Terms & Conditions

Last updated: 1 April 2025  |  Effective: 1 April 2025

1. Definitions

• “BookMySMS” / “We” / “Us” / “Our” — refers to BookMySMS, a brand operated by Decipher Consultancy Services, Gurugram, Haryana.
• “Client” / “You” / “Your” — refers to any individual, business, or entity that registers for, accesses, or uses our services.
• “Services” — refers to all communication services offered by BookMySMS, including but not limited to bulk SMS (transactional, promotional, OTP, alert), voice services (OBD, IVR, miss call alert, toll-free), RCS messaging, WhatsApp Business API, AI chatbots, and related APIs.
• “Platform” — refers to the BookMySMS website (www.bookmysms.com), web panel, APIs, and any associated mobile applications.
• “Credits” — refers to the prepaid SMS or service units purchased by the Client for use on our platform.
• “DLT” — Distributed Ledger Technology platform as mandated by TRAI for bulk SMS communication in India.

2. Eligibility

• You must be at least 18 years of age to use our services.
• You must be a registered business entity, proprietorship, partnership, LLP, or company operating in India, or an authorised representative of such entity.
• You must have a valid DLT registration (or agree to obtain one with our assistance) for sending bulk SMS in India as mandated by TRAI.
• By registering, you represent and warrant that the information provided is accurate, complete, and current.

3. Account Registration & Security

• You must provide accurate business details during registration, including company name, GSTIN (if applicable), authorised contact person, email, and mobile number.
• You are responsible for maintaining the confidentiality of your account credentials, API keys, and passwords.
• You must notify us immediately at support@bookmysms.com if you suspect unauthorised access to your account.
• We reserve the right to suspend or terminate accounts that provide false information or violate these terms.
• One account per business entity unless otherwise authorised by BookMySMS.

4. Services & Service Level

4.1 Service Description

BookMySMS provides cloud-based communication services including:

• Transactional SMS — OTP, alerts, notifications, booking confirmations
• Promotional SMS — Marketing messages sent within TRAI-permitted time windows (9 AM – 9 PM)
• OTP SMS — One-time password delivery with priority routing
• Alert SMS — System alerts, critical notifications
• Lead SMS 2.0 — SMS campaigns with integrated landing pages
• Voice Services — OBD calls, IVR, miss call alerts, toll-free numbers
• WhatsApp Business API — Template & session messaging via official API
• RCS Messaging — Rich Communication Services
• AI Chatbots — Automated conversational agents

4.2 Service Availability

• We target 99.9% platform uptime, excluding scheduled maintenance.
• SMS delivery depends on telecom operator networks and is not guaranteed at 100% due to factors beyond our control (DND, network congestion, handset issues).
• We provide real-time delivery reports as received from telecom operators.
• Scheduled maintenance will be communicated at least 24 hours in advance via email or platform notification.

5. TRAI & DLT Compliance

• You must have an active DLT registration on any TRAI-approved DLT platform (Jio, Airtel, Vodafone Idea, BSNL, MTNL, Videocon, or Tata).
• All SMS templates must be DLT-approved before use. You are responsible for registering templates on your DLT portal.
• All Sender IDs (headers) must be DLT-registered and approved.
• Promotional SMS can only be sent between 9:00 AM and 9:00 PM IST as per TRAI rules.
• You must honour DND (Do Not Disturb) preferences. Our system automatically filters DND numbers for promotional SMS.
• You must not send SMS to numbers registered on the National Customer Preference Register (NCPR) unless the content category matches subscriber preferences.
• Content scrubbing is performed automatically to match templates against DLT-approved formats.
• BookMySMS provides free DLT registration assistance but the legal responsibility for compliance lies with you.

6. Acceptable Use Policy

You agree not to use BookMySMS services for:

• Spam: Unsolicited bulk messages without proper consent from recipients.
• Fraud: Phishing, social engineering, impersonation, or any deceptive messaging.
• Illegal content: Messages promoting illegal activities, drugs, gambling (unless licensed), weapons, or violence.
• Harassment: Threatening, abusive, defamatory, or obscene messages.
• Political messaging: Political campaign messages without required permissions and disclosures.
• Financial fraud: Fake loan offers, investment scams, or misleading financial claims.
• Data harvesting: Using SMS to collect personal data without proper consent under the DPDP Act.
• Malware distribution: Messages containing links to malware, viruses, or malicious software.
• Circumvention: Attempting to bypass DLT, DND, or TRAI regulations through any means.
• Reselling: Reselling or sublicensing our services without prior written agreement.

Violation of this acceptable use policy will result in immediate account suspension without refund, and we may report violations to TRAI and law enforcement authorities.

7. Pricing, Billing & Credits

7.1 Pricing

• Services are offered on a prepaid credit basis unless a custom enterprise agreement is in place.
• Prices are as quoted on our website, proposals, or invoices at the time of purchase.
• All prices are in Indian Rupees (INR) and exclusive of GST (18%) unless stated otherwise.
• We reserve the right to revise pricing with 30 days prior notice to existing clients.

7.2 Payment Terms

• Prepaid credits must be purchased before service use.
• Payments can be made via bank transfer (NEFT/RTGS/IMPS), UPI, credit card, debit card, or other modes displayed at checkout.
• Enterprise clients with approved credit terms must settle invoices within the agreed payment cycle (typically 15–30 days).
• Late payments may attract interest at 1.5% per month on outstanding amounts.

7.3 Credit Validity

• Purchased SMS credits are valid for 12 months from the date of purchase unless otherwise specified in your plan.
• Expired credits are non-refundable and will be forfeited.
• Credits are non-transferable between accounts unless authorised by BookMySMS.

7.4 Invoicing

• GST-compliant tax invoices will be issued for all purchases and available for download from your account panel.
• You are responsible for providing accurate GSTIN and billing details for proper invoicing.

8. Refund & Cancellation

Please refer to our comprehensive Refund & Cancellation Policy for detailed terms regarding refunds, service cancellation, and credit adjustments.

9. Data Protection & Privacy

Your use of our services is also governed by our Privacy Policy, which details how we collect, process, and protect your personal data in compliance with the Digital Personal Data Protection Act, 2023.

9.1 Your Obligations as a Data Fiduciary

When you use BookMySMS to send messages to your end-users/customers, you act as the Data Fiduciary for your customer data. You are responsible for:

• Obtaining proper consent from your recipients before sending messages, as required by the DPDP Act and TRAI regulations.
• Maintaining an up-to-date consent registry and being able to demonstrate consent if challenged.
• Honouring opt-out/unsubscribe requests from your recipients promptly.
• Ensuring the content of messages does not violate any data protection laws.
• Not uploading or transmitting sensitive personal data (health, financial, biometric) via SMS without adequate safeguards.

9.2 Our Role as Data Processor

BookMySMS acts as a Data Processor when delivering messages on your behalf. We:

• Process recipient data only for the purpose of delivering your messages.
• Do not use recipient phone numbers or message content for our own marketing or profiling.
• Retain delivery logs for 90 days for reporting and dispute resolution, then securely delete them.
• Implement appropriate technical and organisational security measures.

10. Intellectual Property

• The BookMySMS name, logo, website design, platform, APIs, documentation, and all related intellectual property are owned by Decipher Consultancy Services.
• You may not copy, modify, distribute, or reverse-engineer any part of our platform without written permission.
• You retain ownership of your content (SMS templates, contact lists, creative assets) uploaded to our platform.
• You grant us a limited, non-exclusive licence to use your content solely for the purpose of delivering the requested services.

11. API Terms

• API access is provided “as is” and subject to fair usage limits as documented in our API documentation.
• API keys are confidential. Sharing API keys or using them in client-side/public code is prohibited.
• We reserve the right to rate-limit or suspend API access if usage patterns suggest abuse, security risk, or excessive load.
• We may update API endpoints, parameters, or response formats with reasonable notice. Backward compatibility is maintained where feasible.
• You are responsible for implementing proper error handling in your API integrations.

12. Limitation of Liability

• BookMySMS shall not be liable for any indirect, incidental, consequential, or punitive damages arising from use of our services.
• Our total liability for any claim shall not exceed the amount paid by you for services in the preceding 3 months.
• We are not liable for:
  • SMS delivery failures caused by telecom operator networks, DND filtering, or recipient handset issues.
  • Losses arising from your non-compliance with TRAI/DLT regulations.
  • Losses arising from unauthorised access to your account due to your failure to secure credentials.
  • Force majeure events including natural disasters, government actions, internet outages, or telecom network failures.

13. Indemnification

You agree to indemnify and hold harmless BookMySMS, Decipher Consultancy Services, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these terms or applicable laws.
• Your non-compliance with TRAI, DLT, or DPDP Act requirements.
• Content of messages sent through our platform.
• Claims from your end-users or third parties regarding messages sent via our services.

14. Account Suspension & Termination

14.1 By BookMySMS

We may suspend or terminate your account:

• Immediately — for violation of acceptable use policy, TRAI non-compliance, fraud, or illegal activity.
• With 7 days notice — for non-payment, inactivity exceeding 12 months, or breach of other terms.
• Without notice — if required by law enforcement or regulatory authority.

14.2 By You

• You may request account closure at any time by emailing support@bookmysms.com.
• Unused credits at the time of voluntary closure are subject to our Refund Policy.
• Upon termination, we will retain your data as per the retention periods in our Privacy Policy and then securely delete it.

15. Dispute Resolution

• All disputes shall first be attempted to be resolved amicably through negotiation within 30 days.
• If unresolved, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Gurugram, Haryana.
• The arbitration shall be conducted in English by a sole arbitrator mutually appointed by both parties.
• These terms are governed by the laws of India. Courts in Gurugram, Haryana shall have exclusive jurisdiction.

16. Force Majeure

Neither party shall be liable for failure to perform obligations due to events beyond reasonable control, including but not limited to natural disasters, war, terrorism, pandemic, government orders, internet backbone failures, telecom network outages, power grid failures, or DDoS attacks. The affected party must notify the other party within 48 hours and make reasonable efforts to mitigate the impact.

17. Modifications to Terms

• We reserve the right to modify these Terms & Conditions at any time.
• Material changes will be notified via email to registered clients at least 30 days before they take effect.
• Updated terms will be published on this page with a revised “Last updated” date.
• Continued use of our services after changes take effect constitutes acceptance of the revised terms.

18. Severability

If any provision of these Terms & Conditions is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms & Conditions, together with our Privacy Policy, Refund Policy, and Cookie Policy, constitute the entire agreement between you and BookMySMS regarding the use of our services, superseding any prior agreements or understandings.

20. Grievance Officer

In compliance with the DPDP Act 2023 and the Information Technology Act, 2000, we have appointed a Grievance Officer to address your concerns:

If you are not satisfied with our response, you may lodge a complaint with the Data Protection Board of India as established under the DPDP Act 2023.

21. Contact Us

For any questions about these Terms & Conditions:

• Email: support@bookmysms.com
• Phone: +91-9911202099
• Address: 295, Block C, Sushant Lok III, Sector 57, Gurugram, Haryana – 122003