Smarter Call Usage Policies and Terms of Service

You represent and warrant that the owners of the phone numbers you initiate messages to through the Smarter Call services have consented or otherwise opted-in to the receipt of such messages and broadcasts as required by any applicable law or regulation. You agree that you will include clear opt-out/unsubscribe information on your messages or broadcasts when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages. You further agree that any individuals requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and you further agree that you will not initiate any subsequent messages or broadcasts to any individuals after they request DNC status.
 
You agree to familiarize yourself with and abide by all applicable local, state, and national laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages and broadcasts that you create and initiate through the Smarter Call Services.
 
The Telecom Regulatory Authority of India (TRAI) Acts & Policies, the National Do Not Call Registry (NDNC) rules and various state laws, rules and regulations place restrictions on certain types of phone calls and text messages. Smarter Call  is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, broadcasts and campaigns prior to using the Smarter Call Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns.
 
You shall schedule campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages, broadcasts, and campaigns. If you are unfamiliar or unclear on the legalities of any message, broadcast or campaign, you must consult with your attorney prior to your use of the Smarter Call Sites or Services.
 
You accept that the Services are provided for professional use only, and you agree that your use of the Smarter Call Sites or Services shall NOT include:
 
  • Sending unsolicited marketing messages or broadcasts (i.e. spam);
  • Sending any calls to life-line services, such as hospitals, fire, police, or utility- related telephone numbers;
  • Harvesting, or otherwise collecting information about others, without their consent;
  • Misleading others as to the identity of the sender of your messages or broadcasts, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;
  • Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
  • Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
  • Violating any TRAI regulations regarding the transmission of technical data through the service.
  • Violation or non-adherence to any extant laws of the land governing the business associated with this agreement.
  • Engaging in any other activity that Smarter Call believes could subject it to criminal liability or civil penalty/judgment.
 
You agree to provide legal contact information in any outbound campaign within the initial greeting message. You further agree that Smarter Call is, under no circumstances, responsible for the contents and/or accuracy of your messages or broadcasts and Smarter Call will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. You will provide your own sound files for all outbound campaigns. Smarter Call will not be liable for any misuse of the Services by you. Smarter Call is not responsible for the views and opinions contained in any of your messages or broadcasts.
 
User should further understand and agree that:
 
  • I/we shall be solely liable for any transmissions sent through the service and that SATHYA has no control over the content of any transmission.
  • I/We will abide by all applicable SATHYA agreements, policies and procedures from time to time.
  • I/We shall not attempt to gain unauthorized access to the service, other accounts, or computer systems or networks connected to the service through password mining or any other means.
  • I/We shall not interfere with other customers or third parties’ use and enjoyment of the service or use the service in any manner which disrupts, prevents or restricts any other customer from using the service.
  • Our use of the service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws and false advertising).
  • I/we shall be solely responsible for all acts or omissions that occur under SATHYA Account or password, including the content of our transmissions through the Service.
  • I/we understand and agree that SATHYA may at any time and without additional notice terminate, modify, suspend, disconnect, discontinue or block access to some or all of the features of the services if:
 
  1. SATHYA determines that customer use of the service violates or has at any time violated these terms of service or any other applicable laws in India.
  2. SATHYA determines that such action is necessary to maintain or improve the services, to prevent fraud or misrepresentation by affirmative acts and/or omissions, to protect other users or third parties, or for any other good cause.
  3. SATHYA choose to discontinue or modify the scope of its Services with due notices to all concerned.
  4. For any other reason SATHYA deems it necessary or advisable to restrict customers access to the services including but not limited to compliance with requests by law enforcement or other government agencies.
 
  • Upon termination of the services or agreement, SATHYA may immediately deactivate or delete any service account and all related information and files in said account and/or bar any further access to such files, information, or the services. SATHYA shall not be liable to customers or any third party for any reason for terminating any use or access to the service as per the standard terms mentioned above.
  • SATHYA shall not be liable, to the customer for any loss or damage suffered by the customer due to any act or omission of third parties,
  • All disputes / issue subject to Tuticorin jurisdiction only.
 
Standard terms and conditions:
 
  1. All payments are to be made in favour of SATHYA Technosoft India Private Limited.
  2. All taxes, levies, octroi etc. applicable at prevailing rates from time to time.
  3. Minimum contract period is valid as per the plan validity offered via email proposal from the date of execution of SOF (Service Order Form). Customer needs to pay full charges if he decides to terminate the contract within the given contract period.
  4. Customer needs to pay 50% payment along with purchase order and 50% payment against delivery.
  5. Notice period for termination of any services, either partially/fully shall be the agreed payment term or 30 days, whichever is less.
  6. The standard delivery period of Multilevel IVR services is 2 weeks from the date of acceptance of SOF by SATHYA. The same however is subject to the mutually agreed delivery lead times during SOF acceptance stage.
  7. If bills are unpaid for more than 15 days, services shall be deactivated.
  8. Service numbers provided to your company by us can be used only for your own company’s promotion as mentioned in the documents. This number cannot be used in promotion of any other company.

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