Terms of Service for AutoSMS Excel

Last Updated: January 28, 2026

These Terms of Service ("Terms") govern your use of the AutoSMS Excel mobile application ("App") provided by Binaryscript Private Limited ("we," "us," or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms.

1. Acceptance of Terms

1.1 By accessing or using AutoSMS Excel, you agree to comply with and be bound by these Terms and our Privacy Policy.

1.2 These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Binaryscript Private Limited.

1.3 You must be at least 13 years of age to use this App. If you are under 18, you must have parental or guardian consent to use the App.

1.4 We reserve the right to modify these Terms at any time. Continued use of the App after changes constitutes acceptance of the modified Terms.

2. License and Use

2.1 License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal or business purposes in accordance with these Terms.

2.2 Restrictions

You may NOT:

• Modify, reverse engineer, decompile, or disassemble the App
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Use the App for any illegal or unauthorized purpose
• Distribute, sublicense, rent, lease, or lend the App
• Use the App to send spam, unsolicited messages, or engage in harassment
• Violate any applicable laws, including but not limited to:
  • Telecom Regulatory Authority of India (TRAI) regulations
  • Information Technology Act, 2000 (India)
  • CAN-SPAM Act (if applicable)
  • GDPR (if applicable)
  • Any anti-spam or telecommunications laws in your jurisdiction
• Attempt to gain unauthorized access to the App or its related systems
• Interfere with or disrupt the App's functionality
• Use the App in any manner that could damage, disable, or impair the App

2.3 Acceptable Use

You agree to:

• Obtain proper consent from recipients before sending SMS messages
• Comply with all applicable telecommunications laws and regulations
• Use the App only for legitimate personal or business communication
• Respect recipient privacy and opt-out requests
• Provide accurate information when using the App

3. Account and Subscription

3.1 No Account Required

The App does not require account creation or login. All data is stored locally on your device.

3.2 Subscription Plans

3.3 Payment and Billing

• All payments are processed through Google Play Billing
• Prices are displayed in your local currency and include applicable taxes
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
• Your Google Play account will be charged for renewal within 24 hours prior to the end of the current period
• Lifetime purchases are one-time payments with no recurring charges

3.4 Free Trial (if applicable)

• Free trials, if offered, are available only once per user
• You may cancel during the trial period without being charged
• If not canceled, the subscription will automatically begin at the end of the trial period

3.5 Cancellation and Refunds

• You may cancel your subscription at any time through Google Play Store settings
• Cancellation takes effect at the end of the current billing period
• No refunds will be provided for partial subscription periods, except as required by law
• Refund requests must be made through Google Play Store within the applicable refund window
• We reserve the right to offer refunds on a case-by-case basis at our sole discretion

3.6 Subscription Management

• You can manage your subscription through Google Play Store
• To restore purchases on a new device, use the "Restore Purchases" feature in the App

4. App Functionality and Limitations

4.1 SMS Sending

4.2 CSV File Handling

• You are responsible for the accuracy and legality of data in your CSV files
• The App parses and processes CSV files locally on your device
• Maximum file size and performance may vary based on your device capabilities
• The App supports standard CSV format; other formats may not work correctly

4.3 Data Storage

4.4 No Warranty of Delivery

• We do not guarantee that SMS messages will be delivered
• Message delivery depends on your carrier, device, and recipient's carrier
• We are not responsible for failed, delayed, or undelivered messages

5. Prohibited Uses

Violation of these prohibitions may result in immediate termination of your license and potential legal action.

6. Intellectual Property

6.1 Ownership

The App, including all content, features, functionality, code, design, graphics, and trademarks, is owned by Binaryscript Private Limited and is protected by Indian and international copyright, trademark, and intellectual property laws.

6.2 Your Content

You retain ownership of all data you input into the App (CSV files, message templates, etc.). By using the App, you grant us a limited license to process this data solely for the purpose of providing the App's functionality. This data is processed locally on your device and is not transmitted to our servers.

6.3 Feedback

If you provide feedback, suggestions, or ideas about the App, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution.

7. Disclaimers

7.1 "AS IS" Basis

7.2 No Guarantee

We do not guarantee that:

• The App will be error-free, uninterrupted, or secure
• Defects will be corrected
• The App will meet your requirements or expectations
• Results obtained from the App will be accurate or reliable

7.3 Third-Party Services

The App integrates with third-party services (Google Firebase, Google Play Billing, your device's SMS app). We are not responsible for the functionality, availability, or policies of these third-party services.

7.4 Your Responsibility

8. Limitation of Liability

8.3 We are not liable for:

• Costs of SMS messages charged by your carrier
• Lost or corrupted data due to device failure or user error
• Unauthorized access to your device or data
• Consequences of messages sent using the App
• Actions of third-party service providers
• Violations of law by you or recipients
• Failures of your device's SMS app or carrier services

8.4 Some jurisdictions do not allow the exclusion or limitation of certain liabilities, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Binaryscript Private Limited, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of applicable laws or regulations
• The content of messages you send using the App
• Any claims by recipients of your messages

10. Termination

10.1 Termination by You

You may stop using the App at any time by uninstalling it from your device.

10.2 Termination by Us

We reserve the right to suspend or terminate your access to the App at any time, without notice, for:

• Violation of these Terms
• Illegal or fraudulent activity
• Abuse of the App or its services
• Any other reason at our sole discretion

10.3 Effect of Termination

Upon termination:

• Your license to use the App immediately ceases
• You must uninstall the App from your device
• Any outstanding subscription fees are non-refundable (except as required by law)
• Provisions of these Terms that by their nature should survive termination will continue to apply

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

11.2 Jurisdiction

Any disputes arising from these Terms or the App shall be subject to the exclusive jurisdiction of the courts in India.

11.3 Arbitration (Optional)

Before filing any legal action, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. If the dispute cannot be resolved within 30 days, either party may pursue arbitration or litigation.

11.4 Class Action Waiver

To the extent permitted by law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. Compliance with Laws

12.1 Indian Laws

You agree to comply with:

• Information Technology Act, 2000 and its amendments
• Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009
• Telecom Regulatory Authority of India (TRAI) regulations, including DND (Do Not Disturb) guidelines
• Consumer Protection Act, 2019
• Any other applicable Indian laws and regulations

12.2 International Compliance

If you use the App outside India, you are responsible for compliance with local laws, including but not limited to:

• GDPR (European Union)
• CAN-SPAM Act (United States)
• CASL (Canada)
• Privacy Act (Australia)

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Binaryscript Private Limited regarding the App.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

13.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us.

13.6 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, natural disasters, government actions, or network failures.

13.7 Language

These Terms are drafted in English. In case of any conflict between the English version and any translation, the English version shall prevail.

14. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

Binaryscript Private Limited
Email: [email protected]
Response Time: Within 7 business days

For legal notices, please email: [email protected] with the subject line "Legal Notice - AutoSMS Excel"

15. Acknowledgment