1. Parties and definitions
These Terms of Service (“Terms”) are a legally binding agreement between you (“Customer”, “you”, “your”) and WoWSQL Technologies Private Limited (“Company”, “we”, “us”, “our”), operating the WoWSmS platform at https://wowsms.in (the “Service” or “Platform”).
“End User” means a person who receives or sends a message through channels you use on the Platform (SMS, RCS, or WhatsApp). “Meta” means Meta Platforms, Inc. and its affiliates, including WhatsApp.
2. Acceptance
By registering, accessing the dashboard, calling our APIs, purchasing credits, or otherwise using the Service, you represent that you have authority to bind the business entity you act for, and that you accept these Terms and our Privacy Policy.
If you do not agree, do not use the Service. We may update these Terms; continued use after the updated effective date constitutes acceptance.
3. The Service — what we provide
Subject to these Terms and applicable law, WoWSmS provides:
- Bulk SMS sending with Indian DLT-oriented workflows (entity / PE ID, sender headers, content templates) and credit-based usage
- RCS messaging where enabled through our upstream partners
- WhatsApp Business messaging via Meta WhatsApp Cloud API / Business Platform integrations (templates, session messages, webhooks, Tech Provider–style onboarding where offered)
- Customer dashboard: wallets/credits, campaigns, reports, API keys, DLT & sender management, and account settings
- Developer APIs for programmatic send and account operations
Features may depend on your plan, credit balance, approval status, Meta / operator permissions, and geographic availability.
4. What we do not provide / guarantee
- We are not a bank, escrow agent, or telecom licensee in place of licensed operators; we facilitate messaging through partners and platforms
- We do not guarantee 100% delivery, read rates, or Meta template approval; operators and Meta apply independent policies, spam filters, and rate limits
- We do not provide legal advice on DLT, consent, or spam law — you remain responsible for compliance of your campaigns
- We do not control Meta Business Manager, WhatsApp Business Account ownership decisions, or App Review outcomes for your own Meta apps (except where we expressly operate as your Tech Provider under a separate written arrangement)
- Temporary maintenance, partner outages, or force majeure may interrupt the Service
5. Account registration and security
- You must provide accurate registration information and keep it updated
- You are responsible for safeguarding passwords and API keys; do not share them. You are liable for activity under your credentials
- Notify us promptly at support@wowsms.in of any suspected unauthorised access
- We may suspend accounts that appear compromised, abusive, or in breach of these Terms
6. Credits, fees and payments
- Messaging is typically prepaid via wallet credits or plans shown in the dashboard
- Payments are processed by our payment partner (e.g. Razorpay). Failed, chargebacked, or fraudulent payments may result in credit reversal and account suspension
- Prices, channel rates, and taxes (including GST where applicable) may change; the rate applicable at purchase / send time governs unless otherwise agreed in writing
- Unused credits are generally non-refundable except where required by law or expressly stated by us in writing
- You authorise us to deduct credits for successful and attempted sends as reflected by our and our partners’ systems
7. Customer responsibilities — content and compliance
You represent and warrant that:
- You have all required rights, consents, and registrations to send communications to End Users (including TRAI DLT registrations for Indian commercial SMS where applicable)
- Your content complies with applicable law, including anti-spam, consumer protection, IT Act / DPDP obligations, and sector rules
- You will not send unlawful, deceptive, harassing, defamatory, adult, or prohibited content; or content that infringes IP or privacy rights
- For WhatsApp, you comply with Meta’s WhatsApp Business Messaging Policy, Commerce Policy, and Cloud API / Business Platform terms, including template category rules and opt-out handling
- Recipient lists are accurate and lawfully obtained; you will honour opt-outs and Do-Not-Disturb / preference regimes that apply to you
We may refuse, throttle, or suspend traffic that appears non-compliant or that triggers partner / Meta enforcement.
8. Prohibited uses
You must not:
- Use the Service for phishing, malware distribution, social engineering, or fraud
- Attempt to bypass rate limits, security controls, or DLT / Meta policy gates
- Reverse engineer, scrape, or overload the Platform except as allowed by documented APIs
- Resell the Service as a white-label without our written consent (unless your plan expressly permits reseller use)
- Misrepresent affiliation with Meta, WhatsApp, telecom operators, or WoWSmS
- Process special-category / sensitive data through messaging fields unless you have a lawful basis and appropriate safeguards
9. Meta / WhatsApp specific terms
- WhatsApp features require a valid WhatsApp Business Account, approved phone numbers, and (where needed) approved message templates
- Meta may independently approve, reject, restrict, or disable assets; WoWSmS is not liable for Meta decisions
- If we act as a Tech Provider or Solution Partner for your WABA, you must cooperate with Meta App Review, data-handling, and deletion requirements
- End-user data obtained via WhatsApp APIs must be used only as permitted by Meta policies and our Privacy Policy
- Data deletion instructions for users: https://wowsms.in/data-deletion/request
10. DLT and Indian commercial SMS
For Indian SMS, delivery may require valid PE / Entity ID, approved Sender ID (header), and matching Content Template ID registered on a TRAI DLT portal. You are solely responsible for the accuracy of IDs you submit and for keeping DLT registrations in good standing. We may reject sends that fail validation or partner checks.
11. APIs and developer use
- API access is provided under these Terms and any published API docs
- You must keep API keys confidential and rotate them if compromised
- We may enforce rate limits, revoke keys, or require authentication upgrades for security
- You must not use APIs to circumvent dashboard restrictions or unpaid usage
12. Intellectual property
The Platform, branding, software, and documentation are owned by the Company or its licensors. You receive a limited, non-exclusive, non-transferable right to use the Service during your subscription / credit validity. You retain ownership of your content and recipient data; you grant us a licence to process that content solely to provide the Service.
13. Confidentiality
Each party must protect the other’s non-public confidential information with reasonable care and use it only for performing under these Terms, except where disclosure is required by law or already public through no fault of the receiving party.
14. Privacy and data protection
Processing of personal data is described in our Privacy Policy. For messaging recipient data you upload, you are the primary controller / data fiduciary and instruct us as a processor / service provider. You must not instruct us to process data unlawfully.
15. Suspension and termination
We may suspend or terminate access immediately for breach, unpaid amounts, legal risk, Meta / operator demands, or security incidents. You may stop using the Service at any time. Upon termination, your right to access ceases; sections that by nature should survive (fees owed, IP, indemnity, limitation of liability, governing law) survive.
16. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, OR THAT MESSAGES WILL BE DELIVERED BY TELECOM NETWORKS OR META.
17. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING FROM THE SERVICE OR THESE TERMS.
OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF THE SERVICE IN ANY TWELVE (12) MONTH PERIOD SHALL NOT EXCEED THE FEES YOU PAID TO US FOR THE SERVICE IN THAT PERIOD (EXCLUDING PASS-THROUGH TAXES AND THIRD-PARTY CHANNEL FEES WHERE SEPARATELY IDENTIFIED).
Nothing in these Terms excludes liability that cannot be excluded under applicable Indian law.
18. Indemnity
You agree to indemnify and hold harmless the Company from claims, losses, damages, fines, and expenses (including reasonable legal fees) arising from: (a) your content and campaigns; (b) your violation of law or Meta / telecom policies; (c) disputes with End Users; or (d) unauthorised use of your account or API keys.
19. Governing law and disputes
These Terms are governed by the laws of India. Courts at the competent jurisdiction where the Company has its registered office shall have exclusive jurisdiction, subject to any mandatory consumer protections that apply. Parties shall first attempt good-faith resolution via support@wowsms.in.
20. Miscellaneous
- If any provision is unenforceable, the remainder stays in effect
- Failure to enforce a provision is not a waiver
- You may not assign these Terms without our consent; we may assign to an affiliate or successor
- These Terms, the Privacy Policy, and any order / plan confirmation form the entire agreement regarding the Service
21. Contact
Legal / support: support@wowsms.in
Operator: WoWSQL Technologies Private Limited · Brand: WoWSmS · Website: https://wowsms.in