1. Acceptance of Terms
These Terms & Conditions (“Agreement”) constitute a legally binding agreement between DialText Infotech Private Limited (“DialText”, “we”, “us”) and the business entity or person (“Customer”, “you”) accessing or using the DialText website, developer portals, SDKs, or CPaaS communication gateways.
By creating an account, generating an API key, submitting an inquiry, or initiating message transmissions through DialText, you expressly acknowledge that you have read, understood, and agreed to be bound by these Terms and our linked policies.
2. Compliance with Telecom & Platform Regulations (TRAI & Meta)
As a condition of using DialText services, Customer explicitly warrants and covenants:
- TRAI DLT Mandates: Customer must be registered as a Principal Entity (PE) on the telecom Distributed Ledger Technology (DLT) platform as mandated under the Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018. All SMS messages transmitted must map strictly to approved Header IDs and Content Templates registered in Customer's name.
- WhatsApp & Meta Business Policies: When utilizing the WhatsApp Business Platform via DialText, Customer must strictly comply with Meta's WhatsApp Business Policy, WhatsApp Commerce Policy, and WhatsApp Technical Provider Guidelines. Any transmission of prohibited goods, services, or unconsented spam will result in immediate API token revocation without refund.
- Prior Verifiable Consent: Customer guarantees that all recipient MSISDNs have provided unambiguous, verifiable prior opt-in consent to receive electronic commercial communications, in full compliance with the DPDP Act 2023.
3. Account Security & API Usage
Customer is solely responsible for maintaining the confidentiality of its API tokens, client secrets, and account credentials. Any transmission originating with Customer's API key will be deemed authorized by Customer. Customer agrees to immediately notify DialText of any suspected compromise or unauthorized API invocation.
4. Service Level Agreement (SLA) & Uptime Commitments
DialText warrants an operational platform availability uptime SLA of 99.99% in each calendar month for our core API ingress clusters, excluding scheduled maintenance windows notified at least 48 hours in advance.
Note: While DialText guarantees immediate dispatch to Tier-1 telecom operators and Meta Cloud API within milliseconds, terminal message delivery to the end device is subject to mobile handset availability, network coverage, and recipient carrier operational status.
5. Prepaid Balances, Billing & Taxes
Services are provided on a prepaid credit balance or enterprise post-paid invoice schedule as agreed in Customer's commercial quotation. All pricing is exclusive of applicable Goods and Services Tax (GST) under Indian tax laws, which shall be charged at the statutory rate of 18% upon invoice generation.
Credits consumed for submitted messages that pass our gateway to telecom operator queues or Meta Cloud API are non-refundable, as upstream telco interconnection fees are incurred immediately upon transmission attempt.
6. Limitation of Liability & Indemnification
To the maximum extent permitted by applicable Indian law, DialText's total aggregate liability arising out of or related to this Agreement shall be limited to the total fees actually paid by Customer to DialText in the three (3) months immediately preceding the event giving rise to the claim.
Customer agrees to defend, indemnify, and hold harmless DialText, its directors, employees, and infrastructure partners against any penalties, TRAI fines, claims, or regulatory damages arising from Customer's breach of DLT regulations, spam transmission, or infringement of third-party privacy rights.
7. Governing Law & Jurisdiction
This Agreement shall be governed by, and construed in accordance with, the laws of the Republic of India. The courts of Mumbai, Maharashtra shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this Agreement.