Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you (“Customer”, “you”) and DotSpheres Technologies Pvt Ltd (“ReachBell”, “we”, “us”, “our”), a company incorporated in India, and govern your access to and use of the ReachBell platform and related services (the “Service”). By creating an account, accessing, or using the Service you agree to these Terms together with the documents they incorporate by reference. If you do not agree, do not use the Service.

1. Acceptance and authority to bind

By accepting these Terms you confirm that the information you give us is accurate and that you have the legal capacity to enter into this agreement. If you are accepting on behalf of a company, organization, or other entity (your “Organization”), you represent and warrant that you are authorized to bind that Organization, and “you” and “Customer” refer to that Organization. These Terms apply to every user who accesses the Service through your account.

2. The Service

ReachBell is a multi-channel customer engagement platform that lets you send web and mobile push notifications, email, SMS, and WhatsApp messages; capture and manage subscribers; build segments and automations; and view delivery and engagement analytics. The Service is available through a web dashboard and a REST API. We continually develop the Service and may add, change, improve, or remove features over time; where a change would materially reduce the core functionality you pay for, we will give reasonable notice.

3. Accounts and eligibility

• You must provide accurate, current, and complete registration information and keep it up to date.
• You are responsible for safeguarding your account credentials and API keys, and for all activity that occurs under your account or keys. Notify us promptly at support@reachbell.com of any suspected unauthorized access or use.
• You must be capable of forming a legally binding contract under applicable law to hold an account and use the Service.
• You must provide accurate billing details, including your GSTIN where applicable, so that we can issue correct tax invoices.

4. Acceptable use

You may use the Service only for lawful purposes and in line with these Terms. In summary, you must not use the Service to message people without valid consent or after they have opted out; to send spam, malware, phishing, or unlawful, infringing, or deceptive content; to handle data you are not authorized to process; or to probe, overload, or circumvent the security, rate limits, or abuse controls of the Service. These examples are not exhaustive. Your use is governed in full by our Acceptable Use Policy, which is part of these Terms; if there is a conflict, the Acceptable Use Policy controls on matters of permitted use.

5. Customer data and privacy

As between the parties, you own all data you or your end users submit to or generate through the Service, including your subscriber lists and message content (“Customer Data”). You grant us a limited, worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely as needed to provide, secure, and support the Service and as otherwise instructed by you.

For personal data relating to your end users and subscribers, you act as the controller (Data Fiduciary) and ReachBell acts as your processor (Data Processor). You are responsible for obtaining and maintaining all consents and other lawful bases required for the communications you send, for honoring opt-outs and preference choices received through the preference center and applicable law, and for the lawfulness of your messaging. Our handling of personal data is described in our Privacy Policy, and the processor terms that apply between us are set out in our Data Processing Agreement, which is incorporated into these Terms.

6. Fees and billing

• Paid plans are billed in advance on the cycle shown at sign-up, in Indian rupees (INR), or in US dollars (USD) for international customers, processed by our payment provider Cashfree.
• Fees are exclusive of taxes. Applicable taxes such as GST are your responsibility and will be added where required; we issue tax invoices for paid charges.
• We may change pricing on prospective notice; any change takes effect at your next renewal, never mid-term for a period you have already paid for.
• Late or failed payments may result in suspension of the Service until amounts due are paid.
• Cancellations and refunds are governed by our Refund & Cancellation Policy; refunds, if any, are provided as set out in that policy.

7. Third-party services and deliverability

The Service relies on third-party infrastructure and delivery networks, including Amazon Web Services and Amazon SES for email, and the push and messaging gateways operated by browser, operating-system, carrier, and messaging vendors. We do not guarantee that any individual message will be delivered, accepted, opened, or acted upon: deliverability depends on factors outside our control, including recipient devices, network and carrier conditions, vendor policies, and spam filters.

8. Service availability

We target 99.9% availability, but the Service is provided on an “as is” and “as available” basis and we do not warrant that it will be uninterrupted or error-free. We may carry out scheduled or emergency maintenance, and we may modify or discontinue features. Any binding service-level commitment applies only where agreed in a separate written order or addendum signed by both parties.

9. Intellectual property

The Service, including its software, SDKs, documentation, and branding, is owned by DotSpheres Technologies Pvt Ltd and its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription for your internal business purposes. We reserve all rights not expressly granted. If you provide suggestions or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

10. Confidentiality

Each party may receive non-public information of the other that is marked or reasonably understood to be confidential (“Confidential Information”). The receiving party will use Confidential Information only to perform under these Terms and will protect it with at least reasonable care. These obligations do not apply to information that is or becomes public through no fault of the receiving party, was lawfully known without a duty of confidence, is independently developed, or is rightfully obtained from a third party; and either party may disclose Confidential Information where required by law, with notice where permitted.

11. Warranties and disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.

12. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, whether or not foreseeable and regardless of the theory of liability. Each party’s aggregate liability arising out of or relating to the Service and these Terms will not exceed the total amounts you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

13. Indemnification

You will defend, indemnify, and hold harmless DotSpheres Technologies Pvt Ltd and its officers, employees, and agents against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to your Customer Data, your communications sent through the Service, or your breach of these Terms or applicable law, including any claim that messages were sent without valid consent.

14. Suspension and termination

Either party may terminate these Terms if the other commits a material breach that is not cured within a reasonable period after written notice. We may suspend or restrict access immediately where necessary for security, legal, or non-payment reasons, or to protect the integrity or availability of the Service. On termination your right to use the Service ends; you will have a 30-day window to export your Customer Data, after which we will delete or anonymize it in accordance with our Privacy Policy and retention windows, except where retention is required by law.

15. Governing law and disputes

These Terms are governed by the laws of India, without regard to conflict-of-laws rules. Subject to any mandatory consumer-protection rights available to you under applicable law, the courts at Jaipur, Rajasthan, India will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and the parties consent to that venue.

16. Grievance Officer and contact

In accordance with the Information Technology Act, 2000 and rules thereunder and the Digital Personal Data Protection Act, 2023, you can contact our Grievance Officer with any complaint regarding the Service or the processing of personal data:

Grievance Officer
support@reachbell.com
DotSpheres Technologies Pvt Ltd
Registered office: Jaipur, Rajasthan, India

We will acknowledge a grievance promptly and aim to resolve it within the timelines prescribed by applicable law.

17. Changes to these Terms

We may update these Terms from time to time. Where changes are material we will give reasonable notice to customers, and the “Last updated” date above will change. Your continued use of the Service after an update takes effect constitutes acceptance of the revised Terms.