Terms of Service
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These Terms of Service (“Terms”) govern your access to and use of the services provided by Get Click Media Pvt. Ltd.(“Get Click Media”, “we”, “us”) through getclickmedia.com. By accessing or using our platform, you agree to be bound by these Terms. If you do not agree, do not use our services.
1. Definitions
- “Services” means the Bulk SMS, WhatsApp Business API, RCS Messaging, Voice, Email Marketing, and AI Chatbot platform offered by Get Click Media.
- “Customer” / “you” means the individual or entity registering for or using our Services.
- “Content” means any messages, data, images, or other material you transmit through our Services.
2. Account Registration
- You must provide accurate, current, and complete information during registration.
- You are responsible for maintaining the confidentiality of your account credentials.
- You must be at least 18 years old and legally authorized to enter into contracts under Indian law.
- You are responsible for all activities that occur under your account.
- Notify us immediately at hello@getclickmedia.com if you suspect unauthorized access.
3. Acceptable Use Policy
You agree NOT to use our Services to:
- Send unsolicited messages (spam) or violate TRAI DLT regulations.
- Transmit illegal, harmful, threatening, abusive, defamatory, or fraudulent content.
- Impersonate any person, brand, or organization.
- Harvest phone numbers or contact data without recipient consent.
- Violate any applicable law, regulation, or third-party rights.
- Attempt to reverse-engineer, decompile, or interfere with the platform.
- Use the platform for political campaigning without express written consent from us.
4. TRAI DLT Compliance
You are solely responsible for ensuring all bulk SMS campaigns comply with TRAI (Telecom Regulatory Authority of India) DLT (Distributed Ledger Technology) regulations. This includes maintaining valid entity registration, sender ID approval, and pre-approved message templates. Get Click Media provides DLT assistance but is not liable for messages blocked or penalised due to non-compliance on your part.
5. Service Availability and SLA
We target 99.9% platform uptime, excluding scheduled maintenance (notified 48 hours in advance) and events beyond our reasonable control. Service credits may be provided for outages exceeding our SLA thresholds as specified in your service agreement. We do not guarantee delivery of messages, as delivery depends on telecom operators and recipient device availability.
6. Fees and Payment
- Services are billed as per the plan you select or as agreed in a custom contract.
- All fees are in Indian Rupees (INR) and exclusive of applicable GST unless stated otherwise.
- Pre-paid credits are non-transferable and subject to the expiry terms on your plan.
- We reserve the right to suspend services for overdue payments after a 7-day notice.
- Disputed charges must be reported within 30 days of the invoice date.
7. Intellectual Property
Get Click Media and its licensors own all intellectual property rights in the platform, software, documentation, and branding. You retain ownership of your Content but grant us a limited, worldwide licence to process and transmit it solely to provide the Services. You may not use our trademarks, logos, or brand assets without prior written consent.
8. Confidentiality
Each party agrees to keep the other's confidential information (including pricing, APIs, and business data) strictly confidential and to use it only for the purpose of the Services. This obligation survives termination of these Terms for 3 years.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Get Click Media's total liability for any claim arising out of or relating to these Terms shall not exceed the total fees paid by you in the 3 months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages including loss of profits, data, or goodwill.
10. Indemnification
You agree to indemnify, defend, and hold harmless Get Click Media, its officers, directors, and employees from any claims, damages, or expenses (including legal fees) arising from: (a) your use of the Services; (b) your Content; (c) your violation of these Terms; or (d) your violation of applicable law or third-party rights.
11. Termination
Either party may terminate these Terms with 30 days' written notice. We may suspend or terminate your account immediately for material breach of these Terms, non-payment, or actions that put the platform or other users at risk. Upon termination, your right to use the Services ceases and unused credits are subject to our Refund Policy.
12. Governing Law and Disputes
These Terms are governed by the laws of India. Any disputes shall first be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Mumbai, India under the Arbitration and Conciliation Act, 1996. The language of arbitration shall be English.
13. Changes to Terms
We may modify these Terms at any time. Material changes will be notified by email or via the platform at least 14 days before they take effect. Continued use after the effective date constitutes acceptance of the updated Terms.
