This is a legally valid agreement that lays out the terms and conditions for the use of all
which comes under sms2.swaysolutions.com Service agreed by you.
The usage of the service is limited under all the terms & conditions herewith published.
This agreement shall be governed by the rules and regulations of the authorities of the
Please read this agreement carefully.
All notices under this agreement will be considered as written and have been duly signed
same is electronically confirmed.
SERVICE USAGE POLICY
You agree to abide by all applicable local, national and international laws and regulations.
You are solely responsible for all acts or omissions that occur under your account,
content of the messages transmitted through the service.
The SMS service that sends/receives messages to/from mobile phones is maintained by TEAM
The utilization of the SMS service is subject to the following Terms of Service.
LIMITATION OF LIABILITY
- Any illegal use of the SMS service is strictly prohibited.
- Messages containing sexual, racist or discriminatory content or any such
of them may be considered as harassment and you are to be held responsible for this.
TEAM sms2.swaysolutions.com does not assume any liability for the
of messages sent.
- TEAM sms2.swaysolutions.com will be exempt from
that may arise from third parties as a result of message content.
- You guarantee that the content of any SMS always respects and does not
way conflict with fundamental human rights or will follow the norms of Intellectual
Right laws. (E.g. right to privacy, prohibition of discrimination on any ground such as
race, color, language, religion, political or other opinion, national or social origin).
- You accept that the service is provided for professional use only and
not to use it to:
- Promote alcohol, music, dancing, dating, gambling or deception.
- Send unsolicited messages (i.e. mobile spam) and to therefore
that your messages are only sent to individuals that have given you their
- Harvest, or otherwise collect information about others, without
- Mislead others as to the identity of the sender of your
creating a false identity, impersonating the identity of someone/something else
providing contact details that do not belong to you.
- Transmit, associate or publish any unlawful, racist, harassing,
libelous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar,
otherwise objectionable material of any kind. As a general guideline, if your
not suitable for ages 13+, it most likely goes against our Usage Policy.
- Transmit any material that may infringe upon the intellectual
rights of third parties including trademarks, copyrights or other rights of
- Transmit any material that contains viruses, Trojan horses,
bombs, cancel-bots or any other harmful/deleterious programs.
- Interfere with, or disrupt, networks connected to the service or
the regulations, policies or procedures of such networks.
- Attempt to gain unauthorized access to the service, other
computer systems or networks connected to the service, through password mining
- Interfere with others use and enjoyment of the service.
- Engage in any other activity that Team
sms2.swaysolutions.com believes could subject it to
liability or civil penalty/judgment.
- You acknowledge that TEAM sms2.swaysolutions.com
SMS messages via major telecom operators and can therefore only influence the delivery
transmission of SMS messages within the technical constraints imposed.
SMS messages submitted via Internet will be transferred to mobile network providers,
that the recipient's phone is switched on and doesn't have a full memory and is located
area covered by its subscribed mobile network provider.
You acknowledge that, depending on the recipient's mobile provider service, it may not
possible to transmit the SMS message to the recipient successfully.
- Your SMS balance is subject to change as per operator pricing and policies, incase of
any change in pricing of SMS, you would need to pay the difference in amount or your existing balance
will be adjusted as per the new pricing.
- You are responsible for the privacy and storage of the user-name and
You agree that all activities made through your account are legally bonded to you.
- TEAM sms2.swaysolutions.com neither claims nor
the availability or performance of this service and accepts no liability for
or message failures. While TEAM sms2.swaysolutions.com makes
to deliver messages promptly.
- TEAM sms2.swaysolutions.com doesn't refund the
for undeliverable SMS messages to you because we cannot guarantee delivery of the SMS
to recipients due to possible errors.
TEAM sms2.swaysolutions.com debits transmitted SMS messages
its transmission logs.
These logs are deemed correct and valid even if the customer has objected to the
the accounting records, except if investigation by TEAM
sms2.swaysolutions.com has produced evidence of a technical
- TEAM sms2.swaysolutions.comreserves the right to
you from using this service, refunding you any remaining amount in your account.
All purchases must be considered as final, in compliance with our no refund policy.
- The SMS account balance is non-refundable and does not bear interest.
SMS must be used in the validity period from the date of the purchase and no carry
the credits will be made unless otherwise defined in a separate contract.
- You under take the whole responsibilities regarding the messages sending
sms2.swaysolutions.com services from your account, which are
as per your request.
- You shall indemnify and reimburse TEAM
sms2.swaysolutions.com all liabilities, costs, losses and
case of any claim brought against TEAM sms2.swaysolutions.com
third party due to breach of contract.
Whilst we will take all reasonable steps to deliver your messages to recipients as
fast as possible, we cannot commit to, or guarantee, a specific delivery time. Such times
depend on various network and system-related factors among the various entities involved
in the transportation of your messages across the cellular mobile networks.
MODIFICATION OF TERMS
Furthermore, delivery reports and the originator are operator dependant features and so it
is not possible for us to give 100% guarantees for their availability. We recommend that
tests should be conducted beforehand when these features are considered to be of high
You acknowledge that as we send and receive text-messages via major telecommunications
companies and Mobile Network Operators, our influence over the transmission of your messages
is within the technical constraints imposed upon us.
Our responsibility is therefore to ensure that the text-messages you send through the
are processed correctly and delivered to the assigned entity. We are not responsible for the
final delivery of the message, as this is out of our control and is the responsibility of
the Mobile Network Operator.
SMS that cannot be delivered within the life span allocated to them, either by us or a
Network Operator will be discarded by the Mobile Network Operator, without any notice. We
not liable for any loss incurred by the failure of a message to be delivered and you
that damages for financial or other loss resulting from delivery failure cannot be claimed
Team sms2.swaysolutions.com.Furthermore, you agree that message
have zero value.
You also acknowledge that text-messages are transmitted unencrypted and that eavesdropping
mobile phone communications, including SMS delivery, by third parties is possible. We also
recommend that you ensure sensitive and valuable information is communicated by a number of
Furthermore, use of the service and the Internet is at its own risk and that the service is
provided 'as is' and 'as available', without any warranties or conditions whatsoever,
or implied. We will use all commercially reasonable efforts to make access to the service
through the required access protocols, but make no warranty or guarantee that you will be
access the service at any particular time or any particular location. Without limiting the
of the terms set forth, we and our affiliates, agents, content providers, service providers,
Hereby disclaim all express and implied warranties as to the accuracy, completeness,
non-infringement, merchantability or fitness for particular purpose of the service
any content or
services contained therein, as well as all express and implied warranties that the operation
service generally and any contentor services contained therein will be uninterrupted or
Shall in no event be liable for any inaccuracy, error or omission in, or loss, injury or
caused in whole or in part by failures, delays or interruptions of the service generally,
any aspect ancillary thereto; you agree to indemnify us for any third party claims arising
such failures, delays or interruptions in connection with regard to the use of the service.
Notwithstanding anything to the contrary contained herein, the provisions outlined above are
the benefit of Team sms2.swaysolutions.com and its affiliates,
and service providers and each shall have the right to assert and enforce such provisions
directly on its own behalf.
We frequently update, modify and otherwise continually seek to improve the
and such changes often dictate that we simultaneously modify the terms and conditions of
such, we have the right to modify the terms of this agreement and to change or discontinue
aspect or feature of our service, in either case, as it deems reasonably necessary. If you
agree with any such changes, your use of the service may be cancelled in accordance with the
procedures for cancellation set forth in this agreement. You acknowledge your responsibility
review this agreement from time to time and to be aware of any such changes and, should you
we will be happy to keep you informed if/when such changes take place.
Furthermore, you accept that should there be a contradiction between other specific terms &
conditions and these general terms & conditions, the other specific terms & conditions shall
If at any time you breach the terms & conditions of the service, we may elect
suspend, terminate and/or cancel this agreement and/or recover any damages from you arising
event(s) giving rise to the suspension, termination or cancellation. We reserve the right to
your service at any stage for any reason we may deem necessary to continue to provide any of
services in a way that may be hindered by your status as being our client, your financial
the content of the messages originating from you.
Upon any such termination, cancellation and/or suspension, you are still responsible for any
obligations then accrued. Payment and other obligations under this agreement are not
stayed, or otherwise affected by a suspension of access to / or use of the service (in whole
part) where said suspension arises from your failure to comply with, or violation of, the
this agreement or of any law or legal obligation. Upon termination and/or cancellation, for
reason, you agree to immediately cease using the service and we shall have no obligation to
after any termination or cancellation of this agreement.
You are also free to terminate or cancel this agreement at any time, and for any reason. For
termination or cancellation to be effective however, you must inform us in writing through
you will still be under the responsibilities of this agreement for the duration that you
service and you will cease to have access to the use of any credits that may exist in your
Our terms and conditions are subject to change according to TRAI rules and
Internet is penetrated seamlessly into most business activity. We provide business services instantly on the web.
By Using our Service (hereinafter "the Service"), the user accepts to use it in compliance with the Anti-Spam
As per the Agreement, you have subscribed to transmission of Promotional and Transactional Messages to Customers
via our Application/SMPP/XML/HTTP API.
During the term of the Agreement you shall strictly comply with the applicable for the content from the telecom
rules and regulations.
Content: you shall strictly comply, applicable with the SMS Messages and agree that SMS content as stated in the
below points shall not be not sent.
- Any virus and malicious code that might disrupt, disable, harm, erase memory of, or otherwise impede
operations, or functions of any software, hardware, wireless device, computer or any network.
- Any vulgar, obscene content, adverse, offensive / derogatory reference to (i) corporations or brands; (ii)
any personality, living or dead; (iii) communities, living or extinct; (iv)to any city, building,
geographical feature, etc. that can be singularly / uniquely identified in the world; (v) gender and (vi)
physical / racial attributes.
- Any content, which is lascivious or appeals to the prurient interest or the effect whereof, is such as to
tend to deprave or corrupt any person.
- Any content, the presentation, dissemination or disclosure whereof, infringes any intellectual property
right or confidentiality obligation.
- Any content which in our sole discretion, declares to be opposed to standards of morality or decency, or to
be opposed to public policy or any adverse, offensive / derogatory reference to our or any other companies,
organizations, religious associations, political parties, governments (state and central), anyone's private
life, any other commercial and non-commercial entities.
- Any content that that violates the requirements of any network operator that we use to provide the
- Any content that is false, inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or
- Any content that harms minors or any other persons in any manner.
- Any content that can be construed as any unsolicited or unauthorized advertising, promotional materials,
"junk mail", "spam", or any other forms of solicitation.
- Any act dealt recognized from one of the above or any other such will be considered a serious issue and will
result in the immediate disablement of our service without any refund.