Terms & Conditions

Please read the following Terms and Conditions of Use (the “Agreement”) carefully before accessing or using any services, features, or connectivity (collectively, the “Services”) made available by SMS Dekho, a product of Deshana Enterprises Private Limited (“Company,” “We,” “Us,” or “Our”). By accessing or using the Services — whether via smsdekho.com, deshanait.com, or any related platform — you (“Client” or “User”) acknowledge that you have read, understood, and irrevocably agree to be bound by this Agreement and all policies incorporated herein by reference, including our Privacy Policy.

If you do not agree with any part of this Agreement, you must cease access to and use of the Services immediately. Continued use constitutes unconditional acceptance of all terms herein.

1. Definitions

For the purposes of this Agreement, the following terms shall bear the meanings assigned to them below:

• "Client" means any business entity, organisation, or individual that has registered for and uses the Services under a commercial agreement with SMS Dekho.
• "User" means any natural person accessing the Services on behalf of a Client.
• "Services" means the SMS gateway, WhatsApp messaging, email, voice, and all related communication and analytics features provided by SMS Dekho through its platforms.
• "Platform" means the web-based interface, APIs, and associated software made available at smsdekho.com and deshanait.com.
• "Content" means all messages, data, files, and materials submitted or transmitted through the Services.

2. Acceptance of Terms and Eligibility

Use of the Services constitutes full and binding acceptance of this Agreement. The Services are available exclusively to entities and individuals who are legally capable of entering into enforceable contracts under applicable law. By registering for or using the Services, you represent and warrant that (a) you have the legal authority to enter into this Agreement on your own behalf or on behalf of the entity you represent; (b) all information provided during registration is accurate and current; and (c) your use of the Services will comply with all applicable laws and regulations.

3. Cancellation Policy

SMS Dekho is committed to supporting its Clients. However, we reserve the right to suspend, restrict, or terminate your access to the Services, with or without prior notice, in the event of any actual or suspected misuse, violation of this Agreement, or conduct that we reasonably determine to be harmful to the integrity of the Services, other users, or third parties.

You may cancel your account and subscription at any time by providing written notice to us via email. Upon cancellation:

• Access to the Platform will be suspended upon the conclusion of the current billing cycle or the expiry of purchased credits, whichever occurs first.
• Any unused SMS credits remaining in your account at the time of cancellation shall be forfeited and will not be refunded, unless a separate written agreement expressly provides otherwise.
• All obligations that accrued prior to the effective date of cancellation shall survive termination.

4. Use of Information Submitted

All information provided by you during registration and throughout the course of your use of the Services must be accurate, complete, and kept current. You agree to promptly update your account information in the event of any changes.

4.1 Accuracy and Confidentiality

The username, email address, mobile number, and any other personal or business information you submit must be truthful and verifiable. All such details are held in strict confidence by SMS Dekho and shall be used exclusively for official, operational, and service-related purposes.

4.2 Communications Consent and DND Override

By registering an account, completing any contact or inquiry form on our Platform, subscribing to our newsletter or any promotional communications, or otherwise voluntarily providing your contact information through any channel operated by SMS Dekho, you expressly and irrevocably grant SMS Dekho and its affiliated entities the right to contact you through SMS, voice calls, email, and WhatsApp messaging for purposes including but not limited to account authentication, service updates, transactional notifications, marketing communications, and promotional offers.

Critically, by virtue of such voluntary submission of your contact information, you acknowledge and agree that the communications described above may be transmitted to you irrespective of whether your mobile number is registered on any Do Not Disturb (DND) or National Customer Preference Register (NCPR) list maintained by the Telecom Regulatory Authority of India (TRAI) or any equivalent authority. The consent granted herein constitutes a lawful basis for such communications under applicable TRAI regulations and the Information Technology Act, 2000, and supersedes any general DND preferences registered by you with your telecom service provider, to the fullest extent permissible under law.

For clarity: by filling any form, subscribing to our newsletter, or submitting your contact information on any SMS Dekho platform, you are providing explicit opt-in consent for us to reach you regardless of DND registration, consistent with applicable law.

4.3 Opt-Out Rights

While the consent granted in Section 4.2 is broad, you retain the right to withdraw consent for marketing communications at any time by contacting us in writing at sales@smsdekho.com. Please note that transactional, service-related, and account communications are necessary for the proper operation of your account and may not be opted out of while your account remains active. Withdrawal of consent for marketing communications will not affect the lawfulness of any communications already sent prior to such withdrawal.

5. Service Usage Policy

By using the Services, you agree to comply with all applicable local, national, and international laws, regulations, and regulatory guidelines — including but not limited to those issued by TRAI, the Ministry of Electronics and Information Technology (MeitY), and any other competent authority. You are solely and entirely responsible for all acts, omissions, and Content arising from your use of the Services.

5.1 Prohibited Uses

You expressly agree not to use the Services to:

• Transmit, distribute, or publish any content that is unlawful, defamatory, harassing, abusive, threatening, obscene, sexually explicit, racially discriminatory, or otherwise objectionable.
• Send unsolicited commercial communications (spam) to recipients who have not provided their explicit, verifiable consent to receive such messages.
• Impersonate any person, entity, or brand, or otherwise create a false identity or misrepresent your affiliation.
• Promote alcohol, gambling, adult content, deceptive schemes, or any category of content that is barred under TRAI or any other applicable regulatory framework.
• Harvest, collect, or process personal data of third parties without their knowledge and consent.
• Introduce malicious code, viruses, or any software designed to disrupt, damage, or gain unauthorised access to any system.
• Circumvent, disable, or otherwise interfere with security-related features of the Platform.
• Use the Services for any purpose other than legitimate commercial communication.

5.2 Content Responsibility and Indemnity

SMS Dekho acts solely as a conduit for the transmission of your Content and expressly disclaims all responsibility for the Content of messages sent by Clients. You shall indemnify, defend, and hold harmless SMS Dekho, its directors, officers, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Services; (b) any Content transmitted through your account; (c) your breach of this Agreement; or (d) any infringement by you of any intellectual property, privacy, or other rights of any third party.

5.3 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account. You agree to notify SMS Dekho immediately upon becoming aware of any unauthorised use of your account or any other breach of security. SMS Dekho shall not be liable for any loss or damage arising from your failure to comply with this obligation.

6. Service Delivery and Technical Limitations

SMS Dekho delivers messages through major telecom operators and Mobile Network Operators (MNOs). Delivery is subject to technical constraints, network availability, and the policies of the relevant MNO. SMS Dekho shall use commercially reasonable efforts to deliver your messages promptly and accurately; however, we make no warranty as to delivery times, delivery rates, or uninterrupted availability of the Services.

• Messages that cannot be delivered within the validity period assigned by the relevant MNO will be discarded without notice.
• SMS Dekho does not refund credits for undelivered messages arising from network errors or MNO-side failures, as such delivery is outside our direct control.
• Transmission logs maintained by SMS Dekho shall be deemed prima facie accurate and valid records of all sent messages, unless an internal technical investigation produces contrary evidence.
• SMS messages are transmitted unencrypted. SMS Dekho recommends that sensitive or confidential information not be communicated via SMS and shall not be liable for any unauthorised interception of transmitted content.

7. Credits, Payments, and Refund Policy

All purchases of SMS credits or service subscriptions are final. SMS Dekho operates a strict no-refund policy, except where expressly required by applicable law or as separately agreed in writing.

• Account balances and purchased credits are non-refundable and do not accrue interest.
• All credits must be consumed within the validity period from the date of purchase. Credits that are not utilised within this period will expire and shall not be carried forward unless a separate written contract provides otherwise.
• Wallet balances or credits will lapse if the associated account remains inactive for a continuous period of twelve (12) months.
• Pricing is subject to revision from time to time in accordance with amendments to TRAI regulations, telecom operator tariffs, government directives, or other valid business reasons. SMS Dekho shall endeavour to provide reasonable advance notice of material pricing changes.

8. Intellectual Property

All intellectual property rights in and to the Platform, including but not limited to the software, code, user interface, design, trademarks, service marks, logos, and all other proprietary materials of SMS Dekho and Deshana Enterprises Private Limited, are and shall remain the exclusive property of the Company. Nothing in this Agreement shall be construed as granting you any licence, right, title, or interest in or to any of the Company’s intellectual property, other than the limited right to use the Services as expressly set out herein.

You agree not to copy, reproduce, distribute, reverse-engineer, decompile, create derivative works from, or otherwise exploit any part of the Platform or its proprietary components without the Company’s prior written consent.

9. Limitations of Liability

To the fullest extent permitted by applicable law, SMS Dekho, its parent, subsidiaries, affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with your use of or inability to use the Services, regardless of whether such damages were foreseeable or whether SMS Dekho was advised of the possibility of such damages.

In no event shall SMS Dekho’s aggregate liability to you for all claims arising under or in connection with this Agreement exceed the total amount paid by you to SMS Dekho in the three (3) months immediately preceding the event giving rise to the claim.

The Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to this Agreement or the Services shall be subject to the exclusive jurisdiction of the competent courts located in Jaipur, Rajasthan, India.

Prior to initiating any legal proceedings, both parties agree to attempt to resolve any dispute amicably through good-faith negotiations. If the dispute is not resolved within thirty (30) days of written notice, either party may pursue formal legal remedies.

11. Modification of Terms

SMS Dekho reserves the right, at its sole discretion, to amend, modify, or replace any part of this Agreement at any time. Changes will be effective upon posting of the revised Agreement to the Platform. We will make reasonable efforts to notify registered users of material changes via email or in-Platform notification. Your continued use of the Services after any modifications constitutes your acceptance of the revised terms. If you do not agree with any changes, you must discontinue your use of the Services in accordance with the cancellation procedure set out in Section 3.

12. Termination

12.1 Termination by SMS Dekho

SMS Dekho reserves the right to suspend, restrict, or permanently terminate your access to the Services, with or without cause and with or without notice, if we determine that you have violated any provision of this Agreement, engaged in conduct that is harmful to other users or third parties, or if required to do so by applicable law or a competent authority. In the event of termination for cause, SMS Dekho shall not be obligated to refund any outstanding credits or prepaid amounts.

12.2 Termination by Client

You may terminate this Agreement at any time by providing written notice to SMS Dekho via email. Termination will take effect upon confirmation from SMS Dekho. All accrued obligations, including outstanding payments and indemnity provisions, shall survive termination.

12.3 Effect of Termination

Upon termination of this Agreement for any reason: (a) all rights granted to you under this Agreement shall immediately cease; (b) you must promptly discontinue all use of the Services; (c) any data stored in your account may be deleted in accordance with our data retention policy. Clauses that by their nature should survive termination shall do so, including but not limited to Sections 5.2, 8, 9, 10, and 12.3.

13. General Provisions

13.1 Entire Agreement

This Agreement, together with the Privacy Policy and any additional terms incorporated by reference, constitutes the entire agreement between you and SMS Dekho with respect to the subject matter hereof and supersedes all prior agreements, understandings, and negotiations.

13.2 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

13.3 Waiver

No failure or delay by SMS Dekho in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy.

13.4 Force Majeure

SMS Dekho shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, government action, natural disasters, network failures, or acts of telecom operators.

14. Contact Information

For questions, legal notices, or correspondence regarding this Agreement, please contact us at:

SMS Dekho
Email: sales@deshanait.com | sales@smsdekho.com
Web: deshanait.com | smsdekho.com