Terms & Conditions

Legal Information

I. REGISTRATION

• I. REGISTRATION By completing the registration formalities and making the necessary payments, the User becomes eligible to access the paid services offered on the Site, which include utilizing APIs and the platform collectively known as the “Services.” Registering implies the User’s acceptance of the terms outlined in the ToS, additional terms, and the Privacy Policy that may be in effect from time to time. This also includes agreeing to the applicable terms of payment, either at the time of registration or any subsequent point.

  The User hereby declares and agrees to the following terms:

• (i) All information provided during the registration process, including personal information, must be true, genuine, and accurate. The User is responsible for ensuring the information remains current, complete, and true at all times.

• (ii) The User must maintain and update their registration data to keep it current, complete, and true.

• (iii) The User confirms that they are of legal age (if an individual) and possess the necessary legal standing to enter into a binding contract with SMS2Orbit. Furthermore, the User affirms that they are not barred by applicable laws in India or any other jurisdiction from receiving the Services.

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

  Upon successful registration, the User will be assigned a private User Account, along with a username and password. The User bears full responsibility for the use and activities conducted through their User Account. The User acknowledges that access to the Service depends on verifying the correct username and password. Furthermore, the User accepts sole responsibility for maintaining the confidentiality of their User Account information, including passwords and usernames. The User will be held accountable for any unauthorized use or misuse of their User Account or the Site resulting from a third party utilizing their password or username. The User agrees to promptly inform SMS2Orbit of any known or suspected unauthorized access, use of their Account, or any other security breaches or misuse of the Site. It is important to note that SMS2Orbit is not responsible for any fraudulent activities carried out by any person or other Users of the User’s Account.

  The User acknowledges and accepts that any Credits granted free of charge by SMS2Orbit at the time of Registration or subsequently are also subject to all the terms and conditions outlined in the ToS and other relevant Service Agreements.

  In conclusion, users must familiarize themselves with the Terms of Service, understanding their rights and responsibilities as outlined in this agreement. This includes compliance with additional terms, amendments, the Privacy Policy, and other governing Service Agreements that apply to the services provided by SMS2Orbit through the Site.

II. USAGE

A. General Conditions of Service

1. General Terms

• The User acknowledges that the services provided by SMS2Orbit are restricted to the territory of India and are intended for recipients within India only. It is important for the User to understand and accept this limitation.

  SMS2Orbit retains the right, at its sole discretion, to deactivate the User’s password and/or User Account or suspend the User’s access to any Service without prior notice. Additionally, SMS2Orbit reserves the right to remove or cancel any Content or prevent its distribution without providing an explanation. The User authorizes SMS2Orbit to rely on any data, notice, instruction, or request provided by the User or reasonably believed to be from the User.

  The User acknowledges and agrees that SMS2Orbit acts solely as a facilitator for the Services and shall not be liable or responsible for the Content or any other aspect of such Service.

  SMS2Orbit reserves the right to refuse, deny, or restrict the use of the Services by any User, including terminating the use of any Services by any User without notice and without providing a reason. SMS2Orbit shall not be liable for any consequences arising from such refusal, restriction, or termination of Services.

  Modifications to the Services, including changes in usage or the introduction of new Services, are subject to the ToS and other relevant Service Agreements.

  The User acknowledges that their access to and use of the Site, as well as any Services provided, are at their own risk. The User recognizes that the Service is dependent on telecommunications companies and mobile network providers (Operators), and SMS2Orbit does not guarantee the dependability, accuracy, security, timeliness, or availability of the Site, network, or Services. SMS2Orbit does not make any representations or warranties regarding the condition, suitability, reliability, availability, completeness, security, timeliness, or accuracy of the information, software, Services, and materials on the Site. All such information, software, Services, and materials are provided “as is” without any warranty.

  The User acknowledges and agrees that they are solely responsible for ensuring compliance with the Telecom Regulatory Authority of India’s (TRAI) Telecom Commercial Communications Customer Preference Regulations, 2018 (TRAI Regulations), as well as other applicable regulations, statutes, orders, decisions, or laws related to the use of the Services (Law). The User also acknowledges and agrees to be solely liable, directly or indirectly, for any damage or loss caused to SMS2Orbit, including any violations of the TRAI Regulations or Law, resulting from the misuse of the Services in pushing unsolicited commercial communications to subscribers or any other unlawful activities.

  In conclusion, the User must acknowledge and accept the specific limitations and conditions set forth by SMS2Orbit. This includes the territorial restrictions, SMS2Orbit’s discretion to manage user accounts and content, the User’s responsibility for compliance with laws and regulations, and the acknowledgement of risks associated with using the Site and Services provided by SMS2Orbit.

• The User agrees to defend, indemnify, and hold SMS2Orbit, its affiliates, directors, officers, employees, and other related parties harmless from any losses, damages, legal expenses, actions, or proceedings arising from the User’s violation of the Terms of Service or any third-party rights. This includes but is not limited to the infringement of copyrights, violation of proprietary rights, invasion of privacy rights, or any actions taken by regulatory bodies, Operators, or third parties due to the User’s misuse of the Services provided by SMS2Orbit. The User acknowledges that these obligations will remain in effect throughout the entire duration of their use of the Services and will survive the termination of their relationship with SMS2Orbit or their use of the Site.
• The User acknowledges that SMS2Orbit bears no responsibility, whether implicit or explicit, for the Content uploaded or published by the User on the Site. The User also recognizes that any statements or opinions expressed by them are their own and not representative of SMS2Orbit. If anyone believes that any Content on the Site infringes any laws, they are encouraged to contact SMS2Orbit at business@sms2orbit.in.

• By using the Services, the User acknowledges and agrees that all Software utilized in connection with the Services is the exclusive property of Orbit Communications and its group companies. These Software are protected by Intellectual Property Laws in India and other relevant jurisdictions. The User explicitly agrees not to partake in any activities that involve unauthorized copying, modification, or creation of derivative works from the Software. The User also agrees not to attempt to access the source codes of the Software.

  Furthermore, the User is strictly prohibited from selling, licensing, or transferring any rights to the Software to third parties. The User acknowledges that no rights or ownership of the Software are granted to them.

  Additionally, the User agrees not to engage in any unauthorized actions such as modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any information, Software, services, or benefits obtained from the Site, unless expressly permitted by Orbit Communications.

  The User further acknowledges and accepts that reproducing or redistributing the Software, as well as copying the Software to any other server or location for the purpose of reproduction or redistribution, is strictly prohibited.

  The User explicitly agrees not to engage in any form of decompiling, disassembling, reverse engineering, or any other activities aimed at discovering the trade secrets contained within the Site or any product, Service, or Software provided through the Site.

• The User acknowledges that the right to use any Service is granted exclusively to the User. In the case where the User is a Company, this right extends to its employees. However, it is important to note that any violations of the Terms of Service or any Service Agreement committed by the employees of the Company will be considered as violations by the Company itself. Consequently, the Company shall be held liable to SMS2Orbit for all such violations.
• The User acknowledges and agrees that when using any of the Services, they will not use a name that is misleading or confusing. It is prohibited to impersonate or deceive others regarding one’s identity. Furthermore, the User agrees not to hinder or prevent other Users from exercising their rights on the Site or in relation to any Service. The User should refrain from interfering with or disrupting the Site, its servers, or any connected network.

• The User acknowledges and agrees that they shall not utilize any of the Services provided on the Site to partake in the following activities:

  1. Rent, lease, license, or transfer their rights to any third party without obtaining explicit agreement from SMS2Orbit.
  2. Engage in activities that defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of, or otherwise infringe upon the legal rights (including privacy and publicity rights) of any individual.
  3. Promote or participate in illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, dissemination of unauthorized promotional materials, sending unsolicited emails (including spamming), or involve in multi-level or unlawful marketing campaigns.

   

  • The User acknowledges and agrees that they shall refrain from the following activities when using any of the Services provided through the Site:

    1. Engaging in any actions that harm minors.
    2. Publishing, posting, distributing, disseminating, advertising, or linking to any illegal, inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or adult content, whether it be in the form of text, images, videos, or any other media.
    3. Publishing, posting, distributing, disseminating, advertising, or linking to any software, content, or other material that is protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or any other proprietary rights, unless the User possesses the necessary rights or has obtained proper consent for such actions.
    4. Publishing, posting, distributing, disseminating, advertising, or linking to any software, content, or other material that contains viruses, worms, corrupted files, cracks, or is designed to cause damage or render another person’s computer, hardware, software, security measures, or system inoperable. This prohibition extends to the software and hardware of  and SMS2Orbit its systems.

  • The User agrees and acknowledges that they shall not engage in the following activities involving any of the Services provided through the Site:

    1. Publishing, posting, distributing, disseminating, advertising, or linking to software, content, or other material that constitutes “hate speech,” directed towards an individual or a group based on race, sex, creed, national origin, religious affiliation, sexual orientation, or language.

    2. Selling, offering to sell, distributing, promoting, facilitating, disseminating, or linking to sites involved in the marketing, sales, promotion, facilitation, or distribution of:

    • Firearms, explosives, or ammunition.
    • Liquor or tobacco products.
    • Illegal gambling activities, including gambling related to sporting events.
    • Food that is not properly packaged or does not comply with applicable consumer sale laws.
    • Illicit drugs, pharmaceuticals, and controlled substances.
    • Counterfeit, pirated, or stolen goods.
    • Goods or services that infringe upon or violate third-party rights, including copyright, patent, trademark, rights of publicity, or privacy.
    • Indecent, obscene, or pornographic goods.
    • Registered or unregistered securities.
    • Goods or services that the User is not legally permitted to sell.
    • Goods that are misrepresented or do not actually exist.
    • Fraudulent goods.
    • Goods, services, or activities that would cause SMS2Orbit to violate any law, statute, or regulation, if sold through any of the Services on the site.
    • Any other illegal activities.

  • The User agrees not to engage in the following activities using any of the Services provided through the Site:

    1. Harvesting or collecting information about third parties, including email addresses, without their express consent.

    2. Violating any applicable government laws or regulations.

    The User acknowledges that the Services are provided by SMS2Orbit without any implicit or explicit warranty. Any advice, suggestions, or assistance, whether provided in writing or verbally, by SMS2Orbit to the User, does not imply any warranty from SMS2Orbit. SMS2Orbit cannot be held responsible for any harm resulting from the User’s inability to access or use any of the Services, or for the loss of User Content or any other losses incurred by the User while using the Services.

    The User agrees and acknowledges that it is solely responsible for keeping a copy of their Content. SMS2Orbit disclaims any responsibility for harm resulting from the inability to access the Services, viruses, damaged files, errors, service interruptions, network problems, unauthorized access, data modifications, or any claims of a similar nature. SMS2Orbit reserves the right to modify any or all of the Services at any time, even without notice to the User.

• The User acknowledges and accepts that SMS2Orbit has the right to make changes to any of the Services, including terminating any Service, without prior notice. The User further agrees that SMS2Orbit may bar their access to the Services, the Site, or any services or benefits provided by the Site under certain circumstances.

  SMS2Orbit reserves the right to take such actions if the User violates the Terms of Service or any other applicable Service Agreements, provides untrue representations or warranties, or if SMS2Orbit receives a court order or legal action related to the User’s account.

  Furthermore, if the User violates any of the Terms of Service or applicable Service Agreements, they will forfeit any Credits accrued on the Site, and there will be no refund of any prepaid fees to SMS2Orbit.

• The User acknowledges and agrees that links (if any) within the Site may let the User leave the Site and that the linked sites are not under the control of SMS2Orbit and that SMS2Orbit is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site.

• The User acknowledges and agrees that SMS2Orbit shall not be held liable for any form of damages arising from the use or performance of the Site or any of its Services. These damages include, but are not limited to, direct, indirect, punitive, incidental, special, consequential, or exemplary damages. They also encompass any loss of use, data, accounts, revenues, or profits.

  SMS2Orbit shall not be responsible for any delays or the User’s inability to use the Site or any Service, as well as any related graphics obtained through the Site. The limitation of liability applies to all damages arising from the use of the Site, regardless of the legal theory under which the claim is brought, such as contract, tort, negligence, or strict liability. This limitation holds true even if SMS2Orbit or its suppliers were informed of the possibility of such damages.

  In the event that the User is dissatisfied with any aspect of the Site, the Terms of Service, or any other Service Agreement, their sole and exclusive remedy is to discontinue using the Site and its Services. It is important to note that discontinuing use of the Site does not entitle the User to a refund of any payments made to SMS2Orbit, nor does it grant them the right to make any additional claims against SMS2Orbit.

• The User declares that they are availing the Services for their own use and are not acting as an intermediary on behalf of a third party.

  SMS2Orbit retains the right to suspend the services, with or without notice, in the event of an order or directive from a Statutory Body (State or Central) or Judiciary.

  By using the Services, the User agrees to receive promotional, transactional, and commercial communications from SMS2Orbit via email or SMS.

  I agree to be contacted by SMS2ORBIT or its representative through SMS/Email/Whatsapp or call. This consent will override any registration for NDNC.

   

  2.content

• The User shall be responsible for all Content uploaded, displayed, transmitted or otherwise used on this Site or published and/or distributed through this Site by such User and SMS2Orbit shall have no responsibility or liability whatsoever in respect of such Content. SMS2Orbit reserves the right, but is not obligated, to monitor or to review the Content of the User and to monitor User’s compliance with the ToS. SMS2Orbit reserves the right in its sole discretion to edit, refuse to post or remove any Content which, in the opinion of SMS2Orbit violates the ToS or that SMS2Orbit for any other reason may deem unfit or improper to be used on the Site, at any time without notice to the User.
• The User represents and warrants that all Content uploaded or distributed/transmitted through the Site by it is owned by such User, or that such User is otherwise well entitled to display, sell, market or otherwise use such Content. SMS2Orbit shall not be liable or responsible in any manner whatsoever in respect of any dispute as to the ownership of such Content or in respect of any other dispute, claim, etc. of any nature whatsoever in respect of such Content. The User further agrees to indemnify and continue to hold indemnified SMS2Orbit against any claims of any nature whatsoever in respect of the ownership and use of all such Content.
• All Content uploaded or otherwise used on this site must conform to the content rules, if any, provided by SMS2Orbit from time to time.
• The User acknowledges that SMS2Orbit does not sell the Content, but rather provides a Service to transfer the Content supplied by the User from the web to mobile and other devices. SMS2Orbit does not operate any control, monitor, validation or verification over the Content of the User, and therefore cannot be held responsible for the type of Content which can be found on its platform or transmitted through the platform. However, SMS2Orbit shall not be responsible or liable in any manner whatsoever for the authenticity, ownership, accuracy or for any other claim whatsoever in respect of such Content.

3. Payment Terms

• SMS2Orbit retains the right to charge the User for the use of any Services, and the rate and payment method will be determined by SMS2Orbit. The User acknowledges that SMS2Orbit is not obligated to provide a justification for the amount charged or be liable to the User in any way regarding the Consideration.

  Payment for Services must be made by the User through Credit Card, net banking, or offline modes such as cheque or demand drafts. The User will receive Credits against the payment, which can be utilized to avail Services in accordance with the applicable terms and conditions. The User is required to pay Consideration in advance for the use of Services.

  SMS2Orbit does not provide refunds or returns for any money paid by the User for Services, including the purchase of Credits, unless specifically stated otherwise in these Terms of Service.

  The commercial terms mentioned may be subject to change or modification based on the commercials offered by Network Operator(s) or Statutory Body. Any such changes will be communicated to the User’s registered email address with SMS2Orbit or displayed on the homepage of the SMS2Orbit website.

4. Credits

• In the context of the Services provided by SMS2Orbit:

  A “Credit” refers to one standard short message (SMS) consisting of 160 characters, which will be reflected in the User Account. The term “Credits” should be interpreted accordingly.

  For standard text messages using the GSM 3.38 Character set, the maximum length is 160 characters. However, Users have the ability to send longer SMS messages of up to 918 characters. In such cases, the message is split into smaller SMS and reassembled at the receiving end. The length of each SMS is calculated as 153 characters, as 7 characters are used for concatenation when delivered to the mobile handset.

  Unicode allows for a broader range of characters and includes most character sets worldwide. The standard length of a Unicode message is 63 characters, compared to 160 characters for GSM. Similar to GSM messages, long Unicode messages are supported and are in multiples of 63 characters.

  Once purchased, Credits cannot be refunded, encashed, or redeemed by the User, except for the purpose of availing Services, unless explicitly stated otherwise in the Terms of Service. If the User chooses to close their User Account, any accumulated Credits in that account will immediately expire and become invalid. If SMS2Orbit closes a User Account in accordance with the rights granted under the Terms of Service or any Service Agreements, all accumulated Credits in that User Account will be forfeited. SMS2Orbit shall not bear any monetary or other liability to the User or any other person for the expiration or forfeiture of Credits due to User Account closure.

• Credits cannot be transferred between Users or between User Accounts belonging to the same User. SMS2Orbit has the right to refuse or cancel the sale of Credits to any User at its sole discretion. Additionally, SMS2Orbit may withhold Credits from a User or restrict their usage if it determines, at its sole discretion, that the User is misusing the Services (such as engaging in spamming or phishing activities). Users are prohibited from using the Services for any unlawful activities, including fraudulent transactions, fraudulent communications, phishing, or deceiving individuals or groups with fraudulent intentions.

• SMS2Orbit maintains the right to seize Credits from a User in compliance with the agreement’s terms. Confiscated Credits will be immediately forfeited, and the User will have no further claims or entitlements to the confiscated Credits. Additionally, SMS2Orbit possesses the authority to adjust the number of Credits depending on alterations in the cost of each Credit, resulting from modifications in commercials by the Operator or Statutory Body. Such adjustments may occur without prior notice to the User.

  SMS2Orbit retains the discretion to modify any provisions relating to Credits and alter its policies concerning Credits without prior notification to the User. In such instances, SMS2Orbit will not be held accountable to the User. It is advisable for the User to periodically review the terms of Credit usage to stay informed about any changes in SMS2Orbit’s policies regarding Credits.

5. Governing Law and Jurisdiction

• The User and SMS2Orbit agree that these ToS shall be governed by the laws of India. The User and SMS2Orbit agree that all disputes that may arise from or in connection with the ToS shall be subject to the jurisdiction of the Courts of Hyderabad, Telangana, India.
•  

6. Miscellaneous

• In the event that any provision of these Terms of Service (ToS) is determined to be illegal, invalid, or unenforceable under applicable law, that specific provision or part thereof shall be deemed as not forming a part of these ToS. However, the remaining provisions of these ToS will continue to be legally valid and enforceable.

  These ToS represent the entire agreement between the User and SMS2Orbit concerning the use of the Services, superseding any previous written or oral agreements or understandings between the User and SMS2Orbit pertaining to such use.

  The failure of SMS2Orbit to insist on or enforce strict compliance with these ToS shall not be interpreted as a waiver of any provision or right it has to enforce these ToS in the future. Furthermore, any conduct or interactions between SMS2Orbit and the User, or any other party, shall not modify any provision of these ToS.

  It is important to note that these ToS do not confer any rights or remedies upon third parties and solely govern the relationship between the User and SMS2Orbit.

• The User agrees not to falsely represent themselves as a representative, agent, or employee of SMS2Orbit. SMS2Orbit will not be held responsible for any actions or omissions made by the User in such a capacity. The User acknowledges that the use of the Site or these Terms of Service does not create any joint venture, partnership, employment, or agency relationship between the User and SMS2Orbit.

  The User understands that SMS2Orbit’s performance of this agreement is subject to applicable laws and legal processes. SMS2Orbit reserves the right to comply with governmental, court, and law enforcement requests or requirements concerning the use of the Site or any information provided or collected by SMS2Orbit in connection with such use.

  While SMS2Orbit strives to provide the services with the utmost effort, it does not assume responsibility for any delays in the service provision. Delivery of services is dependent on the cooperation of multiple network operators, and unforeseen inter-operator dependencies may cause delays that are beyond the control of SMS2Orbit.

• Use of Service Numbers
  • (i)The User acknowledges that SMS2Orbit does not guarantee the continued use of any Service Number and that use of such Service Number may be discontinued at any time without notice to the User. If the Service Number of any User is discontinued SMS2Orbit shall make all reasonable efforts to provide such User with an alternate Service Number for the continuation of the Services (Alternate Service Number).
  • (ii)The User agrees that if SMS2Orbit is unable to provide an Alternate Service Number due to any reason whatsoever, SMS2Orbit shall have the right to refund the proportionate amount of Credits paid by the User for the use of the Service Number and such refund of Credits by SMS2Orbit shall fully and finally settle all liabilities and claims whatsoever of the User in this regard. The User further agrees that the liability of SMS2Orbit in the event that SMS2Orbit does not provide an Alternate Service Number to the User shall not under any circumstances be in excess of the proportionate amount of Credits paid by the User in respect of the particular Service Number.
• (e)Promotional Campaigns
• In addition to the General Conditions of Service a User of any of the promotional campaign services (Promotional Campaign) agrees to be bound by the following terms and conditions:
  • The User shall provide SMS2Orbit with a list of recipients (each a Recipient and together the Recipients) of a Promotional Campaign and SMS2Orbit shall, in accordance with the terms and conditions push the relevant Promotional Messages to the gateway of the Operator for forwarding to the Recipients.
  • The User agrees that SMS2Orbit shall only ensure that the Promotional Messages are pushed to the gateway of the Operator through whom such Promotional Messages are transmitted to the Recipients and that SMS2Orbit shall not be required to take any further action and shall not bear any further obligation in respect of such Promotional Messages. SMS2Orbit does not guarantee the receipt of the Promotional Message by the Recipients and shall not be liable in any manner whatsoever for the failure of delivery of the Promotional Messages to any and/or all the Recipients.

  • The User confirms that all recipients listed in the provided recipient list have given their consent to receive the promotional messages. The User warrants that sending promotional messages to these recipients will not violate any applicable laws, including the TRAI regulations. If it is discovered that any recipient has not consented to receiving such content or has objected to it, the User accepts full responsibility and liability. SMS2Orbit will not be held responsible or liable in any way in such cases.

    The User agrees to indemnify and hold SMS2Orbit harmless from any loss, damage, or claims arising from the sending of promotional messages or the use of any other service to recipients who have not given their consent. It is the User’s responsibility to ensure compliance with consent requirements and to bear any consequences resulting from non-compliance.

  • The User agrees that SMS2Orbit reserves the right, but is not obliged, to filter all Promotional Messages and also reserves the right to not push any and/or all Promotional Message to any and/or all Recipients for any reason as SMS2Orbit may, in its sole discretion, deem fit. The User further agrees that SMS2Orbit shall not be liable to the User or any other party in any manner whatsoever in respect of such decisions taken by SMS2Orbit to not push any and/or all the Promotional Messages to any and/or all the Recipients and SMS2Orbit shall also not be liable in any manner whatsoever in the event that it does not filter such Promotional Messages.
  • The User agrees that the relevant Promotional Messages shall be pushed to the gateway of the Operator within the specific time period pre-agreed to between the User and SMS2Orbit.

  • The User acknowledges that it is solely responsible for complying with the TRAI Regulations. It also acknowledges that any misuse of the services provided by SMS2Orbit, such as sending commercial communications to subscribers in violation of the TRAI Regulations, can result in damage or loss to SMS2Orbit.

    In light of this, the User agrees to defend, indemnify, and hold SMS2Orbit, its affiliates, directors, officers, and employees harmless against any losses, damages, actions, proceedings, including legal expenses, arising from any actions taken by statutory bodies or network operators in relation to the User’s misuse of the services. This obligation extends throughout the entire duration of the promotional campaign and even after its expiration or termination. The User understands that they are responsible for indemnifying SMS2Orbit and absolves the company of any liability in such cases.

  • The User acknowledges that in order to terminate a Promotional Campaign, a written request (PC Termination Request) must be submitted to SMS2Orbit. Upon receiving the PC Termination Request, SMS2Orbit will make reasonable efforts to promptly terminate the relevant Promotional Campaign. However, the User understands that it remains responsible for paying all outstanding amounts owed to SMS2Orbit for Services provided between the receipt of the PC Termination Request and the actual termination of the Promotional Campaign.

    In the event that SMS2Orbit is unable to terminate a Promotional Campaign for any reason, the User agrees to fulfill all payment obligations to SMS2Orbit as if no PC Termination Request had been made. It is important to note that SMS2Orbit shall not be held liable to the User under any circumstances, and the User agrees to indemnify and hold SMS2Orbit harmless as specified in the Terms of Service.

• SMS2Orbit’s liability and your sole recourse for any issues related to the Affiliate Program and the Dual Brand Program will be limited to the Commission amount owed to you. Additionally, the user is restricted to sending a maximum of 100 SMS per day via Email2SMS, except for dedicated channel users who are exempt from this limit.

B. APIs

• API service users must adhere to the specific terms and conditions outlined for API usage in addition to the general service conditions.
  

  • The User acknowledges and agrees that they do not have any rights over the APIs provided by SMS2Orbit, and these APIs belong to SMS2Orbit. The User is granted access to the APIs solely for the purpose of utilizing the Services provided by SMS2Orbit.

    The User undertakes not to allow or facilitate the use of the APIs by any person other than themselves without the prior written consent of SMS2Orbit. They also agree not to develop or create any product or service using the APIs for anyone other than themselves, and not to redistribute, reuse, distribute, or sell the APIs or any products or services developed using the APIs.

    If the User wishes to undertake any of the aforementioned actions, they must obtain prior written consent from SMS2Orbit and comply with any additional terms and conditions set by SMS2Orbit at its sole discretion.

    The User acknowledges and accepts that any unauthorized use of the APIs or failure to comply with these terms may result in legal action and termination of access to the APIs and Services provided by SMS2Orbit.

  • The User acknowledges and agrees that they will be solely responsible, directly or indirectly, for any damage or loss incurred by SMS2Orbit due to the misuse of the API or the use of any API in violation of the specified terms.

    The User hereby agrees to defend, indemnify, and hold harmless SMS2Orbit, its affiliates, directors, officers, and employees, without any objection or protest, against any and all losses, damages, actions, proceedings, including legal expenses, arising from any actions taken by any statutory body or the network operator in relation to the misuse of the API. This includes, but is not limited to, breaches of any provisions of the TRAI Regulations or any other applicable laws.

    The User acknowledges their responsibility to indemnify SMS2Orbit in such cases and agrees to continue to indemnify SMS2Orbit against any losses or damages incurred as a result of their actions or misuse of the API, including any legal consequences arising from such misuse.