Terms of Service

1. Agreement to These Terms

These Terms of Service (“Terms”) govern your access to and use of the FirstConnectt website and, unless superseded by a separate written agreement, our communication platform services (collectively, the “Services”). Please read these Terms carefully before using the Services. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and “you” refers to that organization. If you have entered into a separate master services agreement, order form, or statement of work with FirstConnectt, that agreement governs in the event of any conflict with these Terms.

If you do not agree to these Terms, you must not access or use the Services.

2. Definitions

FirstConnectt, we, us, our

FirstConnectt, the provider of the Services, with its office at 418, 4th Floor, Palm Spring, New Link Rd, Malad West, Mumbai, Maharashtra 400064, India.

Customer, you, your

The individual or business entity registering for an account or accessing or using the Services.

Services

The FirstConnectt website, communication platform, application programming interfaces (APIs), software development kits (SDKs), documentation, and related products and features made available by FirstConnectt from time to time.

Customer Data

Any data, content, or information that you or your end users submit to, or transmit through, the Services.

End User

An individual or entity to whom you send communications, or who otherwise interacts with you, through the Services.

Channel

A third-party communication channel or network (such as SMS, WhatsApp, RCS, voice, or email) through which messages are delivered via the Services.

3. Eligibility and Accounts

The Services are intended for business use. You must be of legal age and capable of forming a binding contract to use the Services. Access to or use of the Services by anyone who is not legally capable of entering into a binding contract is prohibited.

To access certain features, you may need to register for an account and provide accurate, current, and complete information. You agree to keep your account information up to date and to promptly notify us of any changes.

4. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Keep your passwords and account credentials secure and confidential;
• Not share your account or allow it to be used by more than one authorized user unless expressly permitted;
• Notify us immediately of any unauthorized access to, or use of, your account or any other breach of security;
• Ensure that you exit or log out from your account at the end of each session where appropriate.

We are not liable for any loss or damage arising from your failure to comply with these security obligations.

5. Use of the Services and License

Subject to your compliance with these Terms, FirstConnectt grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Services for your internal business purposes during the term of your use.

You agree to use the Services only for lawful purposes and in accordance with these Terms, all applicable laws, and applicable telecommunications, messaging, and data protection regulations in the jurisdictions where you send or receive communications.

6. Acceptable Use

You must not use, and must not permit any third party to use, the Services to:

• Send spam, unsolicited, deceptive, or fraudulent communications, or engage in phishing or similar practices;
• Transmit content that is unlawful, defamatory, harassing, abusive, obscene, hateful, or that infringes the intellectual property or other rights of any person;
• Distribute malware, viruses, or any other harmful or malicious code;
• Attempt to gain unauthorized access to the Services, related systems, or the accounts of other users;
• Interfere with, disrupt, or place undue burden on the integrity or performance of the Services or the networks connected to them;
• Reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent permitted by applicable law;
• Resell, sublicense, or misuse the Services in violation of applicable carrier, channel-provider, or regulatory policies (including WhatsApp, RCS, SMS, voice, and email channel requirements).

We may suspend or restrict access to the Services where we reasonably believe your use violates these Terms, applicable law, or carrier or channel-provider requirements, or poses a security or integrity risk to the platform or other customers.

7. Customer Responsibilities and Compliance

You are solely responsible for the content of communications you send through the Services and for ensuring that your use complies with all applicable laws and regulations. In particular, you agree to:

• Obtain and maintain all consents, permissions, and authorizations required from your end users, including any consents required for marketing or promotional messages;
• Provide clear opt-out mechanisms and promptly honor all opt-out and unsubscribe requests;
• Comply with all applicable anti-spam, telemarketing, consumer protection, and data protection laws and with the policies of the relevant Channels;
• Maintain records of consents where required by applicable law.

8. Customer Data and Privacy

As between you and FirstConnectt, you retain all rights in your Customer Data. You grant us the rights necessary to host, process, and transmit Customer Data solely to provide, secure, and improve the Services and as otherwise permitted by your agreement with us.

You are responsible for the accuracy, quality, and legality of Customer Data and for ensuring that you have all rights and consents necessary for us to process it. Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.

9. Intellectual Property

The Services, including all software, technology, designs, text, graphics, logos, and other content provided by FirstConnectt, are owned by FirstConnectt or its licensors and are protected by intellectual property and other laws. Except as expressly permitted in these Terms, you may not copy, modify, distribute, sell, lease, create derivative works from, or otherwise exploit any part of the Services.

If you provide us with any feedback or suggestions about the Services, you agree that we may use such feedback without restriction and without any obligation to you.

10. Intellectual Property Infringement Notices

We respect the intellectual property rights of others and expect our users to do the same. If you believe that content made available through the Services infringes your intellectual property rights, please notify us at hello@firstconnectt.com with sufficient detail to identify the allegedly infringing material and the rights concerned. We will review and respond to properly submitted notices in accordance with applicable law and may remove infringing content or suspend repeat infringers.

11. Third-Party Services and Channels

The Services interoperate with third-party communication channels, carriers, and platforms (such as messaging channels and telecom networks). Your use of those channels may be subject to additional third-party terms and policies, and we are not responsible for third-party services that we do not control. Channel availability, features, pricing, and policies may change based on third-party requirements.

12. Fees and Payment

Fees for the Services, where applicable, are set out in your order form, agreement, or applicable pricing terms. Unless otherwise stated, fees are exclusive of taxes, duties, and levies, which you are responsible for paying. Overdue amounts may accrue interest to the extent permitted by law and may result in suspension of the Services in accordance with your agreement.

13. Service Availability and Support

We strive to keep the Services available and reliable. Where a service level agreement (SLA) applies to your subscription, it is set out in your agreement with us. We may perform scheduled or emergency maintenance and may modify, enhance, or discontinue features of the Services from time to time. We will use commercially reasonable efforts to provide notice of material changes where practicable.

14. Confidentiality

Each party may have access to non-public information of the other party that is designated as confidential or that a reasonable person would understand to be confidential (“Confidential Information”). Each party agrees to protect the other party’s Confidential Information using at least the same degree of care it uses to protect its own confidential information, and to use it only as necessary to exercise its rights and perform its obligations under these Terms. These obligations do not apply to information that is or becomes public through no fault of the receiving party, is independently developed, or is required to be disclosed by law.

15. Term, Suspension, and Termination

You may stop using the Services at any time, subject to the terms of any separate agreement. We may suspend or terminate your access to the Services for material breach of these Terms that remains uncured after reasonable notice, where required to comply with law, or to address a security, integrity, or legal risk.

Upon termination, your right to use the Services will cease. Provisions that by their nature should survive termination — including those relating to intellectual property, confidentiality, disclaimers, limitations of liability, and indemnification — will survive.

16. Disclaimers

Except as expressly set out in a written agreement with you, the Services are provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or completely secure, or that messages will be delivered without delay or failure due to factors outside our control.

17. Limitation of Liability

To the maximum extent permitted by law, FirstConnectt will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, business, or goodwill, arising out of or in connection with the Services, whether based in contract, tort, or any other legal theory, even if advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Services will not exceed the amounts paid by you to FirstConnectt for the Services giving rise to the claim in the twelve (12) months preceding the event giving rise to the liability. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

18. Indemnification

You agree to indemnify, defend, and hold harmless FirstConnectt and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: your Customer Data; your use of the Services in violation of these Terms; your violation of applicable law; or your infringement of the rights of any third party.

19. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict-of-laws principles. Subject to any separate written agreement between the parties, the courts of Mumbai, Maharashtra shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms or the Services.

The parties will attempt to resolve any dispute amicably through good-faith discussions before initiating formal proceedings. Nothing in this section prevents either party from seeking injunctive or equitable relief to protect its intellectual property or Confidential Information.

20. Force Majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, government action, labor disputes, failures of telecommunications or Channel providers, or interruptions of the internet or power.

21. General Provisions

• Entire Agreement: These Terms, together with any applicable order form, agreement, and the policies referenced herein, constitute the entire agreement between you and FirstConnectt regarding the Services and supersede all prior understandings on that subject.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: A failure or delay in exercising any right under these Terms is not a waiver of that right.
• Notices: Notices to you may be provided through the Services or to the contact details associated with your account. Notices to us should be sent to the contact details in the “Contact Us” section below.
• Relationship: Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between the parties.

22. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date at the top of this page and, where required, provide additional notice. Your continued use of the Services after the changes take effect constitutes your acceptance of the updated Terms.

23. Contact Us

If you have any questions about these Terms, please contact us at hello@firstconnectt.com, or write to us at: FirstConnectt, 418, 4th Floor, Palm Spring, New Link Rd, Malad West, Mumbai, Maharashtra 400064, India.