Terms & Conditions

Products And Services

The Products offered by SMSCountry consist of, but not limited to, the following: Messaging Tools or Interfaces (like Web Browser Interface, Microsoft Excel plugin, Microsoft Outlook plugin, Email2SMS, Desktop Messenger, Inbox, Hand2Many, 2-Way Messaging, Unicode Tool, COM Object Tool, API Tools, Short Code, Virtual Long Number etc) developed either by SMSCountry or any other third party, Sender Name/Number and Message Credits.

The Services offered by SMSCountry consist of, but not limited to, the following: SMS Core Messaging Platform Access, Data Encryption, Data Transmission, Data Access, and Data Storage and, wherever applicable, the Synchronization Software.

The Users shall be held responsible for obtaining and maintaining all computer hardware, software and communications equipment that are needed to access the Products and/or Services, and for paying all the chargeable access charges (e.g., ISP, telecommunications) that are incurred while using the Products and/or Services.

SMSCountry offers only some of its Products and/or Services free of cost while others are offered at a price. All the price details are mentioned prominently and are payable upfront, prior to the account and/or specific feature(s) and/or credits being activated. Price per SMS may vary periodically based on the variations done at operator's end.SMSCountry shall make no guarantees for the uninterrupted and continuous availability of the Products and/or Services or of any specific feature(s) of the Products and/or Services.

The SMS prices may vary if operators introduces interconnection charges.

SMSCountry offers Application Programming Interface (API) Tools like HTTP/S, XML, SMTP and/or COM Object Tool and/or SMPP Protocol to connect to SMSCountry Core Messaging Platform. These provide an easy, efficient and flexible option to integrate with the User’s website/application, facilitating auto-generated SMS Text messages to be delivered to the intended recipients’ mobile phones. SMSCountry charges a one-time setup fee or a periodic fee based on the package selected for activating such connectivity.

SMSCountry also offers Life Time validity for some of its Products and/or Services which would be considered valid for a period of 6 Years.

Any special offers and/or discounts introduced by SMSCountry are valid only for the specific validity period mentioned in the offer. SMSCountry may or may not extend the offer, once the offer package reaches the expiration date.

SMSCountry also provides an option to receive sms text messages into the User’s SMSCountry account (called Inbox). SMSCountry may charge up to one credit for each incoming message into the User’s account.

The Products and/or Services are “AS IS” and are subject to the disclaimers of warranty and the limitations of liability as found in this agreement and which are subject to testing by the Users before entering into this agreement.

SMSCountry reserves the right to change or terminate the Products and/or the Services and/ or alter the Terms and Conditions of this Agreement at any time with/without notice and/or with immediate effect. All the fees paid to SMSCountry when such termination occurs are addressed in detail in the sections below.

Single User Account - Access To Use The Products And/Or Services

To access and use SMSCountry Products and/or Services, Users need to have a SMSCountry Account ("account"). For this account, the User needs to complete a simple one-time registration process by providing all current, complete and accurate information as prompted by the Registration Form. Entering inaccurate details might result in suspension or blockage of the account. The User has to choose his/her unique "username" and "password" (not less than three characters each).

To avail connectivity using API Tools and/or COM Object Tool and/or SMPP Protocol, the Users need to fill in another form, which contains details like IP Address to connect to the server, Technical Contact Information, Type of API etc.

SMSCountry reserves the right to approve Users for connectivity using API Tools and/or COM Object Tool and/or SMPP Protocol at its sole discretion. Although SMSCountry shall provide connection specifications and shall attempt to keep the specifications accurate and up to date, these specifications may be incomplete and may change from time to time without SMSCountry informing the Users about the changes. It is the User's sole responsibility to test the specifications thoroughly on a regular basis and SMSCountry shall not accept responsibility for any specifications that may be incorrect or incomplete.

The Users shall be entirely responsible for maintaining the confidentiality regarding their password and account information. In addition, the Users shall be entirely responsible for any and all activities that occur under their accounts. SMSCountry shall not be held liable to any third party claims and/or actions taken with respect to the Products and/or Services being offered. The Users agree to notify SMSCountry immediately regarding any unauthorized use of their accounts or of any other breach of security.

If SMSCountry finds no activity in any User's account for more than 365 days, that account shall be temporarily blocked or suspended. The Users may contact SMSCountry to re-activate such accounts.

User Privacy

SMSCountry respects the privacy of the Users and assures that it shall not monitor, edit, or disclose any personal information about the Users or about the User's SMSCountry account, which includes all of its contents, without the User's prior permission. However, this will not apply if SMSCountry has to:

• Conform to the statutory and/or legal requirements or comply with the legal process.
• Protect and defend the rights or property of SMSCountry.
• Enforce this Agreement or protect SMSCountry business or reputation, including without limitation, upon termination, cancellation or suspension of this Agreement by SMSCountry.
• Respond to the request for identification in connection with the claim of copyright or trademark infringement by the Users or to a claim by a third party that the Users is using the Products and/or Services in connection with an infringement, illegal or improper activity, or
• Act to protect the interests of the Users or any others in general

The User agrees that SMSCountry can access his/her account, including the message content, as stated above or respond to product specific queries or technical issues.

The User hereby permits SMSCountry to send him/her communication via email/sms of any updates, upgrades, notices, or any other information that SMSCountry deems important for the Users to know, relating to the Products and/or Services.

SMSCountry will retain your user data for as long as your account is active and for a period of six months to comply with our legal and regulatory obligations. After this period, we will securely erase your data from our systems in accordance with our data retention policy.

User Obligations And Duties

SMSCountry expressly prohibits any unauthorized commercial use of the Products and/or Services. The User gives irrevocable agreement to abide by all the applicable local, national and international laws and regulations and is solely responsible for all acts or omissions (that occur under his/her account or password), including responsibility for the content of any transmissions through SMSCountry.

The Users acknowledge that SMSCountry and its licensors retain ownership of all the propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof in relation to them, and all rights therein.

SMSCountry provides by way of example, and not as a limitation, the stipulation that the Users agree not to, directly or indirectly:

• Reverse engineer, de-compile, disassemble or otherwise make any attempt to establish the source code or the underlying ideas or algorithms of the Products and/or Services.
• Modify, translate, or create distinctive and derivative works based on the Products and/or Services.
• Copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the Products and/or Services.
• Use the Products and/or Services for time sharing or to the benefit of a third party.
• Remove any proprietary notices or label(s) that identify SMSCountry Products and/or Services.
• Use the Services in any way connected to any chain letters, junk sms text messages, spam or any unsolicited messages (commercial or otherwise).
• Harvest or otherwise collect, information about other Users, including email addresses, without obtaining their consent; Transmit any unlawful, harassing, libelous, or abusive, threatening, and harmful, or vulgar, obscene or otherwise any objectionable material of any kind or nature.
• Transmit any material that is an infringement of the intellectual property rights or other rights of third parties, which will include any trademark, copyright or right of publicity.
• Defames or slanders any person, or try to infringe upon any person's privacy rights.
• Transmit any material that may contain any viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs.
• Interfere with or disrupt the networks connected to SMSCountry or violate the regulations, policies or procedures of such networks.
• Attempt to gain unauthorized access to the Products and/or Services or to other accounts, computer systems or networks connected to SMSCountry.
• Interfere with another User's peaceful use and enjoyment of the Products and/or Services, or
• Engage in any other activity that SMSCountry could believe may subject it to criminal liability or civil penalty or judgment.

SMSCountry Offer - Disclaimer

From time to time, SMSCountry runs several promotions for the entire/part of SMSCountry users or for the entire/selected products/services within SMSCountry.

These promotions may include discounts,contests, cash-back offers, bargains, benefits or any other offer as decided by SMSCountry on its products/services.

SMSCountry also runs promotions/offers targeted at certain segments of SMSCountry clients, which may not be offered to the entire base of SMSCountry users.

Eligibility criteria for inclusion of SMSCountry users in these promotions varies from time to time.