Terms of Service & API Use Guidelines

1. Acceptance of Terms

By accessing or using StartMessaging's website, APIs, and services (collectively, the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the Service. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

StartMessaging provides developer APIs for sending OTP SMS messages (without DLT registration for eligible use cases), DLT-compliant transactional SMS, WhatsApp Business API messages, and authentication verification services. Access to the service requires a registered account and a pre-funded wallet balance.

3. Account Registration

To use the Service, you must create an account with accurate and complete information. You are responsible for maintaining the security of your account credentials and API keys. You must notify us immediately of any unauthorized access to your account. We are not liable for losses arising from unauthorized use of your account.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. You may NOT use the Service to:

• Send spam or unsolicited messages to contacts who have not opted in
• Send messages containing illegal, threatening, abusive, defamatory, or obscene content
• Impersonate another person or entity
• Conduct or facilitate phishing, smishing, fraud, or any form of deception targeting end users
• Verify phone numbers for illegal purposes, including account takeover, identity fraud, or unauthorized access to third-party systems
• Resell or sublicense API access without written authorization
• Circumvent rate limits or abuse the API

5. SMS & DLT Compliance (India)

For SMS services in India, you acknowledge that messages are sent through DLT-registered routes in compliance with TRAI regulations. You agree to send only transactional messages through our non-DLT routes and to comply with the Telecom Commercial Communications Customer Preference Regulations (TCCCPR). You are responsible for obtaining and maintaining any DLT registrations, Principal Entity (PE) IDs, or template approvals required by TRAI for your messaging use case.

6. WhatsApp Business API Compliance

Your use of WhatsApp messaging is subject to Meta's WhatsApp Business Policy, WhatsApp Commerce Policy, and Meta's Terms of Service. You are responsible for obtaining proper opt-in consent from message recipients and using approved message templates.

7. Billing and Payments

The SMS and OTP verification services operate on a prepaid wallet model. You must maintain a positive wallet balance in INR. Charges are deducted at the rates shown on our pricing page at the time of each API request. Prices may change with 14 days' notice. Approved payment methods are processed securely via our PCI-DSS compliant partner Razorpay. Unused wallet balances can be reviewed for refunds per our Refund Policy.

8. Intellectual Property

The Service, including its software, documentation, APIs, and design, is owned by StartMessaging and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from the Service. Your use of the Service does not grant you any ownership rights.

9. Service Level

We strive for 99.9% API uptime. We are not liable for downtime caused by scheduled maintenance, third-party service outages (Meta, telecom operators), force majeure events, or your misuse of the Service.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STARTMESSAGING'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 3 MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

11. Indemnification

You agree to indemnify and hold StartMessaging harmless from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

12. Termination

Either party may terminate the Service at any time. We may suspend or terminate your account immediately if you violate these Terms or the Acceptable Use policy. Upon termination, your access to the Service will cease and your data will be deleted within 30 days, except as required by law.

13. Governing Law

These Terms are governed by the laws of India. Any disputes shall be resolved in the courts of Haryana, India.

14. Changes to Terms

We may update these Terms with 14 days' notice via email or website notice. Continued use after the effective date constitutes acceptance of the updated Terms.

15. Contact

For legal inquiries: startmessagingdotcom@gmail.com | Phone: +91 6376383348 | WhatsApp: +91 6376383348