Legal Information
These Terms of Service represent an agreement between Greensoft IT Solutions ("textidea.com," which refers to, unless the context suggests otherwise, its affiliates, subsidiaries, successors, and permitted assigns) and any individual or entity ("User") who accesses, browses, or uses the services available on this website ("Site"), whether or not registered. The term "Person" includes, but is not limited to, any individual, corporation, partnership, limited liability company, trust, joint stock company, business, limited liability partnership, unincorporated association, Hindu undivided family, joint venture, or any other similar organization, as well as any government authority or other entity.These Terms of Service should be understood in conjunction with any amendments, additional terms, Privacy Policy, or other agreements that govern the use of the services provided through this platform, collectively referred to as the "Service Agreements."
REGISTRATION
* The User, upon registration and successful completion of the registration formalities/payments (Registration) may avail the use of the paid services on the Site, including the use of APIs and the platform (collectively, referred to as the Services). Registration implies acceptance of the terms of the ToS, additional terms and Privacy Policy as may be in force from time to time, including the terms of payment as may be applicable at the relevant time or at any time thereafter.
* The User hereby declares and agrees that (i) all information (including personal information) provided by the User during Registration is true, genuine and accurate and that the User shall ensure that all such information is current, complete, and true at all times; (ii) the User shall maintain and update the User’s registration data, in order to keep such data current, complete and true (iii) the User represents that he/she is of legal age (if the User is an individual) and has the requisite legal standing to form a binding contract with textidea.com and is not a person barred from receiving Services under the laws of India or other applicable jurisdiction.
* All personal information provided by the User in order to accomplish Registration shall be treated in accordance with the Privacy Policy as may be applicable from time to time.
* Upon Registration, the User will be provided a private account (User Account) and a username and password for such User Account. The User shall be solely responsible for the use and activities conducted through such User Account. The User acknowledges that, in order to regulate access to the Service, his/her authentication depends on the verification of the correct username and password. The User acknowledges and accepts that the User is solely responsible for safeguarding the confidentiality of his/her User Account information (including password(s) and user name(s)) and for any use or misuse of his/her User Account and/or the Site resulting from any third party using a password or user name issued to such User. The User agrees to notify textidea.com immediately of any known or suspected unauthorized access to or use of the User’s Account, or any other breach of security or misuse of the Site known to or suspected by the User and that textidea.com is not responsible for fraud of any person or of other Users of the User’s Account.
* The User accepts and acknowledges that usage of Credits, if any, granted free of charge by textidea.com to the User at the time of Registration or at any other time shall also be subject to the all the terms and conditions of the ToS and other Service Agreements.
USAGE (General Terms)
* User acknowledges that the Services provided herein are restricted to India territory and to the recipients in India only.
* The User acknowledges and accepts that textidea.com may, at its sole discretion, deactivate the User’s password and/or User Account, or suspend the User’s access to any Service without notice at any time. Further, textidea.com reserves the right to remove or cancel any of the Content or prevent the distribution of any Content, without notice and without being obliged to provide any explanation for the same. The User hereby authorizes textidea.com to rely on any data, notice, instruction or request furnished by the User to textidea.com, or that textidea.com reasonably believes to have been furnished by such User.
* The User acknowledges and agrees that textidea.com acts merely as a facilitator in respect of the Services and shall not be liable or responsible in any manner whatsoever for the Content or any other aspect of such Service.
* The User agrees that textidea.com reserves the right to refuse, deny or otherwise restrict the use of the Services by any User, including the right to terminate the use of any Services by any User without notice at any time for any reason as textidea.com in its sole discretion may deem sufficient, or without reason. textidea.com shall not be liable in any manner whatsoever for such refusal, restriction or termination of the use of any Services by a User at any time.
* The User agrees that unless otherwise indicated, any modification of the Services which alter the way in which the Service can be used and/or the launch of new Services will be subject to, and therefore regulated by the ToS and other relevant Service Agreements.
* The User acknowledges and agrees that his/her access to and use of the Site, and any and/or all of the Services of, is at the User’s own risk. The User acknowledges that the Service is dependent on telecommunications companies and mobile network providers (Operators) and textidea.com makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Site network, or Services. Without limiting the foregoing, textidea.com does not make any representations or warranties about the condition, suitability, reliability, availability, completeness, security, timeliness, or accuracy of the information, Software, Services and materials contained on the Site for any purpose. All such information, Software, Services and materials are provided “as is” without warranty of any kind. textidea.com hereby disclaims all representations, warranties and conditions, express or implied, with regard to this information, Software, Services or materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
* The User acknowledges and agrees that it shall be solely responsible for ensuring all compliances with the Telecom Regulatory Authority of India’s (TRAI) Telecom Commercial Communications Customer Preference Regulations, 2018 (TRAI Regulations) and any and all other regulations, statutes, orders, decisions or law in force from time to time which may be applicable to the use of any of the Services (Law). The User acknowledges and agrees that it shall be solely liable, directly or indirectly, for all damage or loss caused or alleged to be caused to textidea.com, by or in connection with any misuse of the Services provided by the Company with respect to pushing any unsolicited commercial communications to subscribers and for any and all other violations of the provisions of the TRAI Regulations or Law.
* The User hereby agrees to defend, indemnify and hold harmless and agrees to continue to keep indemnified textidea.com, its affiliates, directors, officers, employees etc. without any demur or protest, against any/all losses, damages, actions, proceedings including but not limited to legal expenses with respect to violation of these ToS, or any third-party’s rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights) and also in respect to any action taken by any regulatory body or the Operator or any third party with respect to the misuse of the Services availed from the Company including but not limited to, for the breach of any of the provisions of the TRAI Regulations or breach of Law or for any other reason whatsoever. The User acknowledges and agrees that these obligations will be binding on the User during the entire term of the use of any and/or all of the Services and shall survive any termination of the User’s relationship with textidea.com or use of the Site.
* The User acknowledges that textidea.com does not assume any implicit or explicit responsibility for the Content stored and/or published by the User through the Site. The User further accepts and agrees that all declarations and opinions expressed by the User are the sole declarations and opinions of such User and do not necessarily represent textidea.coms’ opinions. Any person who believes that any Content stored and/or published on the Site or distributed through the Site by any User infringes any law, is kindly requested to contact textidea.com at the following email address sales@textidea.com
* The User acknowledges and agrees that all software utilized in connection with the Services (Software) is owned by Greensoft IT Solutions and is protected by the applicable Intellectual Property Laws of India and laws of any other jurisdiction in which such Software is used as may be in force from time to time. The User agrees that it shall not, directly or indirectly, copy, modify, create derivative works, and in any way try to discover the source codes of the Software, sell license or transfer to the third parties any right on the Software. Further the User shall not have any rights over the Software in any manner. The User shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Software, services or benefits obtained from the Site, except as expressly provided herein. The User further agrees that the User shall not reproduce or redistribute any Software and that the User shall not copy or reproduce the Software to any other server or location for further reproduction or redistribution. The User agrees that it shall not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the Site or in any product, Service or Software provided through the Site.
* The right to use any Service is limited only to the User. Where the User is a Company, such right shall include its employees, provided that any contraventions by the employees of such Company of the provisions of the ToS or any Service Agreement shall be deemed to be violations by the Company and accordingly for the purposes of the ToS and/or any Service Agreements, the Company shall be liable to textidea.com for all such contraventions.
* The User agrees that the User shall not use a name in connection with using any of the Services that is confusing or misleading, or otherwise impersonate or deceive anyone with respect to its identity. The User further agrees that the User shall not restrict or inhibit any other User from using and enjoying such other User’s rights in the Site or in respect to any Service and should not interfere with or disrupt the Site or servers or any network connected to the Site.
* The User agrees and accepts that the User shall not use any of the Services through or in connection with the Site to:
* rent, lease, license, grant a security interest in, or otherwise transfer the User’s rights hereunder to any third party unless otherwise expressly agreed by textidea.com;
* defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
* conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, unauthorized promotional materials, unsolicited e-mail ( including “spamming”) or multi-level or illegal marketing campaigns; harm minors in any way;
* publish, post, distribute, disseminate, advertise or link to any content, site, topic, name, material or information which is illegal, inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content;
* software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless the User owns, or controls such rights or has received all necessary consents for the publication, distribution, or linking of such software and other materials;
* software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another’s computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs including any hardware or Software of textidea.com;
* software, content, or other material that constitutes “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
* sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party’s rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; registered or unregistered securities; goods or services that the User cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods, services or activities that if sold via any of the Services site would cause textidea.com to violate any law, statute or regulation; or any other illegal activity;
* harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
* violate any applicable government laws or regulations.
The User agrees that the Services are provided by textidea.com without any implicit or explicit warranty and no advise, suggestion, help, written or verbally, provided by textidea.com to the User, shall imply any warranty from textidea.com. textidea.com cannot be held responsible of any harm coming from the inability to access or use any of the Services, or for the loss of any Content of the User or for any other loss suffered by the User as a result of using the Services. The User agrees and acknowledges that it shall be the sole responsibility of the User to keep a copy of the Content. textidea.com declines any responsibility whatsoever for any harm coming from the inability to access the Services, viruses, damaged files, errors, interruption of any of the Service, network problems, non-authorized access, modification of data, merchantability and fitness for a particular purpose or for any other claim whatsoever of a similarnature. textidea.com reserves the right to modify any and/or all the Services at any time, even without notice to the User.
* The User accepts and acknowledges that textidea.com may change any of the Services at any time and from time to time without notice, including terminating the offering of any Service altogether. The User agrees that the User may at any time be barred from accessing any of the Services or from using the Site or from receiving any services or benefits from the Site, if textidea.com determines the User to have violated the ToS or any other Service Agreements, if any representation or warranty made by the User is untrue in any respect or if textidea.com receives a court order or other legal action relating to the User Account. In addition the User agrees that, if the User violates any of these ToS or any applicable Service Agreement the User shall forfeit all Credits accrued to the User in connection with the Site and there will be no refund of any fees prepaid by the User to textidea.com.
* The User acknowledges and agrees that links (if any) within the Site may let the User leave the Site and that the linked sites are not under the control of textidea.com and that textidea.com is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site.
* The User acknowledges and accepts that textidea.com shall not in any event be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation: damages for loss of use, data, accounts, revenues or profits, arising out of or in any way connected with the use or performance of the Site or any of the Services, or with the delay or inability to use the Site or any Service and related graphics obtained through the Site; or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if textidea.com or any of its suppliers has been advised of the possibility of damages. The User acknowledges that if the User is dissatisfied with any portion of the Site, or with any of the ToS or any other Service Agreement, the User’s sole and exclusive remedy is to discontinue using the Site and its related Services. It is clarified that in the event of such discontinuation, the User shall not be entitled to receive any refund of monies paid by such User to textidea.com or make any other claims whatsoever against textidea.com.
* The User confirms and declares that the Services are being availed by the User for itself and the User is not an intermediary acting for and on behalf of a third party.
* textidea.com reserves the right to suspend the services anytime with or without notice in case of any order/direction by a Statutory Body (State or Central) or Judiciary.
* You agree to receive promotional, transactional and commercial communications from textidea.com through email or SMS.
Content
* The User shall be responsible for all Content uploaded, displayed, transmitted or otherwise used on this Site or published and/or distributed through this Site by such User and textidea.com shall have no responsibility or liability whatsoever in respect of such Content. textidea.com reserves the right, but is not obligated, to monitor or to review the Content of the User and to monitor User’s compliance with the ToS. textidea.com reserves the right in its sole discretion to edit, refuse to post or remove any Content which, in the opinion of textidea.com violates the ToS or that textidea.com for any other reason may deem unfit or improper to be used on the Site, at any time without notice to the User.
* The User represents and warrants that all Content uploaded or distributed/transmitted through the Site by it is owned by such User, or that such User is otherwise well entitled to display, sell, market or otherwise use such Content. textidea.com shall not be liable or responsible in any manner whatsoever in respect of any dispute as to the ownership of such Content or in respect of any other dispute, claim, etc. of any nature whatsoever in respect of such Content. The User further agrees to indemnify and continue to hold indemnified textidea.com against any claims of any nature whatsoever in respect of the ownership and use of all such Content.
* All Content uploaded or otherwise used on this site must conform to the content rules, if any, provided by textidea.com from time to time.
* The User acknowledges that textidea.com does not sell the Content, but rather provides a Service to transfer the Content supplied by the User from the web to mobile and other devices. textidea.com does not operate any control, monitor, validation or verification over the Content of the User, and therefore cannot be held responsible for the type of Content which can be found on its platform or transmitted through the platform. However, textidea.com shall not be responsible or liable in any manner whatsoever for the authenticity, ownership, accuracy or for any other claim whatsoever in respect of such Content.
Payment Terms
* The User acknowledges that textidea.com reserves the right to charge for the use of any Services at rates and in a manner determined by textidea.com from time to time (the "Fee"). The User understands and agrees that textidea.com is not required to explain or justify the Fee charged for any Service, nor will textidea.com be held responsible or liable in any way for the amount of such Fee.
* The User agrees to pay the applicable Fee for all Services via Credit Card, online banking, or offline payment methods such as cheque or demand draft. In return, Credits will be issued, which the User can use to access Services, subject to the terms governing such Credits. The User must pay the Fee in advance to access any Services.
* Under no circumstances will textidea.com be obligated to refund or return any money paid by the User for Services, whether through purchasing Credits or by any other means, except as explicitly stated in these Terms of Service.
* The pricing and charges mentioned here may change or be modified from time to time, based on adjustments by Network Operators or regulatory bodies. Any changes will be communicated via the User's registered email address or announced on the homepage of textidea.com.
Refund Policy
For Credits uses.
Textidea.com offers Refund of those sms which are failed via promotional route and Trans-Promo route ( excluding API uses), refunds will happen only on Monthly basis or sometime when we are able to get refunds from operators or gateway providers. Refunds calculations will be on the basis of failed sms after reducing the GST and scrubbing charges for per submission. NO refunds will be made against an unused or inactive accounts also payments against the credits will not be refunded.
For Payments
we have a fair refund policy in which you can have a full or partial refund of amount within 3 days of the purchase, our team will examine your claim if found correct will process the refund within 15 working days, refund will not be apply on renewals, Campaign responses or on any kind of discounted or offer price, refund also will not be applied for the issues from operator side or any rules and regulation changed from TRAI or by the gateway provider/operator.
Credits
* A "Credit" equals one 160-character SMS message (using GSM 3.38 character set). Longer messages are split and rejoined, counting 153 characters per segment. Unicode messages are limited to 63 characters, with longer messages split accordingly.
* Purchased Credits are non-refundable and can only be used for Services. Credits are lost if the User closes their account or if textidea.com closes the account due to Terms of Service violations.
* Credits cannot be transferred between users or accounts.
* textidea.com can refuse or cancel Credit sales at its discretion.
* textidea.com may withhold Credits if it detects service misuse (e.g., spam, phishing) or unlawful activity.
* textidea.com can confiscate Credits for violations, which are immediately forfeited. Credit amounts may be adjusted due to operator/regulatory changes.
* textidea.com can modify these terms and Credit policies without notice. Users should periodically check for updates.
Governing Law and Jurisdiction
* These Terms are governed by Indian law. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra, India.
Other Terms
Severability & Entire Agreement: If any part of these Terms is deemed invalid, the remaining parts remain in effect. These Terms are the complete agreement between the User and textidea.com, superseding prior agreements. textidea.com's failure to enforce these Terms doesn't constitute a waiver. No third-party rights are created by these Terms.No Agency: The User is not a representative, agent, or employee of textidea.com. No joint venture, partnership, employment, or agency relationship exists.
Legal Compliance: textidea.com's performance is subject to existing laws and legal processes.
Service Delivery: textidea.com provides services on a best-effort basis and isn't responsible for delays due to operator dependencies.
Service Numbers: textidea.com doesn't guarantee continued use of any Service Number and may discontinue them. If a Service Number is discontinued, textidea.com will try to provide an alternate. If an alternate cannot be provided, a proportionate refund will be issued, which will be the User's sole remedy.
Promotional Campaigns:
* The User provides recipient lists, and textidea.com can send messages to the operator's gateway.
* textidea.com doesn't guarantee message delivery and isn't liable for failures.
* The User confirms recipients have consented to receive messages and is responsible for any lack of consent.
* textidea.com can filter and refuse to send messages at its discretion.
* Messages will be sent within a pre-agreed timeframe.
* The User is responsible for TRAI compliance and indemnifies textidea.com against related losses.
* Promotional Campaign termination requires a written request, and the User remains liable for payments until termination.
Affiliate/Dual Brand Partners: textidea.com's liability is limited to the applicable commission payable.
APIs:
* APIs belong to textidea.com and are provided for User utilization of Services.
* The User cannot allow others to use the APIs, develop products/services using the APIs (except for User's own use), or redistribute/reuse the APIs without written consent from textidea.com.
* The User is liable for misuse of the APIs and indemnifies textidea.com against related losses.