Terms & Conditions

1. Introduction

SendPK (“SendPK,” “we,” “us” or “our”) is a PTA-Approved SMS Aggregator headquartered in Lahore, Punjab, Pakistan. We provide Bulk SMS, Transactional SMS, OTP SMS, Branded (masked) SMS, Short Code SMS and WhatsApp Business Messaging services, delivered through a web Customer Portal and a set of HTTP/WhatsApp APIs, to enterprise, government, financial, educational, healthcare and individual clients across Pakistan.

These Terms form a binding agreement between SendPK and any person or entity that registers for, accesses, or uses our services (“Customer,” “you” or “your”). They should be read together with our Privacy Policy, which is incorporated into these Terms by reference.

2. Acceptance of Terms

By creating an account, clicking “I Agree,” submitting a Sender ID/masking application, integrating with our API, or otherwise accessing or using any part of our services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” refers to that entity.

3. Definitions

4. Eligibility

To register for and use the Services, you must:

• Be at least 18 years of age and capable of forming a binding contract under the Contract Act, 1872.
• If registering on behalf of a business, be duly authorized to act for that business and to bind it to these Terms.
• Provide accurate, current and complete registration and KYC information, and keep it up to date.
• Not be a person or entity barred from receiving telecom/messaging services under Pakistani law or PTA directive.

5. Account Registration

Certain Services require identity and business verification before activation, consistent with PTA’s regulatory framework for bulk messaging:

• Basic accounts require a name, mobile number and email address.
• Branded SMS (masking) accounts additionally require a signed, stamped application on company letterhead, the authorized representative’s CNIC, and the company’s NTN — see Section 15.
• WhatsApp Official accounts require Meta Business verification in addition to our own KYC, per Meta’s WhatsApp Business Platform requirements.
• You must promptly update your account details if any registration information changes, and you are responsible for the accuracy of information submitted for Sender ID or WhatsApp verification.

6. Customer Responsibilities

• Safeguard your Portal credentials and API key(s), and notify us immediately of any suspected unauthorized access.
• Ensure that every recipient list you upload consists exclusively of numbers you are lawfully entitled to message.
• Obtain and be able to evidence appropriate consent for promotional messaging, and honor opt-out requests.
• Use only Sender IDs and WhatsApp numbers registered to your own account.
• Maintain a sufficient account balance and settle invoices per the agreed Payment Terms.
• Comply with all applicable Pakistani laws, PTA regulations and these Terms in your use of the Services.

SendPK is a messaging platform, not a data or contact-list provider. We do not supply recipient numbers or customer data; every recipient list originates from, and remains the responsibility of, the Customer.

7. Acceptable Use Policy

You agree to use the Services only for lawful, legitimate business communication. Without limiting Sections 8–14, you must not use the Services to:

• Send messages to recipients who have not consented to receive them, where consent is legally required.
• Send messages that impersonate another person, brand or organization, or that misrepresent the sender’s identity.
• Interfere with, disrupt or attempt unauthorized access to our infrastructure or another Customer’s account.
• Circumvent rate limits, sender ID controls, or other technical safeguards we put in place.
• Resell or sublicense the Services to third parties except through an approved Reseller arrangement.

8. Prohibited Content

The following content may never be transmitted through our Services, regardless of Sender ID, campaign type or recipient consent:

9. Illegal Activities

You must not use the Services in furtherance of any activity that is unlawful under the laws of Pakistan, including but not limited to offences under the Prevention of Electronic Crimes Act, 2016 (PECA), the Pakistan Penal Code, telecom licensing law, or PTA regulations. This includes using the Services for unauthorized surveillance, unlawful debt collection, election-law violations, or facilitating any criminal enterprise. We reserve the right to suspend an account immediately and report suspected illegal activity to PTA, the FIA or other competent authorities.

10. Anti-Spam Policy

We operate a zero-tolerance policy toward unsolicited bulk messaging (“spam”). “Spam” includes any message sent to a recipient who has not opted in, who has opted out, or who could not reasonably expect to receive the message given their relationship with your business.

• You must be able to produce evidence of consent for any recipient list used for promotional messaging, on request.
• Opt-out requests (e.g. a reply of “STOP”) must be honored promptly and the recipient removed from future promotional sends.
• Repeated spam complaints or a high complaint rate reported by a Telecom Operator may result in suspension under Section 28, independent of any other action.

Report suspected abuse of our platform to [email protected].

11. Promotional SMS Rules

• Promotional (marketing) SMS must be sent from a properly registered Sender ID or an approved Semi-Branded route — never disguised as a transactional message.
• Sending is restricted to hours and frequency limits consistent with PTA’s consumer-protection guidance to reduce recipient nuisance.
• Every promotional message must allow a clear, working opt-out mechanism.
• Promotional traffic sent through a Transactional or OTP route in an attempt to bypass registration or restrictions is a material breach of these Terms and may result in immediate suspension.

12. Transactional SMS Rules

Transactional SMS routes (including Short Code delivery) are reserved for non-marketing, account-related communication — order confirmations, delivery updates, appointment reminders, billing alerts and similar notices tied to a specific transaction or account event initiated by the recipient or by a pre-existing customer relationship. Using a transactional route to send promotional content is prohibited and subject to immediate corrective action, including suspension of the offending template or account.

13. OTP Messaging Rules

• OTP (one-time password) messages must be triggered by an explicit user action (login, sign-up, transaction verification) on the Customer’s own platform.
• OTP templates are approved in advance and may only carry the agreed variable content (code, expiry, brand name) — no promotional text may be appended.
• Customers integrating OTP via API are responsible for their own rate-limiting to prevent abuse (e.g. automated OTP-bombing of a single number), and we may apply our own throttling to protect End Recipients and network capacity.

14. WhatsApp Messaging Rules

WhatsApp Official messaging is delivered through the Meta-operated WhatsApp Business Platform and is additionally governed by Meta’s WhatsApp Business Messaging Policy, including its rules on message templates, 24-hour customer-service windows, and quality ratings. A drop in your WhatsApp quality rating or template rejection by Meta is outside our control and may affect deliverability.

WhatsApp Non-Official messaging operates over a device-linked session and carries a materially different risk profile — including a higher risk of number restriction by WhatsApp/Meta — which you accept by opting into this service. Both WhatsApp services remain subject to the Anti-Spam, Prohibited Content and Acceptable Use provisions above.

15. Sender ID (Masking) Policy

A Sender ID (“mask”) is the registered brand name displayed in place of a phone number on a Branded SMS. Full requirements and the application form are published on our Branded SMS service page; the key contractual points are summarized here:

• Masks are registered with PTA against your NTN and business letterhead, and must match your registered business name — PTA will reject masks that do not.
• You may use an approved mask only for your own business communications — masks may not be leased, shared or sub-licensed to another entity.
• Mask approval and renewal fees are non-refundable once the registration process has commenced with PTA and the Telecom Operators.
• A mask found to be used for purposes materially different from those declared in the application may be suspended pending review.

16. Service-Specific Terms

In addition to the general provisions of these Terms, the following apply to specific service lines:

17. PTA Compliance

You agree to comply with all applicable PTA regulations and directives, including those on bulk/promotional SMS conduct, Sender ID registration, and consumer complaint handling. We may amend a feature, process or policy on short notice where necessary to comply with a new or updated PTA directive, and will communicate such changes to affected Customers.

18. Telecom Operator Compliance

Our routes to Jazz, Zong, Telenor and Ufone are governed by interconnect and aggregator agreements between SendPK and each operator. You agree to comply with any operator-specific technical or content restrictions we communicate to you (for example, template formatting rules for Short Code delivery). A Telecom Operator’s independent decision to block, throttle or filter traffic for regulatory or network-protection reasons is outside our control, and we will work with the operator to resolve legitimate traffic issues promptly.

19. Customer Data Responsibilities

You are solely responsible for the lawfulness, accuracy and provenance of every recipient number, contact list and piece of Message Content you submit through the Services. You warrant that you have all necessary rights and consents to send each message, and you agree to indemnify SendPK against claims arising from recipient data you provide, as further described in Section 36 (Indemnification).

20. API Usage Terms

• API access is authenticated by a unique api_key, which you must keep confidential and not embed in publicly accessible client-side code.
• Reasonable rate limits apply to protect platform stability for all Customers; sustained excessive request volumes may be throttled.
• We will provide reasonable advance notice before making a breaking change to a published API endpoint wherever operationally possible.
• You are responsible for the security, error-handling and correct use of the API within your own integration.

21. Service Availability

We work to keep the Services available and performant but do not guarantee uninterrupted, error-free operation. Availability may be affected by factors outside our reasonable control, including Telecom Operator or WhatsApp/Meta outages, internet backbone issues, or Force Majeure events described in Section 34. Where we offer a specific uptime commitment under a signed enterprise agreement, that agreement’s terms will govern.

22. Scheduled Maintenance

We may perform planned maintenance on our Portal, API or supporting infrastructure that results in brief periods of reduced availability. Where practical, we will schedule maintenance during low-traffic windows and provide advance notice via the Portal, email or our status channels for maintenance expected to materially affect service delivery.

23. Fair Usage Policy

Sending limits, throughput rates and queue priority are allocated to keep the platform reliable for every Customer. Accounts that generate abnormal patterns — for example, sudden multi-fold spikes in volume inconsistent with historical usage, unusually high invalid-number rates, or high complaint/spam rates — may be subject to temporary throttling while we verify the traffic is legitimate. Customers expecting a large, planned volume increase should notify us in advance so capacity can be provisioned accordingly.

24. Billing Policy

• The Services are primarily prepaid: message credits are deducted from your account balance at the time of successful submission for delivery, per the per-message rate applicable to your account and service type.
• Enterprise Customers with a signed agreement may be invoiced on a post-paid cycle as specified in that agreement.
• Current rates are published on our Pricing page and in your account; rates may be updated with notice as described in Section 39 (Amendments).
• Mask registration/renewal fees, and any one-time setup fees for specific routes, are billed separately from per-message rates.

25. Payment Terms

• Payments are accepted through the methods listed in your Portal (e.g. bank transfer, deposit, or an integrated payment gateway); we do not accept payment instructions received outside official channels.
• Post-paid invoices are due within the period stated on the invoice, typically 15 days from issue unless a signed agreement specifies otherwise.
• Overdue post-paid balances may result in service suspension under Section 28 until settled.
• Billing queries should be raised within 30 days of the invoice or transaction date to [email protected].

26. Refund Policy

Message credits are consumed at the point of successful submission to the destination network and are, as a general rule, non-refundable once consumed. We will investigate and, where verified, credit your account for messages that failed due to a proven platform-side fault (for example, a confirmed system error that prevented submission). Refunds are not available for:

• Messages undeliverable due to invalid, inactive or incorrectly formatted recipient numbers supplied by the Customer.
• Non-delivery caused by a recipient’s handset, network coverage, or Telecom Operator-side filtering of non-compliant content.
• Mask registration or setup fees once the PTA/operator registration process has commenced.
• Accounts terminated for a breach of these Terms.

27. Fraud Prevention & Account Misuse

We employ automated and manual controls to detect fraud and account misuse, including credential compromise, artificially inflated traffic (SMS/WhatsApp pumping), OTP abuse, and unauthorized reseller sub-accounts. Where we reasonably suspect fraud or misuse, we may, without prior notice, suspend affected functionality, freeze a balance pending investigation, or require re-verification of your account. Confirmed fraud may result in permanent termination under Section 29 and referral to PTA or law enforcement.

28. Service Suspension

We may suspend some or all of your access to the Services, with or without prior notice depending on severity, where we reasonably believe:

• You have violated the Acceptable Use Policy, Anti-Spam Policy, or Prohibited Content rules;
• Your account poses a security risk to SendPK, another Customer, or an End Recipient;
• A payment obligation is overdue and unresolved after notice;
• We receive a directive from PTA, a Telecom Operator, WhatsApp/Meta, or a court/law-enforcement authority requiring suspension.

Where practical, we will notify you of the reason for suspension and the steps required for reinstatement.

29. Account Termination

• By you — you may close your account at any time by written request to [email protected], subject to settlement of any outstanding balance owed to us.
• By us — we may terminate an account for a material, uncured breach of these Terms, for confirmed fraud, or where continued service would violate a legal or regulatory obligation.
• Termination does not relieve either party of obligations that accrued before termination, including payment for Services already delivered and the Confidentiality obligations in Section 31.
• Unused prepaid credit is handled per Section 26 (Refund Policy).

30. Intellectual Property

All rights, title and interest in and to the SendPK platform, Portal, API, software, documentation, trademarks and logos remain the exclusive property of SendPK or its licensors. These Terms grant you a limited, non-exclusive, non-transferable right to use the Services for your own business purposes — no ownership interest is transferred. You retain all rights to your own Message Content, brand names and Sender IDs; you grant us only the limited license necessary to transmit that content as instructed.

31. Confidentiality

Each party agrees to keep confidential any non-public business, technical or account information disclosed by the other party in connection with the Services (“Confidential Information”), and to use it solely to perform its obligations under these Terms. This obligation does not apply to information that is or becomes public through no fault of the receiving party, or that must be disclosed by law — in which case the disclosing party will, where legally permitted, be given prior notice. This Section survives termination of these Terms.

32. Security Obligations

We maintain administrative, technical and physical safeguards appropriate to the sensitivity of the data we process, as further described in our Privacy Policy. You agree to maintain reasonable security over your own credentials, systems and integrations, and to notify us promptly at [email protected] of any suspected security incident involving your account.

33. Third-Party Integrations

Where you connect the Services to a third-party system (a CRM, e-commerce platform, or your own software via our API), you are responsible for that integration’s configuration and security. We are not responsible for the acts, omissions, or security practices of third-party platforms you choose to integrate with, including WhatsApp/Meta’s own platform terms, which apply independently to WhatsApp Official messaging.

34. Force Majeure

Neither party will be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, fire, flood, war, terrorism, civil unrest, government action, internet or telecommunications infrastructure failure, nationwide network outages, PTA or governmental directive, labor disputes, or failures of a Telecom Operator, WhatsApp/Meta, or other essential third-party infrastructure provider.

35. Limitation of Liability

Neither party will be liable for indirect, incidental, special, consequential or punitive damages, including loss of profits, revenue, data or business opportunity, even if advised of the possibility of such damages. Nothing in these Terms limits liability that cannot be limited under applicable Pakistani law, including liability for fraud or willful misconduct.

36. Indemnification

You agree to indemnify, defend and hold harmless SendPK, its officers, employees and agents from and against any claim, liability, loss or expense (including reasonable legal fees) arising out of or relating to: (a) your breach of these Terms; (b) your Message Content or recipient data, including any lack of required consent; (c) your violation of applicable law or a third party’s rights; or (d) your Reseller sub-account holders’ use of the Services.

37. Governing Law

These Terms, and any dispute arising out of or in connection with them or the Services, are governed by and construed in accordance with the laws of the Islamic Republic of Pakistan, including the Contract Act, 1872, the Prevention of Electronic Crimes Act, 2016, and applicable PTA regulations, without regard to conflict-of-law principles.

38. Jurisdiction

Subject to Section 39 (Dispute Resolution), the courts situated at Lahore, Pakistan, will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and you consent to the personal jurisdiction of those courts.

39. Dispute Resolution

1. Good-faith negotiation — before initiating formal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation between authorized representatives within 30 days of written notice of the dispute.
2. Escalation — if unresolved, either party may refer the dispute to arbitration in accordance with the Arbitration Act, 1940 (or its successor legislation), with the arbitration seated in Lahore, Pakistan, and conducted in English, or may proceed directly to the courts identified in Section 38.
3. Interim relief — either party may seek urgent interim or injunctive relief from a competent court at any time to prevent irreparable harm, including in cases of suspected fraud, security breach, or unauthorized use of a Sender ID.

40. Amendments

We may revise these Terms from time to time to reflect changes in our Services, pricing, technology, or applicable law and PTA regulation. Material changes will be announced via a notice on our website, an in-Portal banner, or email to registered Customers, together with an updated “Last Updated” date at the top of this page. Your continued use of the Services after the effective date of a revision constitutes acceptance of the amended Terms; if you do not agree, you must stop using the Services and may close your account under Section 29.

41. Contact Information

For questions about these Terms, billing, or to report suspected abuse of our platform, please reach out through any of the channels below.