Terms and Conditions
Please read these terms carefully. They govern your use of every DV Connect communication service.
These Terms and Conditions ("Terms") form a binding agreement between you ("Customer", "you") and DV Connect ("DV Connect", "we", "us"), operating the website dvconnect.in and providing SMS, voice, WhatsApp, Telegram and, in future, RCS communication services (together, the "Services"). By creating an account, purchasing credits or a plan, or sending any message through our platform, you accept these Terms in full. If you do not accept them, do not use the Services.
1. Eligibility and Account
- The Services are offered to businesses and to individuals aged 18 or above who are competent to contract under the Indian Contract Act, 1872.
- You must provide accurate registration and billing details, including a valid GSTIN where you are registered under GST. Invoices are issued against the details in your profile, and we cannot reissue an invoice to correct information you supplied incorrectly.
- You are responsible for everything done under your account, including all messages sent using your API keys and panel credentials. Keep them confidential and tell us immediately if you believe they have been compromised.
- One person or entity may not operate multiple accounts to circumvent limits, pricing or a suspension.
2. Regulatory Compliance (TRAI and DLT)
Commercial communication in India is regulated by the Telecom Regulatory Authority of India (TRAI) under the Telecom Commercial Communications Customer Preference Regulations, 2018, and the associated Distributed Ledger Technology (DLT) framework.
- You must register your entity, your sender headers and your content templates on a DLT platform before sending SMS carrying your own branding or wording. We will assist with registration, but the registration and its accuracy remain yours.
- Messages must be sent only against templates approved on DLT, in the correct category. Sending promotional content on a transactional or service route is a breach of these Terms and of TRAI regulations.
- Promotional messages and promotional voice calls may be sent only within the time window permitted by TRAI, presently 09:00 to 21:00 IST. Our systems hold campaigns scheduled outside this window.
- Promotional traffic is not delivered to numbers registered under the fully blocked DND category. You must not attempt to route promotional content through transactional or service channels in order to reach such numbers.
- Scrubbing, header registration and template approvals are performed by the telecom operators and DLT platforms. Rejections, delays or charges levied by them are outside our control.
3. Consent and Recipient Data
- You may send messages only to recipients who have given you clear, informed and recorded consent to be contacted on that channel, or where the message is a transactional or service message arising from an existing relationship.
- You must retain evidence of consent and produce it to us within 48 hours of a request. We may be required to produce it to TRAI, a telecom operator or Meta.
- You must not send to lists you have purchased, rented, scraped or otherwise obtained without the recipient's consent. DV Connect does not sell, rent or supply recipient data of any kind, and any offer to do so in our name is fraudulent.
- You must honour opt-out requests immediately and permanently, and must include an opt-out mechanism in promotional messages where the channel requires it.
- You are the data controller for the recipient data you upload. We process it only to deliver your messages and to meet our legal and regulatory obligations. See our Privacy Policy.
4. Acceptable Use
You must not use the Services to send, and we may block without notice, any content that:
- is unlawful, obscene, defamatory, threatening, harassing, hateful, or that infringes any intellectual property or privacy right;
- relates to gambling, betting, lotteries, adult content, illegal drugs, weapons, or unregulated financial, lending, investment or cryptocurrency offers;
- is phishing, impersonates another business, spoofs a sender identity, or is designed to defraud or deceive the recipient;
- contains malware, or links to sites hosting malware or fraudulent content;
- constitutes unsolicited bulk messaging, or is sent to recipients who have opted out;
- violates the WhatsApp Business Messaging Policy, Meta's Commerce Policy, the Telegram Terms of Service, or any other platform rule applicable to the channel used.
You must not resell, sublicense or provide the Services to a third party as your own without a written reseller agreement with us, and you must not attempt to test, scan, overload or reverse engineer our platform or APIs.
5. Third Party Platforms
- WhatsApp services depend on Meta Platforms. Business verification, display name approval, template approval, the verified badge, quality ratings, messaging limits and per conversation charges are determined by Meta, not by us, and we cannot guarantee any outcome.
- Telegram services depend on the Telegram Bot API and its terms.
- The unofficial WhatsApp chatbot service does not use Meta's official API. WhatsApp may restrict, suspend or permanently ban any number used with it, at any time and without notice. You acknowledge this risk, accept it in full, and agree that DV Connect is not liable for any loss arising from such action, including loss of the number, of chat history or of business.
- Where a third party platform changes its rules, pricing or availability, we may change or withdraw the affected Service on reasonable notice.
6. Credits, Plans and Pricing
- SMS, voice and WhatsApp messaging are sold as prepaid credits. Credits are consumed as messages or calls are submitted and do not carry an expiry date.
- Voice calls are charged per connected call in 30 second pulses. Unanswered, busy and rejected calls are not charged.
- Chatbot plans are subscriptions billed in advance for the cycle you select and remain active until the end of that cycle.
- All prices displayed are exclusive of GST, which is charged at the applicable rate.
- Prices, plan inclusions and daily limits may be revised. Revisions do not affect credits already purchased or a subscription cycle already paid for.
- Credits are tied to your account. They cannot be transferred, exchanged, encashed or refunded. See our Refund Policy.
7. Delivery
- We deliver messages to the relevant telecom operator or platform. Final delivery to the handset depends on the operator, the recipient's device, network coverage, handset settings and platform filtering, none of which we control.
- We do not guarantee any specific delivery rate, delivery time or open rate. Statistics on this website are indicative of typical performance and are not a contractual commitment.
- Delivery reports are provided as received from the operator or platform. Where a message is reported as undelivered by our gateway, the credit is not consumed.
- Message content, sender headers and recipient numbers are subject to filtering by operators. Blocking by an operator is not a service failure and is not refundable.
8. Service Availability and Support
- We aim for continuous availability but do not warrant uninterrupted or error free operation. Planned maintenance is notified where practicable.
- Support is provided by ticket and WhatsApp. DLT registration assistance, sender ID and template guidance, and API integration help are included at no additional charge.
- Activation times stated on this website are typical rather than guaranteed, particularly where a third party such as a DLT platform, a telecom operator or Meta is involved.
9. Suspension and Termination
- We may suspend or terminate your account immediately, without refund, if you breach these Terms, if we receive a credible complaint or a regulatory direction concerning your traffic, if your traffic threatens the stability or reputation of our platform, or if we reasonably suspect fraud.
- Where a suspension is caused by a fixable compliance issue, we will tell you what needs correcting and restore service once it is resolved.
- You may close your account at any time by raising a ticket. Unused credits are not refunded on closure.
10. Indemnity
You agree to indemnify and hold harmless DV Connect, its directors, employees and suppliers against all claims, penalties, damages, costs and expenses arising from the content you send, from your lack of recipient consent, from your breach of these Terms, of TRAI regulations, of the DLT framework, or of any third party platform policy, including any financial disincentive or penalty imposed on us by a telecom operator, a DLT platform or a regulator as a result of your traffic.
11. Limitation of Liability
- The Services are provided on an "as is" and "as available" basis. To the extent permitted by law, all implied warranties are excluded.
- We are not liable for indirect, incidental, special or consequential loss, including loss of profit, revenue, business, goodwill, data or anticipated savings.
- Our total aggregate liability arising out of or in connection with the Services, in contract, tort or otherwise, is limited to the amount you paid to us for the affected Service in the three months preceding the event giving rise to the claim.
- Nothing in these Terms excludes liability that cannot lawfully be excluded.
12. Confidentiality and Security
Each party will keep the other's non-public information confidential. We apply access controls, encryption in transit and monitoring to protect your data, but no system is completely secure and you remain responsible for the security of your own credentials, systems and integrations.
13. Intellectual Property
The DV Connect platform, panels, APIs, documentation, website design and brand remain our property. You receive a non-exclusive, non-transferable right to use them for the duration of your subscription or credit balance. Content you send remains yours.
14. Changes to These Terms
We may update these Terms to reflect regulatory, platform or business changes. The current version is always published on this page with its effective date. Continued use of the Services after a change constitutes acceptance of the revised Terms.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of India. The courts at Delhi have exclusive jurisdiction over any dispute arising out of or in connection with them. The parties will attempt to resolve any dispute in good faith before commencing proceedings.
16. Contact
Questions about these Terms may be sent to sales@dvconnect.in. Compliance and abuse matters should go to support@dvconnect.in or by phone to 011 6965 3983.