Last updated: 21 August 2026

These Terms of Service (the “Terms”) govern your access to and use of promotly.in and the promotly platform, operated by Givni, India (“promotly”, “we”, “us” or “our”). By creating an account or using the service you agree to these Terms. If you do not agree with them, please do not use the service.

1. Scope of the service

promotly is a multi-channel marketing communications platform. It allows you to:

Import and manage contact lists.
Compose and schedule bulk email, SMS and WhatsApp campaigns.
Build lead-capture forms and short links.
Track delivery, bounce, complaint, open and click activity for the messages you send.

We provide the tooling and delivery infrastructure. We do not create your contact lists, we do not write your message content, and we do not verify that you have permission to contact the recipients you upload. Those remain your responsibility under section 2.

Access to specific features and to sending volume depends on the plan you subscribe to. We may add, change or withdraw features as the service develops; where a change materially reduces functionality you are paying for, we will give you reasonable notice by email.

2. Your responsibilities

By using promotly, you undertake that:

You have consent. Every recipient on a list you upload has given you permission to contact them on the channel you are using. Purchased, scraped, rented or otherwise harvested lists are not permitted.
You identify yourself honestly. Sender names, reply-to addresses, subject lines and message content must accurately reflect who you are and what you are offering. Misleading headers and deceptive subject lines are prohibited.
You honour opt-outs. Marketing messages must include a functioning unsubscribe mechanism, and you must stop contacting anyone who opts out.
You keep your account secure. You are responsible for the confidentiality of your credentials and for all activity carried out under your account. Tell us promptly at info@promotly.in if you suspect unauthorised access.
You comply with the law. You are responsible for meeting the marketing, data protection and telecommunications rules that apply to you and to your recipients, including applicable Indian regulations and, where relevant, the rules of the destination country.
Your information is accurate. The registration and billing details you give us are true and kept up to date.

3. Acceptable use

You must not use promotly to send, store or promote:

Unsolicited bulk messages, or messages to recipients who have not consented or who have opted out.
Phishing, spoofed sender identities, malware, or links to malicious or deceptive sites.
Content that is unlawful, defamatory, obscene, harassing, or that incites violence or hatred.
Content that infringes another party’s intellectual property, privacy or other rights.
Fraudulent offers, pyramid or chain schemes, or misleading financial, medical or prize claims.
Material relating to adult services, illegal drugs, weapons, or other goods and services prohibited by law or by our delivery partners.

You must also not attempt to breach or circumvent the security of the platform, probe or scan our infrastructure, use automated means to place unreasonable load on the service, resell access without our written agreement, or interfere with any other customer’s use of the service.

We monitor bounce and complaint rates because poor sending practice by one account damages delivery for everyone on our shared infrastructure. Where an account generates excessive bounces or spam complaints, or where we reasonably believe these Terms have been breached, we may throttle sending, suspend the account, or terminate it. For serious or repeated breaches we may act without prior notice.

4. Fees and payment

Paid plans and message credits are billed in advance at the prices shown on our pricing page at the time of purchase. Unless stated otherwise, fees are exclusive of applicable taxes, which are added at checkout. Message credits are consumed as messages are submitted for delivery, and a message that is rejected by a recipient’s provider still consumes the credit used to attempt it. Purchased credits and subscription fees are non-refundable except where required by law or where our published refund policy provides otherwise.

5. Your content and our platform

You retain all rights in the contact data and message content you upload. You grant us a limited licence to host, process and transmit that content solely for the purpose of providing the service to you. We handle personal data in accordance with our Privacy Policy.

All rights in the promotly platform itself — the software, interface, branding and documentation — remain with Givni. These Terms do not transfer any of those rights to you.

6. Service availability

We work to keep promotly available and reliable, but we do not warrant uninterrupted or error-free operation. The service may be unavailable during planned maintenance, or because of failures in third-party networks, delivery providers or hosting infrastructure that are outside our control. We do not guarantee that any individual message will be delivered, since final delivery depends on the recipient’s mailbox provider, carrier or platform.

The service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all implied warranties, including those of merchantability, fitness for a particular purpose and non-infringement.

7. Limitation of liability

To the fullest extent permitted by applicable law:

We are not liable for indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity or data, arising out of or connected with your use of the service, whether or not we were advised such loss was possible.
Our total aggregate liability arising out of or relating to the service or these Terms is limited to the total amount you paid us in the three months immediately preceding the event giving rise to the claim.
We are not liable for the content of the messages you send, for your relationship with your recipients, or for any regulatory penalty imposed on you as a result of your own sending practices.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence.

8. Indemnity

You agree to indemnify and hold Givni harmless against any claim, demand, penalty, loss or expense (including reasonable legal costs) brought by a third party and arising from your message content, your contact lists, your breach of these Terms, or your breach of any law applicable to your use of the service.

9. Suspension and termination

You may close your account at any time from your account settings or by writing to us. We may suspend or terminate your account where you breach these Terms, where your sending activity endangers our delivery reputation, where payment is overdue, or where we are required to do so by law. On termination your right to use the service ends immediately; we will handle any personal data that remains in accordance with the retention section of our Privacy Policy.

10. Changes to these Terms

We may revise these Terms from time to time. The “Last updated” date above always reflects the current version. Where a change is material we will notify account holders by email before it takes effect. Continuing to use the service after a change takes effect means you accept the revised Terms.

11. Governing law

These Terms are governed by the laws of India, and the courts of India have exclusive jurisdiction over any dispute arising from them or from your use of the service.

12. Contact

Questions about these Terms, or about anything else on this page, can be sent to:

Givni — promotly.in
Email: info@promotly.in
India