HomeLegalTerms & Conditions
Legal Center

Terms & Conditions

These terms govern your use of BulkSMS.ca services including Bulk SMS, WhatsApp API, voice calls, OTP services, and reseller solutions.

Last Updated: January 15, 2025

Quick Overview

These Terms & Conditions outline the rules for using BulkSMS.ca's communication platform. By using our services, you agree to comply with these terms. We provide Bulk SMS, WhatsApp messaging, OTP, voice calls, and API services subject to telecom regulations, data protection laws, and responsible messaging practices.

Introduction

Welcome to BulkSMS.ca, a business communication platform operated by Pacewalk. These Terms & Conditions govern your access to and use of our services including Bulk SMS, Promotional SMS, Transactional SMS, OTP SMS, WhatsApp Business API, Voice Call services, and related API integrations.

By registering for an account, accessing our platform, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree, please do not use our services.

We reserve the right to update these terms periodically. Changes will be effective upon posting to this page with an updated date. Continued use after changes constitutes acceptance.

Acceptance of Terms

By creating an account or using any BulkSMS.ca service, you confirm that:

  • You are at least 18 years of age or a legally registered business entity.
  • You have the authority to bind your organization to these terms.
  • You will use our services in compliance with all applicable laws and regulations.
  • You will not use our platform for unlawful, harmful, or fraudulent purposes.
  • All information provided during registration is accurate and complete.

If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

Platform Usage

BulkSMS.ca provides a cloud-based messaging platform for businesses to communicate with their customers through multiple channels. Our services include:

  • Bulk SMS — promotional and transactional messaging
  • WhatsApp Business API — rich media messaging and templates
  • OTP SMS — secure one-time password delivery
  • Voice Call — voice broadcasting and IVR services
  • SMS API — developer integration tools
  • Reseller Panel — white-label solutions

We grant you a limited, non-exclusive, non-transferable license to use our platform for your business communication needs. You may not sublicense, resell (except through our reseller program), or transfer access without written consent.

Account Registration

To use our services, you must create an account with accurate and complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials.
  • All activities that occur under your account.
  • Notifying us immediately of any unauthorized access.
  • Keeping your contact and billing information up to date.
  • Ensuring your account is used only by authorized personnel.

We reserve the right to suspend or terminate accounts with false information or suspicious activity.

SMS & WhatsApp Compliance

All messaging through our platform must comply with applicable regulations including TRAI guidelines, DLT registration requirements, and WhatsApp Business API policies.

  • DLT Registration: All SMS senders must register on DLT platforms as required by TRAI.
  • Template Registration: Message templates must be pre-approved on DLT.
  • Consent: Promotional messages require recipient consent and must respect DND preferences.
  • Timing: Promotional SMS may only be sent between 9 AM and 9 PM IST.
  • WhatsApp Policies: All WhatsApp messages must comply with Meta Business Messaging policies.
  • Opt-out: You must honor opt-out requests promptly.

Non-compliance with telecom regulations may result in message blocking, account suspension, or legal action. We provide guidance but ultimate compliance responsibility rests with the user.

User Responsibilities

As a BulkSMS.ca user, you are responsible for:

  • Obtaining proper consent from message recipients.
  • Ensuring message content is lawful, accurate, and not misleading.
  • Maintaining accurate contact lists and honoring opt-out requests.
  • Complying with spam laws and telecom regulations.
  • Using services ethically and not for harassment or fraud.
  • Paying all applicable fees and charges on time.
  • Reporting any service issues or abuse promptly.

Restricted Activities

The following activities are strictly prohibited on our platform:

  • Sending spam, unsolicited messages, or phishing attempts.
  • Transmitting content that is illegal, harmful, defamatory, or obscene.
  • Impersonating other individuals or organizations.
  • Using the platform for fraud, scams, or financial schemes.
  • Attempting to bypass security measures or access unauthorized data.
  • Sending messages to purchased or scraped contact lists without consent.
  • Distributing malware or malicious links through messages.
  • Engaging in activities that harm our platform infrastructure.

Violations may result in immediate account termination, legal action, and reporting to authorities.

API Usage Rules

Our REST API enables integration with your applications. API usage is subject to:

  • Rate limits based on your plan tier.
  • Authentication via API keys which must be kept confidential.
  • Proper error handling without excessive retry attempts.
  • No reverse engineering or unauthorized access attempts.
  • Compliance with our API documentation guidelines.
  • Responsible use that does not overload or abuse our infrastructure.

API keys should never be exposed in client-side code. We are not liable for misuse of compromised API credentials.

Pricing & Payments

Our services operate on a prepaid credit-based system. Key points:

  • All prices are in INR and exclusive of applicable taxes.
  • Credits are deducted based on messages sent and service type.
  • Payment must be made in advance through available payment methods.
  • GST is charged as per government regulations.
  • Prices are subject to change with reasonable notice.
  • Unused credits remain in your wallet and do not expire under normal circumstances.

All payments are processed through secure payment gateways. We do not store complete card details on our servers.

Refund Policy

Refund requests are subject to review and applicable conditions:

  • Wallet recharge refunds may be considered if no credits have been used.
  • Service-based purchases are generally non-refundable once initiated.
  • Technical failures on our end may qualify for credit refund.
  • Refund requests must be submitted within 7 days of purchase.
  • Processing time for approved refunds is 7-14 business days.

Please review our complete Refund Policy for detailed information.

Delivery & Reporting

We provide real-time delivery reports for all messages. However, delivery depends on:

  • Recipient device availability and network connectivity.
  • Telecom operator routing and processing.
  • DLT template approval status.
  • Recipient DND preferences for promotional messages.
  • Valid sender ID registration.

While we strive for the highest delivery rates, we cannot guarantee 100% delivery as it depends on factors beyond our control including telecom networks and recipient device status.

Service Interruptions

We work to maintain high availability but service interruptions may occur due to:

  • Scheduled maintenance with advance notice.
  • Telecom network outages or congestion.
  • Force majeure events beyond our control.
  • Technical failures or security incidents.

We will notify users of planned maintenance via email and platform announcements. We are not liable for indirect damages from service interruptions.

Data & Privacy

We handle your data responsibly. Our practices include:

  • Collecting only data necessary for service provision.
  • Storing data on secure servers with encryption.
  • Not selling or sharing your data with third parties for marketing.
  • Allowing you to access and update your information.
  • Retaining data as long as necessary for legal and operational purposes.

Please review our Privacy Policy for complete details on data handling.

Intellectual Property

All content, trademarks, logos, software, and technology on BulkSMS.ca are the property of Pacewalk or its licensors. You may not:

  • Copy, modify, or distribute our platform content without permission.
  • Use our trademarks without written consent.
  • Reverse engineer our software or systems.
  • Remove copyright or proprietary notices.

You retain ownership of your content sent through our platform.

Suspension & Termination

We may suspend or terminate your account for:

  • Violation of these terms.
  • Engaging in prohibited activities.
  • Fraudulent or suspicious behavior.
  • Non-payment of dues.
  • Legal requirements or court orders.

Upon termination, your access to services will cease. Any unused credits may be forfeited at our discretion.

Liability Limitation

To the maximum extent permitted by law:

  • Our liability is limited to the amount you paid for services in the preceding 3 months.
  • We are not liable for indirect, incidental, or consequential damages.
  • We are not responsible for message content sent by users.
  • We do not guarantee uninterrupted or error-free service.
  • Your use of our services is at your own risk.

Referral Program Terms

Refer & Earn Program Rules

1. Eligibility

Users must create an account and join the referral program before generating referral links. The program is open to registered users in good standing.

2. Referral Reward

Approved referrers may receive a flat 10% commission on eligible referred purchases. Commission is calculated on the service value only, excluding taxes, gateway charges, setup fees, and non-eligible charges.

3. Referred User Discount

Referred users may receive a flat 10% discount on their eligible first purchase made through a valid referral link. The discount is subject to service eligibility and approval.

4. Link Validity

Referral links are valid for 7 days from the first click or tracking event. Purchases made after this period are not automatically eligible for referral commission.

5. Eligible Purchase

Commission applies only to eligible services and confirmed payments. Taxes, gateway charges, setup fees, third-party charges, refunds, or non-eligible services may be excluded.

6. Approval Process

All referral commissions are subject to verification and admin approval. We reserve the right to approve, reject, or adjust any commission at our sole discretion.

7. Fraud Prevention

Self-referrals, duplicate accounts, fake leads, spam, misuse, misleading promotions, or fraudulent activity may lead to rejection, suspension, or account blocking. We actively monitor for suspicious activity.

8. Payouts

Commission payout timelines, methods, and minimum payout rules are defined by BulkSMS.ca and may be updated from time to time. Approved commissions are paid as per the current payout schedule.

9. Refunds & Cancellations

If the referred customer cancels, claims a refund, or payment fails, commission may be held, reversed, or cancelled. This includes chargebacks and disputed transactions.

10. Program Changes

We may modify, pause, or discontinue the referral program at any time with reasonable notice where applicable. Existing approved commissions will be honored unless fraud is detected.

11. No Guaranteed Earnings

Referral commission is not guaranteed. It depends on eligible purchases, valid tracking, and approval. We make no representations about potential earnings.

12. Responsible Promotion

Referrers must not use spam, misleading ads, brand impersonation, fake claims, or unauthorized paid promotion using the BulkSMS.ca name. All promotion must be truthful and transparent.

Changes to Terms

We may update these Terms & Conditions from time to time. Changes will be posted on this page with an updated "Last Updated" date. For significant changes, we will notify users via email or platform announcements.

Continued use of our services after changes constitutes acceptance of the updated terms. If you do not agree with changes, please discontinue use.

Contact Information

If you have any questions about these Terms & Conditions, please contact us:

+91 95177 22444
hello@pacewalk.com

Frequently Asked Questions

Need Help Understanding Our Policies?

Our team is here to answer any questions about our terms, refunds, cookies, or disclaimers. Reach out anytime.

+91 95177 22444|md@pacewalk.com