klicksoft Solutions

Last Updated: April 02, 2026

1. Introduction and Acceptance

Welcome to Klicksoft Solutions. These Terms and Conditions ("Terms," "Agreement") govern your access to and use of our services, including Bulk SMS, Bulk Email, and WhatsApp Marketing services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use our Services. We reserve the right to modify these Terms at any time, and your continued use constitutes acceptance of any changes.

2. Service Description

Klicksoft Solutions provides digital marketing and communication services, including:

• Bulk SMS Services: High-volume SMS messaging for promotional, transactional, and OTP delivery
• Bulk Email Services: Mass email distribution for marketing campaigns and communications
• WhatsApp Marketing: WhatsApp-based messaging services for business communication
• Related analytics, reporting, and campaign management tools

3. User Eligibility and Account Registration

3.1 Eligibility:

• You must be at least 18 years of age to use our Services
• You must have the legal authority to enter into this Agreement
• You must represent a legitimate business or organization
• You must not be located in any restricted or sanctioned territory

3.2 Account Security:

• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized access or security breach
• You are responsible for all activities that occur under your account
• We reserve the right to suspend or terminate accounts that violate these Terms

4. Acceptable Use Policy

4.1 Permitted Uses:
You may use our Services only for lawful business purposes and in compliance with all applicable laws, regulations, and industry standards.

4.2 Prohibited Uses:
You agree NOT to use our Services for:

• Sending spam, unsolicited messages, or communications without proper consent
• Transmitting illegal, harmful, threatening, abusive, or defamatory content
• Phishing, fraud, or any deceptive practices
• Violating intellectual property rights or privacy rights of others
• Distributing malware, viruses, or harmful code
• Impersonating any person or entity
• Promoting illegal products, services, or activities
• Adult content, gambling, or high-risk financial schemes (unless pre-approved)
• Political campaigns without proper authorization and compliance
• Circumventing or attempting to circumvent our security measures

5. Compliance with Laws and Regulations

You agree to comply with all applicable laws and regulations, including but not limited to:

• GDPR: General Data Protection Regulation (for EU recipients)
• CAN-SPAM Act: For email marketing in the United States
• TCPA: Telephone Consumer Protection Act (for SMS in the US)
• TRAI Regulations: Telecom Regulatory Authority of India regulations
• WhatsApp Business Policy: WhatsApp's Business and Commerce Policy
• Google RBM Policies: Google's Rich Business Messaging policies
• Local data protection and privacy laws in your jurisdiction
• Anti-spam and electronic communications regulations

6. Consent and Opt-Out Requirements

6.1 Recipient Consent:

• You must obtain proper, verifiable consent from recipients before sending messages
• You must maintain records of consent for audit purposes
• You are solely responsible for ensuring compliance with consent requirements

6.2 Opt-Out Mechanisms:

• All promotional messages must include a clear and easy opt-out mechanism
• You must honor opt-out requests within 24-48 hours
• You must maintain and respect do-not-contact lists

7. Service Availability and Performance

7.1 Service Levels:

• We strive to provide reliable and high-quality services
• Service availability and delivery rates may vary based on multiple factors
• We do not guarantee 100% delivery or uptime
• Maintenance windows may be scheduled with advance notice

7.2 Third-Party Dependencies:

• Our Services rely on third-party telecommunications providers and platforms
• We are not responsible for failures or issues caused by third parties
• Delivery times and success rates may be affected by carrier networks

8. Pricing and Payment Terms

8.1 Fees and Charges:

• Pricing is based on our current rate card and selected service packages
• Prices are subject to change with reasonable notice
• All fees are exclusive of applicable taxes unless stated otherwise
• Setup fees, subscription fees, and usage charges apply as per your plan

8.2 Payment Terms:

• Payments are due as per the agreed payment terms (prepaid or postpaid)
• Late payments may result in service suspension
• You are responsible for all banking and transaction fees
• Refunds are subject to our refund policy and applicable law

9. Intellectual Property Rights

9.1 Our Rights:

• All content, software, and materials provided by us remain our property
• Our trademarks, logos, and brand elements may not be used without permission
• You receive a limited, non-exclusive license to use our Services

9.2 Your Content:

• You retain ownership of all content you submit or upload
• You grant us a license to process and transmit your content as necessary to provide Services
• You represent that you have all necessary rights to the content you submit

10. Data Protection and Privacy

Our collection, use, and protection of personal data is governed by our Privacy Policy. By using our Services, you also agree to our Privacy Policy. Key points include:

• We process data as both a data controller and data processor
• We implement appropriate security measures to protect your data
• You are responsible for data you collect and process through our Services
• You must comply with all applicable data protection laws

11. Limitation of Liability

11.1 Disclaimer:

• Services are provided "as is" without warranties of any kind
• We do not guarantee uninterrupted, error-free, or secure services
• We are not liable for content sent through our Services

11.2 Liability Limits:

• Our total liability shall not exceed the fees paid by you in the past 12 months
• We are not liable for indirect, incidental, or consequential damages
• We are not responsible for losses arising from your violation of these Terms
• Some jurisdictions do not allow limitation of liability; in such cases, our liability is limited to the maximum extent permitted by law

12. Indemnification

You agree to indemnify, defend, and hold harmless Klicksoft Solutions, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of our Services
• Your violation of these Terms or applicable laws
• Your content or recipient data
• Infringement of third-party rights
• Spam or unauthorized messaging complaints

13. Term and Termination

13.1 Term:
This Agreement begins when you first access our Services and continues until terminated.

13.2 Termination by You:
You may terminate your account at any time by providing written notice.

13.3 Termination by Us:
We may suspend or terminate your account immediately if:

• You violate these Terms
• You engage in fraudulent or illegal activities
• You fail to pay fees when due
• We are required to do so by law or regulatory authority
• We discontinue the Services (with reasonable notice)

13.4 Effect of Termination:

• Your access to Services will cease
• Outstanding fees remain payable
• We may delete your data after a reasonable retention period
• Provisions that should survive termination remain in effect

14. Google RBM Compliance

For users of our Rich Business Messaging (RBM) services:

• You must comply with Google's RBM Platform Terms and Policies
• You must not send unsolicited messages or spam
• You must provide accurate business information and verification
• You must respect user privacy and provide opt-out options
• You must not impersonate or mislead users
• Violations may result in immediate service suspension

15. Dispute Resolution

15.1 Governing Law:
These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law provisions.

15.2 Arbitration:
Any disputes shall first be attempted to be resolved through good faith negotiation. If unresolved, disputes shall be settled through binding arbitration in accordance with [Arbitration Rules].

15.3 Jurisdiction:
You consent to the exclusive jurisdiction of courts in [Your Jurisdiction] for any matters not subject to arbitration.

16. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, government actions, or failures of third-party services.

17. Miscellaneous Provisions

17.1 Entire Agreement:
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Klicksoft Solutions.

17.2 Amendments:
We may modify these Terms by posting updated terms on our website. Material changes will be notified via email.

17.3 Severability:
If any provision is found to be unenforceable, the remaining provisions shall remain in full effect.

17.4 Waiver:
Our failure to enforce any right or provision does not constitute a waiver of such right or provision.

17.5 Assignment:
You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

17.6 No Third-Party Beneficiaries:
These Terms do not create any third-party beneficiary rights.

18. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

Effective Date: These Terms and Conditions are effective as of the date stated above and apply to all users of our Services.

By using Klicksoft Solutions' Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy.