shall not send more than 100 SMS per day using Email2SMS services. This limit does not apply to dedicated channel users.

11. API Services

In addition to the General Conditions of Service, any User of API Services agrees to the following terms and conditions:

11.1 Ownership & Usage Restrictions

• The User acknowledges that all API(s) provided by REACHSMS remain the sole property of REACHSMS.
• The API is disclosed exclusively for the purpose of utilizing REACHSMS services.
• The User shall not, without prior written consent from REACHSMS:
  • Allow or facilitate API usage by any third party.
  • Develop, create, or build any product or service using the API for any purpose other than the User’s own use.
  • Redistribute, reuse, sell, or distribute any API or any product/service developed using the API.
• If the User intends to engage in any of the above activities, prior written approval from REACHSMS is required, subject to additional terms and conditions as determined by REACHSMS.

11.2 Liability for API Misuse

• The User acknowledges full responsibility for any misuse or unauthorized use of the API, whether directly or indirectly.
• Any damage, loss, or claims arising from API misuse shall be solely the User’s liability, and REACHSMS shall not be held responsible.

11.3 Indemnification

• The User agrees to defend, indemnify, and hold harmless REACHSMS, its affiliates, directors, officers, and employees against:
  • Any losses, damages, claims, or legal actions arising from API misuse.
  • Any penalties or legal proceedings resulting from violations of TRAI regulations or any other applicable laws.
• This indemnification obligation shall continue to apply even after the termination of API access or services.