VMC TECHNOLOGIES PRIVATE LIMITED – ACCEPTABLE USE POLICY

This Acceptable Use Policy (“AUP”) applies to all users of VMC Technologies Private Limited’s (We/VMC/Our/Us) services including but not limited to telephony and Software-as-a-Service (SaaS) communication services (the “Services”).

All customers (“you,” “your,” or “Customer”) are required to comply with this AUP. Its primary purpose is to ensure that our Services are used lawfully, ethically, and in accordance with the regulations set forth by the Telecom Regulatory Authority of India (TRAI) from time to time and other applicable laws, thereby protecting our network, reputation, and all our registered customers.

By accessing or using the Services, you agree to abide by this AUP and remain responsible for any activity conducted under your account, including by your employees, agents, or end-users. You must not engage in, encourage, or assist others in activities that would breach this AUP.

We actively enforce compliance with this AUP through measures we deem appropriate, which may include investigating complaints, monitoring usage patterns (including delivery failures and traffic anomalies), conducting audits, and taking corrective actions where required. Non-compliance may lead to suspension or termination of Services, legal action, and reporting to authorities as required.

This AUP is intended to be read in conjunction with, and does not replace, any applicable laws, regulations, or other binding legal requirements, including but not limited to DoT/TRAI regulations and other relevant statutory provisions.

To the extent that any matter is not expressly addressed in this AUP, or in the event of any inconsistency between this AUP and applicable law, the provisions of the applicable law shall prevail. Users are required to comply with all applicable laws, regulations, and statutory obligations in addition to the requirements set forth in this AUP.

1. Purpose

This Policy is intended to:

• Ensure lawful and responsible use of our Services.
• Prevent misuse that could disrupt networks, harm other users, or violate regulations.
• Ensure compliance with TRAI and Department of Telecommunications (DoT) directions.

You agree not to use the Services for any unlawful, abusive, or unauthorized activity/purpose, including but not limited to:

A. Unlawful Communications, such as:

B. Offensive or Harmful Use

C. Security Violations

D. Misrepresentation

• Impersonating any person or organization without authorization
• Masking the origin of calls/messages to deceive recipients or evade legal scrutiny.
• Transmitting any material that infringes upon the intellectual property rights, privacy, or publicity rights of others.

3. TRAI & DoT Compliance Obligations

As a user of our Services for commercial communication, you must strictly adhere to the latest Telecommunications Commercial Communications Customer Preference Regulations (TCCCPR) issued by TRAI. Key obligations include:

A. Consent (Opt-In): You must have clear, explicit, and verifiable consent from the recipient before sending any promotional or transactional SMS or making promotional voice calls. Consent cannot be inferred from silence, pre-ticked boxes, or non-response.

B. Sender ID (Header) Registration: You must use only the TRAI-approved and registered Headers (Sender IDs) and Template IDs for sending SMS. Unregistered or spoofed headers are strictly prohibited.

C. Content Template Approval: All promotional and transactional SMS content must be pre-approved by the relevant telecom operators and assigned a unique Template ID. Sending unapproved content is a violation.

D. DND (Do Not Disturb) Compliance: You are strictly prohibited from sending any promotional communication (SMS or voice calls) to any mobile number registered on the National Customer Preference Register (NCPR), commonly known as the DND list. The only exceptions are for transactional messages and service calls as defined by TRAI.

E. Clear Opt-Out Mechanism: Every promotional communication must contain a clear and simple option for the recipient to opt-out of receiving future communications from you (e.g., “Call xxxxxxxxxx or SMS ‘STOP’ to xxxxxx to unsubscribe”).

F. Identity & Purpose: All communications must clearly identify your business name and the purpose of the communication.

G. Time Restrictions: You must adhere to the time restrictions for sending promotional communications as mandated by TRAI (typically not before 9:00 AM and not after 9:00 PM).

Disclaimer: We facilitate the transmission of your communications but are not responsible for your compliance with TRAI’s content and consent rules. You are solely responsible for ensuring your messages and calls meet all regulatory requirements.

4. Monitoring, Audits & Complaints

A. We may monitor the use of our Services for the purpose of ensuring compliance with this AUP and TRAI regulations. However, we are not obligated to do so and disclaim any liability for your non-compliance.

B. We have the right to investigate any suspected violation of this AUP.

C. If we determine, in our sole discretion, that you have violated this AUP or any TRAI regulation, or we have received a direction from TRAI or DoT, we may take immediate action without prior notice. This may include, but is not limited to:

• Issuing a warning or notice, wherever permissible.
• Suspending or throttling your access to the Services.
• Terminating your account and Service Agreement.
• Reporting your activities to TRAI, law enforcement, or other appropriate regulatory bodies.
• Cooperating with legal investigations and providing relevant information as required by law.

Disclaimer: We are legally obligated to comply with all lawful directions and information requests from TRAI, DoT, law enforcement agencies, or other competent authorities. This may include disclosing user data, logs, or other information as mandated. Our monitoring is strictly for compliance and service integrity; we do not access content except as required under applicable law or directive. We are not liable for any losses incurred due to suspension, termination, or disclosure actions undertaken to comply with applicable laws and regulations.

5. Fair Usage

Your usage must remain within the limits defined under your service plan. Excessive or abusive traffic that disrupts service quality may result in throttling or suspension.

6. Customer Responsibilities

A. Data Accuracy: You are responsible for the accuracy and lawfulness of the recipient data (phone numbers) you use with our Services.

B. Record Keeping: You must maintain robust and verifiable records of consumer consent (opt-in) and opt-out requests for a period as mandated by TRAI (currently 12 months from the date of transaction) and provide them to us or any regulatory authority upon request.

C. Account Security: You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.

D. Reporting: You must promptly investigate and resolve any complaints related to your use of the Services.

7. Indemnity

You agree to indemnify and hold harmless Us, our affiliates, officers, and employees from any penalties, damages, costs, or regulatory actions resulting from your breach of this Policy or applicable regulations.

8. Amendments

We reserve the right to amend this AUP at any time to reflect changes in law, regulations, or our business practices. We will notify you of any material changes by posting the updated policy on our website or via email. Your continued use of the Services after such changes constitutes your acceptance of the new AUP.

9. Contact

For questions, compliance assistance, or to report misuse or suspected violation, please contact us at:
Compliance Department – VMC Technologies Private Limited
Email: __________________
Phone: __________________
Address: __________________

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