ZOHO CPaaS – TERMS OF USE

ZOHO CPaaS ("ZOHO CPaaS" OR THE "SERVICE") IS A COMMUNICATION PLATFORM THAT ENABLES YOU TO SEND AND MANAGE TRANSACTIONAL COMMUNICATIONS ACROSS MULTIPLE CHANNELS, NAMELY EMAIL, SMS, WHATSAPP, AND VoiP CALLING (EACH A "CHANNEL" AND COLLECTIVELY, THE "CHANNELS"). ZOHO CPaaS IS PROVIDED TO YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER "YOU" OR "YOUR") BY THE APPLICABLE ZOHO ENTITY LISTED HERE (HEREINAFTER "ZOHO"), ACCORDING TO THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE TERMS SPECIFIC TO EACH CHANNEL (THE "CHANNEL-SPECIFIC TERMS") (TOGETHER, HEREINAFTER "TERMS") IN ADDITION TO THE ZOHO GENERAL TERMS OF SERVICE. USE OF ZOHO CPaaS SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND THE GENERAL TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PROCEED OR USE ZOHO CPaaS IN ANY MANNER.

In the event of a conflict between the Channel-Specific Terms and any other provision of these Terms, the Channel-Specific Terms shall prevail to the extent of the conflict, solely with respect to that Channel.

Accessing Zoho CPaaS

Zoho CPaaS is part of Zoho's suite of online collaboration, business, and productivity applications. You will be able to access Zoho CPaaS by using your common account for all Zoho Services (hereinafter "Zoho Account").

Accessing Other Zoho Services

Other Zoho Services may be integrated with Zoho CPaaS. Your Zoho Account will also allow you to access all Zoho Services even if such Zoho Services are not integrated with Zoho CPaaS. Use of some of these Zoho Services may require acceptance of terms of service specific to such Zoho Services (hereinafter "Service Specific Terms"). You must read, understand, and accept the Service Specific Terms before using the corresponding Zoho Service.

Prohibited Activities

By using Zoho CPaaS, you agree that you will not use the Service to:

  1. Send, transmit, or distribute content that infringes the intellectual property or other proprietary rights of any party.
  2. Send, transmit, or distribute content that is pornographic, obscene, or that impersonates any individual or entity.
  3. Create a load on Zoho's servers, or abuse Zoho's bandwidth.
  4. Violate any applicable local, state, national, or international law or regulation, including data protection, telecommunications, and consumer protection laws.
  5. Distribute or sell illegal or counterfeit products or services.
  6. Interfere with or disrupt the provisioning of Zoho CPaaS.
  7. Carry out scamming activities such as pyramid schemes, multi-level marketing (MLM) recruitment, affiliate marketing spam, search engine optimization (SEO) spam, or click fraud.
  8. Promote or sell pharmaceutical products, gambling services, or e-cigarettes/vaping products.
  9. Promote dangerous or illegal activities.
  10. Contain links to, or otherwise direct recipients to, sites or services engaged in any of the activities listed above.
  11. Exploit or harm minors in any way.
  12. Transmit malicious code, viruses, malware, or similar software that could harm or interfere with the operation of any network, server, or infrastructure used to provide the Service.

Usage Limits

Zoho may prescribe usage limits for any Channel, including limits on message/call volume, API calls, records per call, and bandwidth. You must ensure your usage stays within the prescribed limits to avail uninterrupted service. Zoho may restrict an activity once a corresponding usage limit is reached, and an API call may fail or be partially executed if usage limits are reached before or during the call.

Terms for Use of API

Integration of Zoho CPaaS with third-party applications using APIs provided by Zoho requires technical skill. You understand that errors or defects in the integration may cause loss and corruption of data. You must make sure that you use the services of technically skilled persons for the integration. You agree that Zoho is not liable for any loss and corruption of data caused due to errors or defects in the integration. You must not try to access any functionality that is not exposed in the documentation for the API. You understand and agree that Zoho will not be liable for the consequences of accessing or using any unexposed functionality of the API.

API Deprecation

Zoho, in its discretion, may cease providing the current version of the API either as a result of discontinuation of the API or upgradation of the API to a newer version. In both cases, the current version of the API will stand deprecated and become the deprecated version of the API (hereinafter "Deprecated Version"). When Zoho decides to deprecate the current version of the API, you will be informed about such deprecation through a service announcement. For a period of six months following announcement of deprecation (hereinafter the "Deprecation Period"), Zoho will use commercially reasonable efforts to support the Deprecated Version. You understand that Zoho is not obliged to provide the features of the newer version in the Deprecated Version.

Zoho in its discretion may cease supporting the Deprecated Version during the Deprecation Period if (i) Zoho is required to do so by law; (ii) you have breached any provision of these Terms or the General Terms of Service; or (iii) Zoho determines that supporting the API is likely to result in a security risk to Zoho.

Violations, Suspension and Termination

If your use of Zoho CPaaS is found to be in violation of these Terms, Zoho may, in its sole discretion, take appropriate action against you, which may include suspension or permanent termination of your access to the relevant Channel or to your user account, without any prior notification. Zoho is under no obligation to refund any fees paid by you in case of suspension or termination of your account for breach of these Terms.

No Refund

Zoho shall not provide any refund for (i) any unauthorized use of your service credits, either knowingly or unknowingly; and (ii) unused credits in your Zoho CPaaS account in the event of your closure of your Zoho CPaaS account, except as otherwise expressly stated for a specific Channel below or as required by applicable law.

Modification of Terms of Use

Zoho reserves the right to modify these Terms. Modifications to the Terms are effective upon your use of Zoho CPaaS subsequent to publication of such modification.

CHANNEL-SPECIFIC TERMS

1. Email

Email Campaigning

You agree not to use the Email Channel for sending mass emailing campaigns, including but not limited to marketing emails, promotional emails and newsletters. You may only use the Email Channel to send transactional email communications — communications that facilitate an already agreed-upon transaction or that update a customer about an ongoing transaction, such as welcome emails, order confirmations and password-reset emails.

Sender Information

Every email that you send using the Email Channel shall contain an 'about us' section that has the following information:

  1. Name and address of the entity that is sending the emails.
  2. Contact information, at least a valid telephone number as well as an email address.
  3. Name and contact information (phone number/email address) of an abuse/postmaster/legal representative for reporting complaints.

You shall not send emails to any contact if:

  1. You have bought, loaned, rented or acquired the contacts through any other means from a third party.
  2. You have obtained email addresses by scraping or by copying and pasting the email addresses from the internet.
  3. You do not maintain sufficient proof of explicit permission from your contacts to receive emails from you.
  4. The contact has unsubscribed from your mailing list or has expressed his/her intention not to receive emails from you.

Subject Lines

You agree not to use subject lines that mislead the recipient about the contents or subject matter of your emails.

Dedicated IP

By default, your emails are sent from IP addresses that are shared with other users of Zoho CPaaS ("Shared IP"). However, subject to satisfaction of an eligibility criteria determined by Zoho and payment of applicable fees, you have the option to send emails from dedicated IP address(es) that will be exclusively assigned to you by Zoho ("Dedicated IP"). If you send emails using Dedicated IP, you are responsible for (a) sending consistent and predictable volumes of emails; and (b) maintaining the reputation of your Dedicated IP to avoid any issues in email deliverability. You understand that Zoho reserves the right to route your emails through Shared IP, instead of Dedicated IP, in the event of any issues in email deliverability.

Monitoring and Throttling

In order to prevent spam and to detect possible violation of these Terms, Zoho reserves the right to monitor your account activities and email content both manually and through automated tools. Zoho also reserves the right to throttle emails sent by you, especially if you are sending emails for the first time.

Every email sent from the Email Channel will have an embedded ID in the email's header. Recipients may report suspected spam using this ID. If a recipient of your email marks it as spam, Zoho will receive a notification. If the number of emails marked as spam exceeds the below mentioned threshold, Zoho reserves the right to take appropriate action against you, which may include permanent termination of your user account.

Threshold for Bounces, Complaints, Unsubscribes and Un-justified/Spam Trap Hits

The bounce rates should be lower than 5% and spam complaint rates should be less than 10 in 10,000 emails (0.1%). Similarly, the maximum count for spam trap hit / un-justified complaint is 1 in 100,000 emails. In the event that your emails exceed the threshold(s) mentioned above, Zoho reserves the right to terminate your user account without any prior notification.

Email Record Deletion

You acknowledge and agree that Zoho will permanently erase email records (copies of emails sent and certain information relating to sent emails) depending on your subscription plan and the configuration of your Email Channel. Zoho has no obligation to retain such records beyond the applicable period.

Tracking of Open and Click Rates

Using the Email Channel, you can track open and click rates of transactional emails. Information such as Internet Protocol address, browser type and email client are collected from your recipients in order to track open and click rates. As a user, you must make sure that your use of the Email Channel complies with all applicable laws.

Bandwidth Abuse

You are provided with the facility to store and host files/images on Zoho's servers only to enable you to use them in your emails sent through the Email Channel. You shall not create a load on Zoho's servers or abuse Zoho's bandwidth by storing or hosting files/images on Zoho's servers for any other use such as using the files/images on websites and sending the images/files through other email delivery tools or any other script executions.

Deliverability of Emails

While Zoho will use commercially reasonable efforts to deliver your emails, there is no guarantee that the emails will be delivered at all times due to reasons that are beyond Zoho's reasonable control. You understand and agree that Zoho cannot be held responsible for delay or non-delivery of emails.

2. WhatsApp

WhatsApp Channel of Zoho CPaaS, which is made available to you pursuant to Zoho's agreements with Meta Platforms, Inc. and its affiliates ("Meta").Your use of the WhatsApp Channel is governed by the WhatsApp Client Terms, which themselves incorporate the WhatsApp Business Solution Terms and the WhatsApp Business Terms of Service published by Meta/WhatsApp. You must read, understand, and accept those terms before using the WhatsApp Channel.

3. VoIP Calling

VoIP (Voice over Internet Protocol) Channel of Zoho CPaaS enables you to initiate voice calls over the internet, rather than through traditional telephone lines or cellular networks. The VoIP Channel is currently powered by Zoho Voice and made available as an add-on to Zoho CPaaS. To use the VoIP Channel, you must separately purchase add-on voice credits from the Zoho Voice Store. Your use of the VoIP Channel is governed by the Zoho Voice – Terms of Use, which are incorporated into these Terms by reference.