Terms & Conditions

Effective Date: 01 January 2024  |  Last Updated: March 2026  |  Version: 3.0

Important: Please read these Terms & Conditions ("T&Cs" or "Agreement") carefully before registering for or using any services offered by Fivo SMS. By accessing our platform, creating an account, or purchasing credits, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions, our Privacy Policy, and our Cancellation & Refund Policy.

These Terms & Conditions constitute a legally binding agreement between you ("User", "you", or "your") and Fivo Technology, trading as Fivo SMS, a company incorporated under the Companies Act

These T&Cs govern your access to and use of our website at fivosms.co.uk, our bulk SMS platform, APIs, and all related services (collectively, the "Services"). By using our Services, you agree to comply with all applicable laws of India, including but not limited to the Information Technology Act, 2000 ("IT Act"), the Telecom Regulatory Authority of India (TRAI) Regulations, the Consumer Protection Act, 2019, and the Personal Data Protection framework applicable in India.

I. REGISTRATION

  • The User, upon registration and successful completion of the registration formalities and applicable payments ("Registration") may avail the use of the paid services on the Site, including the use of APIs and the platform (collectively referred to as the "Services"). Registration implies acceptance of the terms of these Terms of Service ("ToS"), any additional terms, and the Privacy Policy as may be in force from time to time, including the terms of payment applicable at the relevant time or any time thereafter.
  • The User hereby declares and agrees that: (i) all information (including personal information) provided during Registration is true, genuine, accurate, complete, and current, and the User shall keep such information updated at all times; (ii) the User shall maintain and promptly update their registration data to ensure it remains accurate; (iii) the User represents that they are of legal age (18 years or above, being the age of majority in India under the Indian Majority Act, 1875) and possess the requisite legal capacity to form a binding contract with Fivo SMS; and (iv) the User is not a person barred from receiving Services under applicable Indian law or any other applicable jurisdiction.
  • All personal information provided by the User during Registration shall be collected, stored, and processed in accordance with our Privacy Policy and applicable data protection laws in force in India, including the Digital Personal Data Protection Act, 2023 (DPDPA) and any guidelines issued by the relevant government authorities thereunder.
  • Upon Registration, the User will be provided with a private User Account, a unique username, and a password. The User shall be solely responsible for all activities conducted through their User Account. Authentication and access to the Services depend on verification of the correct username and password. The User is solely responsible for maintaining the confidentiality of their Account credentials (including all usernames and passwords). The User agrees to notify Fivo SMS immediately at support@fivosms.co.uk upon becoming aware of any known or suspected unauthorised access to or use of their Account, or any other breach of security. Fivo SMS shall not be liable for any loss or damage arising from the User's failure to protect their Account credentials or for any fraud or misuse by any third party.
  • Any free credits or promotional credits granted by Fivo SMS to the User at the time of Registration, or at any other time, shall be subject to all the terms and conditions of these ToS and any applicable Service Agreements. Such credits hold no monetary value and cannot be encashed, transferred, or redeemed other than for use of the Services.
  • DLT (Distributed Ledger Technology) Registration — Mandatory under TRAI Regulations: As mandated by the Telecom Regulatory Authority of India (TRAI) under the Telecom Commercial Communications Customer Preference Regulations, 2018 (as amended), all Users intending to send commercial SMS in India are legally required to complete DLT registration with a licensed telecom operator before initiating any commercial messaging. Failure to comply with DLT registration requirements may result in non-delivery of messages, suspension of services, and potential regulatory action by TRAI. Fivo SMS shall not be held liable for any such consequences arising from the User's failure to complete or maintain DLT registration. For assistance, please visit our DLT Registration page.

II. USAGE

A. General Conditions of Service

1. General Terms

  • The User acknowledges that the Services are primarily designed for commercial use within India and are governed by the laws of India. However, the Services may also be used for sending SMS to international recipients where such services are made available by Fivo SMS, subject to compliance with the laws and regulations of the respective recipient countries.
  • The User acknowledges and accepts that Fivo SMS may, at its sole discretion, deactivate the User's password and/or User Account, or suspend access to any Service, without prior notice at any time. Fivo SMS further reserves the right to remove, cancel, or restrict the distribution of any Content without notice and without obligation to provide any reason. The User authorises Fivo SMS to rely on any data, notice, instruction, or request furnished by the User, or that Fivo SMS reasonably believes to have been furnished by the User.
  • The User acknowledges and agrees that Fivo SMS acts as a technology service facilitator and intermediary, as defined under the IT Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, in respect of the Services. Fivo SMS shall not be liable or responsible in any manner for the Content transmitted through its platform, provided it exercises due diligence as required under applicable law.
  • Fivo SMS reserves the right to refuse, deny, restrict, or terminate the use of Services by any User, without notice, at any time, and for any reason it deems sufficient in its sole discretion, including but not limited to a violation of these ToS, applicable law, or TRAI Regulations. Fivo SMS shall not be liable in any manner for such refusal, restriction, or termination.
  • The User agrees that any modification to the Services, including changes to features, functionality, or the launch of new Services, shall be subject to these ToS and any other relevant Service Agreements as notified from time to time.
  • The User acknowledges and agrees that access to and use of the Site and all Services is entirely at the User's own risk. The Services are dependent on telecommunications companies, mobile network operators, and infrastructure providers ("Operators"). Fivo SMS makes no warranties regarding the reliability, accuracy, security, timeliness, or availability of the Site or Services. All information, software, services, and materials are provided on an "as is" and "as available" basis, without any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
  • The User acknowledges and agrees that they shall be solely responsible for ensuring full compliance with the Telecom Regulatory Authority of India's (TRAI) Telecom Commercial Communications Customer Preference Regulations, 2018 (as amended from time to time), the DLT framework, and all other applicable regulations, statutes, orders, directions, or laws in force from time to time, including the IT Act, 2000, the Consumer Protection Act, 2019, and the Indian Penal Code, 1860 (as applicable) (collectively, the "Law"). The User accepts sole liability, directly or indirectly, for all damages or losses caused or alleged to be caused to Fivo SMS, by or in connection with any misuse of the Services, including sending unsolicited commercial communications (UCC/spam) to subscribers, or any violation of TRAI Regulations or applicable Law.
  • The User agrees to defend, indemnify, and hold harmless Fivo SMS, its affiliates, directors, officers, employees, agents, and service providers (collectively, "Indemnified Parties"), against any and all losses, claims, damages, liabilities, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) any violation of these ToS or applicable Law; (b) infringement of any third-party rights, including intellectual property rights, privacy rights, or proprietary rights; (c) any regulatory action, direction, or order by TRAI, the Department of Telecommunications (DoT), any statutory body, or any Operator arising from the User's misuse of the Services; or (d) any Content transmitted by the User through the platform. These indemnification obligations shall survive any termination of the User's relationship with Fivo SMS.
  • The User acknowledges that Fivo SMS does not assume any implicit or explicit responsibility for Content stored, published, or transmitted by the User through the Site. All declarations and opinions expressed by the User through the platform are solely those of the User and do not represent the views or opinions of Fivo SMS. Any person who believes that Content published or distributed through the Site infringes any applicable law is requested to contact Fivo SMS promptly at support@fivosms.co.uk, including sufficient details to enable Fivo SMS to investigate and act in accordance with its obligations as an intermediary under applicable law.
  • The User acknowledges and agrees that all software utilised in connection with the Services ("Software") is the exclusive property of Fivo Technology (and its group companies) and is protected under the Copyright Act, 1957, the Patents Act, 1970, and other applicable intellectual property laws of India and international jurisdictions. The User shall not, directly or indirectly: copy, modify, create derivative works from, reverse engineer, decompile, disassemble, or attempt to discover the source code of the Software; sell, license, sublicense, or transfer any rights in the Software to any third party; or reproduce or redistribute the Software to any other server or location for further reproduction or redistribution. All intellectual property rights in the Software and the platform remain exclusively with Fivo Technology
  • The right to use any Service is personal and non-transferable, and is limited solely to the registered User. Where the User is a company or corporate entity, the right shall extend to its authorised employees, provided that any violation of these ToS by such employees shall be deemed a violation by the company, which shall remain fully liable to Fivo SMS for such contraventions.
  • The User agrees not to use any name, identifier, or Sender ID in connection with the Services that is false, confusing, or misleading, or that impersonates any person, business, government body, or other entity. The User shall not interfere with or disrupt the Services, the Site, or any servers, networks, or systems connected thereto, nor shall the User restrict or inhibit any other User's lawful use of the Services.
  • The User agrees and accepts that they shall not use any of the Services, through or in connection with the Site, to:
    • Rent, lease, license, grant a security interest in, or otherwise transfer the User's rights under these ToS to any third party without the express prior written consent of Fivo SMS;
    • Defame, libel, slander, abuse, harass, threaten, stalk, impersonate, or otherwise violate or infringe the legal rights (including privacy and publicity rights) of any person or entity;
    • Conduct, promote, or facilitate illegal contests, pyramid schemes, chain letters, unsolicited or unauthorised advertising, unauthorised promotional materials, spam (including SMS spam and email spam), or multi-level marketing campaigns;
    • Harm, exploit, or endanger minors in any way, including transmitting content that is harmful to children;
    • Publish, post, distribute, disseminate, or link to any content that is illegal, inappropriate, profane, defamatory, libellous, slanderous, infringing, obscene, indecent, or that contains nudity, adult content, or content promoting violence;
    • Transmit content protected by intellectual property laws, copyright, rights of privacy or publicity, or other proprietary rights, unless the User owns or controls such rights or has obtained all necessary permissions and consents;
    • Transmit content containing malware, viruses, worms, Trojan horses, corrupted files, spyware, adware, or any other harmful or destructive software or code;
    • Transmit content constituting hate speech, whether directed at an individual or a group, based on race, sex, caste, religion, national origin, sexual orientation, disability, or any other protected characteristic, in violation of applicable Indian law and international human rights standards;
    • Market, sell, facilitate, or promote the sale or distribution of: firearms; explosives; ammunition; tobacco products; illicit drugs; pharmaceuticals or controlled substances without valid licences; counterfeit or pirated goods; fraudulent or misrepresented goods; goods or services that infringe third-party rights; gambling services prohibited under Indian law; securities or financial instruments without required regulatory approvals; or any goods, services, or activities that would cause Fivo SMS to violate any law, statute, or regulation;
    • Harvest, scrape, or otherwise collect personal data or information about third parties, including mobile numbers and email addresses, without their express, freely given, specific, informed, and unambiguous consent, as required under applicable Indian data protection law;
    • Send any unsolicited commercial communication (UCC/spam) to any person who has registered their preferences on the National Customer Preference Registry (NCPR) or Do Not Disturb (DND) registry, in violation of TRAI Regulations;
    • Violate any applicable government laws, regulations, rules, or orders, including those issued by TRAI, DoT, the Ministry of Electronics and Information Technology (MeitY), or any other competent authority.
  • The Services are provided by Fivo SMS without any implied or express warranty. Fivo SMS cannot be held liable for any harm arising from the inability to access or use the Services, loss of Content, service interruptions, network failures, unauthorised access, data modification, system errors, or any other technical issues. The User is solely responsible for maintaining copies of all Content. Fivo SMS reserves the right to modify any or all Services at any time, with or without notice.
  • Fivo SMS may change, suspend, or discontinue any Service at any time, without notice. If the User violates these ToS or any applicable Service Agreement, Fivo SMS may, at its discretion, terminate the User's access to the Services and forfeit all Credits in the User's account, with no obligation to provide a refund of any prepaid fees.
  • The Site may contain links to third-party websites. Fivo SMS is not responsible for the content, operation, accuracy, or legality of any linked third-party sites, and the inclusion of any link does not constitute an endorsement by Fivo SMS of such site or its content.
  • To the maximum extent permitted by applicable Indian law, Fivo SMS shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to loss of revenue, profits, data, goodwill, or business, arising out of or related to the use of or inability to use the Site or Services, even if Fivo SMS has been advised of the possibility of such damages. Subject to the Consumer Protection Act, 2019, if applicable, the User's sole remedy for dissatisfaction with the Services is to discontinue use of the Site. No refund of any monies paid shall be due in such event.
  • The User confirms and declares that the Services are being availed for the User's own business purposes and that the User is not an intermediary acting on behalf of an undisclosed third party. If the User is acting on behalf of a client or third party, the User accepts full responsibility for ensuring that such third party also complies with these ToS and all applicable laws.
  • Fivo SMS reserves the right to suspend Services at any time, with or without notice, in the event of any order, direction, or injunction issued by a statutory or regulatory authority (including TRAI, DoT, MeitY, or any court of competent jurisdiction).
  • By registering with Fivo SMS, you agree to receive promotional, transactional, service-related, and commercial communications from Fivo SMS via email, SMS, or other channels. You may opt out of promotional communications at any time by contacting us at support@fivosms.co.uk. Please note that opting out of promotional communications will not affect transactional or service-critical messages.

2. Content

  • The User shall be solely responsible for all Content uploaded, created, displayed, transmitted, or otherwise used on or through the Site or Services, including the text of all SMS messages sent through the platform. Fivo SMS shall have no responsibility or liability whatsoever for such Content. Fivo SMS reserves the right, but is not obligated, to monitor, review, edit, refuse to post, or remove any Content that it determines, in its sole discretion, violates these ToS, TRAI Regulations, or applicable law, at any time and without notice.
  • The User represents and warrants that all Content transmitted through the platform is owned by the User, or that the User has obtained all necessary permissions, licences, and consents required to transmit, display, or distribute such Content. The User agrees to indemnify Fivo SMS against any and all claims arising from any dispute regarding the ownership or lawful use of such Content.
  • All Content transmitted through the Site must comply with the content guidelines issued by Fivo SMS from time to time, TRAI Regulations (including sender ID and template registration requirements under the DLT framework), and all applicable laws of India, including the IT Act, 2000, the Indian Penal Code, 1860 (as applicable), and the Consumer Protection Act, 2019.
  • The User acknowledges that Fivo SMS operates as a technology facilitator and intermediary — it does not create or sell Content, but rather provides a platform to transmit the Content supplied by the User to mobile and other devices. Fivo SMS does not verify, validate, or monitor User Content in real time and, accordingly, cannot be held responsible for the nature, accuracy, or legality of Content transmitted through its platform. However, Fivo SMS reserves all rights available to it as an intermediary under applicable law to take action upon receipt of a valid complaint or direction from a competent authority.

3. Payment Terms

  • The User agrees that Fivo SMS reserves the right to charge the User for the use of any Services at such rates and in such manner as Fivo SMS may determine from time to time ("Consideration"). All applicable taxes, including Goods and Services Tax (GST) at the prevailing rate, shall be payable by the User in addition to the Consideration, unless otherwise stated. Fivo SMS is not obligated to justify the Consideration charged for any Service.
  • The User shall pay the Consideration for all Services in advance, through accepted payment methods including credit card, debit card, UPI, net banking, NEFT/RTGS bank transfer, or any other payment mode made available by Fivo SMS from time to time. Credits will be issued to the User's Account upon successful receipt and clearance of payment. All prices are quoted in Indian Rupees (INR) or British Pounds (GBP) as applicable, and are inclusive of applicable taxes unless stated otherwise.
  • Fivo SMS shall not, under any circumstances, be liable to refund or return any money paid by the User for use of the Services, whether by way of purchase of Credits or otherwise, except as specifically provided in these ToS or as required under the Consumer Protection Act, 2019, or other applicable Indian law. Please refer to our Cancellation & Refund Policy for further details.
  • The pricing and commercial terms mentioned on the Site are subject to change from time to time, depending on changes in commercial rates offered by Network Operators, regulatory requirements, or other factors. Any such changes will be communicated to the User's registered email address or published on the Fivo SMS website, and shall take effect from the date specified in such communication.
  • All payments are processed securely through our payment gateway partners. Fivo SMS does not store credit/debit card information on its servers. Payment security is maintained in accordance with applicable RBI guidelines and PCI-DSS standards (where applicable).

4. Credits

  • "Credit" means one (1) standard short message (SMS) of up to 160 characters using the GSM 7-bit (GSM 03.38) character set, which is reflected in the User's Account. "Credits" shall be construed accordingly. Users may send longer SMS messages of up to 918 characters; such messages are split into smaller segments and concatenated at the receiving device. In this scenario, each segment is calculated at 153 characters, as 7 characters are used for concatenation headers.
  • For Unicode character sets (supporting regional Indian languages and a wider international character range), the standard message length is 70 characters (or 67 characters per segment for concatenated messages). Users sending SMS in regional Indian languages such as Hindi, Tamil, Telugu, Bengali, Marathi, Gujarati, Kannada, Malayalam, Punjabi, and others should note that Unicode encoding applies, and Credits will be consumed accordingly.
  • Credits, once purchased, cannot be refunded, encashed, or redeemed for any purpose other than the use of Services, unless specifically stated otherwise in these ToS or the applicable Cancellation & Refund Policy. If a User closes their Account, all accumulated Credits in that Account shall immediately expire and cease to be valid. If Fivo SMS closes a User Account in accordance with its rights under these ToS, all Credits in that Account shall be immediately forfeited. Fivo SMS shall not incur any monetary or other liability to the User or any other person in respect of Credits that have expired or been forfeited as a result of Account closure.
  • Credits are personal and non-transferable. They may not be transferred between Users or between different User Accounts belonging to the same User.
  • Fivo SMS reserves the right to refuse or cancel the sale of Credits to any User at its sole discretion, including where it suspects misuse, fraud, or non-compliance with these ToS.
  • Fivo SMS reserves the right to withhold, freeze, or restrict a User's access to their Credits for such period as Fivo SMS deems appropriate in its sole discretion, where it suspects misuse of the Services. Misuse includes, but is not limited to: spamming, phishing, sending unsolicited commercial communications (UCC), fraudulent transactions, and any communication intended to deceive, defraud, or harm individuals. Users shall not use the Services for any unlawful activity under the IT Act, 2000, the Indian Penal Code, 1860 (as applicable), or TRAI Regulations.
  • Fivo SMS reserves the right to confiscate any Credits of a User ("Confiscated Credits") where it determines, in its sole discretion, that the User has violated these ToS. All Confiscated Credits shall be immediately forfeited, and the User shall have no monetary or other claim in respect of such Credits. Fivo SMS also reserves the right to adjust the number of Credits in a User's Account to reflect any changes in the cost per Credit arising from changes in Operator or regulatory pricing, with or without prior notice.
  • Fivo SMS reserves the right to amend any provisions relating to Credits at any time, in its sole discretion, without prior notice. Users are advised to review the Credits terms periodically. Continued use of the Services following any such amendment constitutes acceptance of the revised terms.

5. Governing Law and Jurisdiction

  • These ToS and all matters arising out of or related to them shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of laws provisions.
  • The User and Fivo SMS agree that all disputes, claims, or controversies arising out of or in connection with these ToS, the Services, or the use of the Site shall be subject to the exclusive jurisdiction of the competent courts of Gautam Budh Nagar, Uttar Pradesh, India. The User expressly waives any right to object to venue or jurisdiction in such courts.
  • For Users accessing the Services from the United Kingdom, these ToS shall also be read in conjunction with applicable UK law, including the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 (PECR), and the Communications Act 2003. In the event of any conflict between Indian and UK law applicable to a specific matter, the parties shall endeavour to resolve such conflict by mutual agreement, failing which the applicable provisions shall be determined in accordance with private international law principles.

6. Miscellaneous

  • Severability: If any provision of these ToS is held to be illegal, invalid, or unenforceable, in whole or in part, under any applicable law, such provision or part thereof shall be deemed severed from these ToS, and the validity and enforceability of the remaining provisions shall not be affected. These ToS constitute the entire agreement between the User and Fivo SMS with respect to the use of the Services and supersede all prior or contemporaneous written or oral agreements, understandings, representations, or warranties.
  • No Waiver: Fivo SMS's failure at any time to insist on or enforce strict performance of any provision of these ToS shall not constitute a waiver of any right to enforce such provision at a later time. No course of conduct between Fivo SMS and the User shall be deemed to modify or amend any provision of these ToS.
  • Independent Parties: The User agrees not to represent themselves as a representative, agent, partner, employee, or franchisee of Fivo SMS. No joint venture, partnership, employment, agency, or franchise relationship exists between the User and Fivo SMS as a result of these ToS or the use of the Services.
  • Legal Compliance: The User acknowledges that Fivo SMS's performance of this Agreement is subject to existing laws, regulations, and legal process, including any directions issued by courts, government bodies, TRAI, DoT, MeitY, or law enforcement authorities. Nothing in these ToS shall be construed to limit Fivo SMS's right and obligation to comply with such governmental, judicial, or regulatory requirements.
  • Best Effort Delivery: Fivo SMS provides the Services on a best-effort basis. It does not warrant uninterrupted or error-free delivery of SMS messages, as delivery is subject to inter-operator dependencies, network conditions, recipient device availability, and regulatory restrictions. Fivo SMS shall not be liable for any delays or failures in message delivery attributable to such factors.
  • Grievance Officer: In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Fivo SMS has appointed a Grievance Officer. Any grievances related to Content or use of the Services may be addressed to the Grievance Officer by emailing support@fivosms.co.uk. Grievances will be acknowledged within 24 hours and resolved within 15 days of receipt, in accordance with applicable law.
  • Use of Service Numbers:
    • (i) The User acknowledges that Fivo SMS does not guarantee the continued availability of any specific Service Number and that use of any such Service Number may be discontinued at any time without prior notice, due to regulatory requirements or Operator decisions. In such cases, Fivo SMS shall make all reasonable efforts to provide the User with an Alternate Service Number for continuation of the Services ("Alternate Service Number").
    • (ii) If Fivo SMS is unable to provide an Alternate Service Number for any reason, Fivo SMS shall refund the proportionate amount of unused Credits paid by the User in respect of the discontinued Service Number. Such refund shall constitute full and final settlement of all claims of the User in this regard, and the liability of Fivo SMS shall in no event exceed the proportionate amount of Credits paid by the User for the specific Service Number in question.
  • (e)Promotional Campaigns
  • In addition to the General Conditions of Service, a User of any promotional campaign services ("Promotional Campaign") agrees to be bound by the following additional terms and conditions:
    • The User shall provide Fivo SMS with a list of opted-in recipients (each a "Recipient" and together the "Recipients") of a Promotional Campaign. Fivo SMS shall, in accordance with these ToS and TRAI Regulations, transmit the relevant Promotional Messages to the gateway of the Operator for forwarding to the Recipients.
    • Fivo SMS shall be responsible only for transmitting Promotional Messages to the relevant Operator gateway and shall not bear any further obligation for onward delivery to Recipients. Fivo SMS does not guarantee the receipt of Promotional Messages by Recipients and shall not be liable for failure of delivery to any or all Recipients due to factors outside its reasonable control.
    • The User represents and warrants that all Recipients have provided their explicit, prior, and verifiable consent to receive commercial communications from the User in accordance with TRAI Regulations and the Digital Personal Data Protection Act, 2023. The User acknowledges that sending Promotional SMS to DND-registered subscribers or to persons who have not opted in is a violation of TRAI Regulations and may result in regulatory action, financial penalties, and/or suspension of the User's account. All responsibility and liability for non-compliant messaging shall rest solely with the User. The User agrees to indemnify Fivo SMS against any claims or regulatory action arising from non-compliant Promotional Campaigns.
    • Fivo SMS reserves the right, but is not obligated, to filter or reject any Promotional Message, and to decline to transmit any message that it believes may violate these ToS, TRAI Regulations, or applicable law, without liability to the User or any other party.
    • Promotional Messages shall be transmitted to the Operator gateway within the specific time period pre-agreed between the User and Fivo SMS.
    • The User acknowledges that they bear sole responsibility for ensuring full compliance with TRAI Regulations, DLT template and sender ID registration requirements, and all applicable laws governing commercial communications in India, in connection with every Promotional Campaign.
    • The User agrees to defend, indemnify, and hold harmless all Indemnified Parties of Fivo SMS, against any and all losses, damages, fines, penalties, and costs (including legal fees) arising from any action by TRAI, DoT, any Operator, or any other statutory body in connection with the User's misuse of the Services or breach of TRAI Regulations, during the period of a Promotional Campaign or at any time thereafter.
    • If the User wishes to terminate a Promotional Campaign, they shall submit a written request to Fivo SMS ("PC Termination Request"). Fivo SMS shall make reasonable efforts to terminate the Campaign promptly upon receipt. The User shall remain liable for all charges incurred between receipt of the PC Termination Request and actual termination of the Campaign. If termination is not possible for technical or operational reasons, the User shall remain liable for all applicable charges as if no PC Termination Request had been made.
  • Affiliate Partners and Dual Brand Partners: The entire liability of Fivo SMS for any reason directly attributable to it, and the exclusive remedy of any Affiliate Partner or Dual Brand Partner in connection with the Affiliate Program or Dual Brand Program, shall in no event exceed the applicable Commission payable to such partner for the relevant period.
  • Fair Use Policy: The User shall not send more than 100 SMS per day via the Email2SMS feature. This limit does not apply to Users with a dedicated channel subscription. Fivo SMS reserves the right to revise fair use limits at any time by providing notice to the User.
  • Changes to Terms: Fivo SMS reserves the right to modify, update, or amend these ToS at any time by posting the revised terms on the Site. The User will be notified of material changes via their registered email address. Continued use of the Services following the effective date of any amendment constitutes the User's acceptance of the revised ToS. Users are encouraged to review these ToS periodically.

APIs

  • In addition to the General Conditions of Service, any User of API Services shall be bound by the following terms and conditions:
    • The User acknowledges that all APIs provided by Fivo SMS are proprietary to Fivo Technology and are protected under applicable Indian intellectual property law, including the Copyright Act, 1957. The APIs are disclosed solely to enable the User's authorised use of the Services. The User undertakes that, without the prior written consent of Fivo SMS, they shall not: (i) permit any third party to access or use the APIs; (ii) develop, build, or create any product or service using the APIs for use by or sale to third parties; or (iii) redistribute, resell, or sublicense access to any API or any product or service derived from it. Any use of the APIs beyond the scope permitted under these ToS shall require a separate written agreement with Fivo SMS and shall be subject to such additional terms as Fivo SMS may stipulate.
    • The User acknowledges and accepts that it shall be solely liable, directly or indirectly, for all loss or damage caused or alleged to be caused to Fivo SMS, arising out of or in connection with any misuse of the APIs, or any use of the APIs otherwise than in strict compliance with the terms specified herein and the API documentation provided by Fivo SMS.
    • The User agrees to defend, indemnify, and hold harmless all Indemnified Parties of Fivo SMS, against any and all losses, damages, claims, fines, penalties, and legal expenses arising from any action by TRAI, DoT, any Operator, or any other statutory body, in connection with any misuse of the APIs, any breach of TRAI Regulations, or any other applicable law by the User.
    • The User is responsible for ensuring that any application, system, or platform developed using Fivo SMS's APIs complies with all applicable laws and regulations, including TRAI Regulations, the IT Act, 2000, and data protection requirements under Indian law. Fivo SMS does not warrant the fitness or suitability of its APIs for any specific purpose and provides them on an "as is" basis.

IV. DATA PROTECTION & PRIVACY

  • Fivo SMS is committed to protecting the personal data of its Users and their message recipients in accordance with applicable data protection laws, including the Digital Personal Data Protection Act, 2023 (DPDPA) (India) and, where applicable, the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (UK).
  • Users are responsible for ensuring that they have obtained valid, freely given, specific, informed, and unambiguous consent from all individual recipients before transmitting any personal data or commercial communication to such recipients through the Fivo SMS platform. The User acts as the data fiduciary (or data controller) in respect of recipient data, and Fivo SMS acts as a data processor on behalf of the User, processing such data only in accordance with the User's instructions and these ToS.
  • Users must not upload, process, or transmit any special categories of sensitive personal data (such as health data, biometric data, or financial information) through the Fivo SMS platform without appropriate safeguards, consent, and legal basis as required by applicable law.
  • For full details of how Fivo SMS collects, uses, stores, and protects personal data, please refer to our Privacy Policy.

V. CONTACT US

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