Terms & Conditions

1. Introduction

1.1. You wish to use Pingbix communication and CPaaS Services, including but not limited to SMS, WhatsApp Business API, RCS, Email, Voice/IVR, Chatbots, Smart Links, OBD, and other related services (“Service” or “Services”).

1.2. “Pingbix” means Colortext Digital Solutions Private Limited, a company registered in India with its registered office at: 112, Express Green Plaza, Sector-1, Vaishali, Ghaziabad, Uttar Pradesh, India, 201010.

1.3. We are willing to make the Services available to You subject to these Terms.

2. Binding Effect

2.1. By accepting these Terms, You enter into a binding legal agreement. If You accept these Terms on behalf of Your employer or another legal entity, You confirm that You are authorized to act on their behalf.

2.2. You are not eligible to use Our Services if You are not of legal age to enter into a binding contract or if You are prohibited by law from using them.

2.3. If a separate written contract exists between You and Pingbix for particular Services, that contract takes precedence over these Terms.

2.4. Additional or conflicting terms included in Your purchase order, correspondence, or standardized documents have no force unless explicitly accepted by Pingbix in writing.

3. The Service

The Services enable You to use Our communication platform for sending or receiving messages, notifications, calls, emails, chat experiences, flows, campaigns, and other CPaaS functionalities.

Billable units consumed under the Services are referred to as “Chargeable Events.”

Service-specific details are defined in the Service Description, which You accept as part of these Terms. Pingbix reserves the right to modify Service Descriptions at any time.

4. Availability and Interruption of the Service

4.1. Pingbix will take reasonable efforts to maintain high availability of its Services. However, You acknowledge that communication delivery depends on numerous external factors, such as telecom network quality, operator routing rules, device capacity, power outages, signal fluctuations, environmental interference, regulatory filtering, or restrictions imposed by Meta/WhatsApp, Email providers, or carrier networks. These dependencies mean that uninterrupted service cannot be guaranteed.

4.2. Due to such external dependencies, Pingbix cannot assure uninterrupted access to the Services, nor can it guarantee that every communication You initiate will reach its intended recipient. Delivery results may vary depending on third-party systems over which Pingbix has no control.

4.3. Pingbix provides Services on an “as is” and “as available” basis. We do not guarantee uninterrupted uptime, delivery success, or any implied warranties of fitness or non-infringement.

4.4. We may alter or improve the Services at any time without materially affecting core functionality.

4.5. Routine or emergency maintenance may require temporary suspension. We will notify You where reasonably possible.

4.6. We may suspend Your account or restrict Chargeable Events at Our discretion, including for suspected abuse, overdue payments, or legal risks.

4.7. Accounts inactive for more than six (6) months may be suspended. Reactivation requires a written request three (3) working days in advance.

5. Account, Passwords, and Security

5.1. You must provide complete and accurate information when registering for the Services. Any inaccuracies may result in service suspension or termination. You agree to indemnify Pingbix for any damages or regulatory issues caused by Your failure to provide correct information.

5.2. Depending on the Services You use, Pingbix may issue or require You to create login credentials, API keys, tokens, or security codes. These credentials grant access to communication capabilities and must be protected carefully.

5.3. You are solely responsible for maintaining the confidentiality of all authentication credentials. You must prevent unauthorized access by ensuring secure storage and limiting access only to trusted personnel. If You detect or suspect misuse, You must notify Pingbix immediately. Any activity performed using Your credentials - whether authorized or unauthorized - will be treated as Your responsibility. You bear full liability for message traffic, payment obligations, potential fraud, or data exposure resulting from compromised credentials.

5.4. You must comply with Pingbix’s security standards, including implementing appropriate safeguards within Your systems, and report any suspected credential compromise to support@pingbix.com without delay.

6. Confidentiality and Data Protection

6.1. All information exchanged between You and Pingbix that is not publicly available must be treated as confidential. Such information may only be disclosed when required by law, directed by regulatory bodies, or shared with professional advisors who are bound by equivalent confidentiality obligations.

6.2. Pingbix will handle personal data in accordance with its Privacy Policy and applicable data protection laws.

6.3. With respect to personal data of end-users provided by You, You act as the Data Controller and Pingbix acts as the Data Processor. You confirm that You have secured all necessary consents from end-users under GDPR, India’s DPDP Act, TRAI/DLT rules, or other applicable laws. Pingbix processes such data exclusively as per Your instructions and the Data Processing Agreement (DPA). A pre-signed DPA is available upon request.

7. Support Services

7.1. Unless otherwise agreed, Pingbix provides technical support through email at support@pingbix.com. Support response time may vary depending on the nature of the issue, urgency, and subscription tier.

8. Client Charges and Payment

8.1. Operator fees, regulatory charges, routing costs, and platform pricing may change at any time. Pingbix will notify You via email or display changes on the website. Updated rates apply immediately unless otherwise stated.

8.2. You are solely responsible for maintaining adequate balance or credit limit before initiating communications. Pingbix is not liable for failed messages, blocked traffic, or service disruption caused by insufficient credits.

8.3. Every communication attempt - whether delivered, pending, filtered, or undelivered-is counted as a billable Chargeable Event. This applies uniformly across all channels: SMS, WhatsApp, RCS, Email, Voice, or API-triggered events.

8.4. If You fail to pay within the stipulated timeframe, Pingbix may suspend Services without delay until outstanding payments are settled.

8.5. You are responsible for payment gateway fees, bank charges, international transfer deductions, or any additional financial costs. Pingbix must receive the full invoice amount.

8.6. All payments are generally made in Indian Rupees (INR), unless Your commercial agreement specifies a different currency.

8.7 Prepaid Terms

Credits must be purchased in advance. Each Chargeable Event reduces the available balance. Credits remain valid for twelve (12) months. Payments are non-refundable except where mandated by consumer protection laws.

8.8 Postpaid Terms

If Pingbix authorizes You for postpaid billing:

• Monthly invoices will be generated on or before the 10th day of each month.
• Payment must be completed within fifteen (15) days of invoice issuance.
• Any disputes must be raised before the payment due date, supported by relevant logs or evidence.
• Pingbix may set monthly or total credit limits based on Your credit history, usage patterns, and financial risk. Reaching these limits may trigger temporary service suspension.
• Services resume once payments are cleared or limits are reset.

9. Marketing

Both parties may display each other’s names or logos exclusively for limited promotional references, such as case studies or partnership acknowledgements. Such usage must comply with brand guidelines and must not create any false impression of legal affiliation or endorsement. These rights automatically expire upon termination of this Agreement.

10. Rules of Use

10.1. You must not use the Services to send unsolicited marketing communications, spam, or excessive volumes that may harm end-user experience. You are prohibited from transmitting content that is illegal, harassing, defamatory, deceptive, obscene, hateful, or harmful. You must not engage in any activity that infringes third-party intellectual property or violates national or international laws. Further, You must not utilize the Services to compromise the integrity or performance of networks, devices, or systems.

10.2. You are responsible for ensuring that Your communications comply with all applicable laws, including but not limited to TRAI regulations, DLT registration rules, Meta/WhatsApp Business and Commerce Policies, Email compliance laws, GDPR, and the DPDP Act. You must promptly follow Pingbix’s instructions regarding acceptable content, traffic routing, frequency controls, and compliance guidelines.

10.3. If Pingbix suspects that You are sending unauthorized, illegal, or harmful content, Pingbix may block, filter, or suspend such traffic immediately to protect its infrastructure and comply with regulatory obligations. No refunds shall be issued for traffic blocked under this clause.

10.4. You must provide Pingbix, regulators, or telecom operators with accurate information, documentation, content samples, or logs whenever requested as part of compliance investigations.

10.6. When requested, You must provide accurate forecasts of expected traffic volumes, message types, peak usage patterns, and routing requirements. These enable Pingbix to ensure adequate capacity planning and operational readiness.

10.7. Pingbix may suspend Your traffic flow temporarily if Your account shows suspicious patterns, legal violations, traffic surges, or risks to platform security. You must immediately comply with any such direction.

10.8. You warrant that all data, content, media, or communication material used by You is owned or properly licensed. Pingbix will not be responsible for any claims arising from unauthorized content, and You shall indemnify Pingbix for all losses or damages arising from such violations.

11. Disclaimers, Limitations of Liability & Indemnification

11.1. Pingbix’s total liability for all damages arising under this Agreement shall not exceed the total amount paid by You in the preceding twelve (12) months.

11.2. Nothing within this Agreement limits liability for fraud, intentional misconduct, or death/personal injury caused by negligence.

11.3. Pingbix is not liable for indirect or consequential damages, including loss of revenue, anticipated profits, business interruption, loss of goodwill, loss of data, or regulatory penalties resulting from Your non-compliance. Pingbix is not responsible for delivery delays or failures caused by network operators, platform filters, or inaccurate end-user information.

11.5. You agree to fully indemnify Pingbix for any losses, penalties, fines, legal expenses, or claims arising from Your breach of this Agreement, Your illegal or unauthorized content, Your misuse of the Services, or Your violations of laws or third-party rights.

12. Term and Termination

12.1. Either party may terminate this Agreement at any time by providing notice, with or without cause.

12.2. Immediate termination may occur if a party becomes insolvent, enters liquidation, commits a material breach that is not remedied within fourteen (14) days, or if regulatory changes prevent the continuation of the Services.

12.5. Upon termination, You must immediately stop using all Services. Any outstanding fees become due immediately. Unused credits purchased more than seven (7) days prior to termination will be forfeited. All licenses and access rights granted under this Agreement automatically expire.

13. Force Majeure

Neither party shall be liable for delays, failures, or interruptions caused by events beyond reasonable control, including natural disasters, operator network outages, governmental restrictions, pandemics, system failures, or telecom congestion. Performance shall resume once such conditions cease.

14. Assignment

Pingbix may assign its rights or obligations to affiliates, successors, or third-party partners without requiring Your consent. You may not assign this Agreement unless Pingbix provides written approval.

15. Intellectual Property Rights

15.1. All intellectual property rights, including platform code, software, APIs, trademarks, graphic assets, interface designs, and communication systems, belong exclusively to Pingbix or its licensors.

15.2. Pingbix grants You a limited, non-exclusive, non-transferable license to use the Services solely for Your internal business communications, subject to these Terms.

15.3. You may not reverse engineer, decompile, modify, clone, sublicense, or redistribute the platform or any supporting software. You must remove or refrain from removing any proprietary notices or disclaimers.

15.5. You authorize Pingbix to create anonymized, aggregated data (“Resultant Data”) from Your usage patterns for the purpose of improving services, analytics, fraud detection, and lawful reporting. Resultant Data does not contain personal or identifiable information.

15.6. Pingbix may analyze communication metadata, including message timestamps, call durations, routing patterns, or delivery outcomes, to enhance system performance or meet legal obligations.

16. Severability

If any clause within this Agreement is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17. Governing Law & Dispute Resolution

17.1. This Agreement is governed by the laws of India.

17.2. Courts located in Ghaziabad or Delhi NCR shall have exclusive jurisdiction over disputes arising from this Agreement, except that Pingbix may pursue debt recovery in the Client’s jurisdiction if required.

18. Summary Terms and Conditions

You confirm that You own or are authorized to use the contact details and data submitted through the Services. You accept full responsibility for compliance with these Terms, and by continuing to use Pingbix, You reaffirm Your acceptance of this Agreement.