Terms & Conditions

1 Parties to This Agreement

2 Definitions

In this Agreement, the following terms have the meanings ascribed to them:

• "Platform" means the Messagify web dashboard, APIs, SDKs, mobile apps, and related tools
• "Services" means SMS, WhatsApp, Email, Push Notification, Bot Development, and IT Services
• "Client" or "User" means any registered individual, business, or organisation using the Platform
• "Message Content" means any text, media, template, or data transmitted through the Platform
• "DLT" means Distributed Ledger Technology as mandated by TRAI for SMS communication
• "API" means Application Programming Interface provided by Messagify for integrations
• "Agreement" means these Terms and Conditions along with all associated policies

3 Account Registration & Eligibility

3.1 Eligibility

• You must be at least 18 years of age to register an account
• You must have the legal authority to enter into this Agreement on behalf of your organisation
• Your business must be legally incorporated or registered in your jurisdiction

3.2 Account Responsibilities

• You are responsible for maintaining the confidentiality of your login credentials
• You must immediately notify us of any unauthorised access to your account
• You are solely responsible for all activities conducted under your account
• You must provide accurate, complete, and up-to-date registration information

3.3 KYC & Verification

• Messagify may require KYC documents (GST certificate, PAN, incorporation certificate) before activating your account
• Failure to provide required documents may result in account suspension or rejection

4 Permitted Use & Prohibited Activities

4.1 Permitted Use

You may use our Platform solely for lawful business communication purposes including:

• Sending transactional, promotional, and OTP messages to consented recipients
• Automating customer communication workflows via API integrations
• Deploying AI bots for customer support, lead generation, and order management
• Developing and hosting IT projects in compliance with applicable laws

4.2 Prohibited Activities

• Sending unsolicited, spam, or bulk messages to unconsented recipients
• Transmitting unlawful, fraudulent, defamatory, obscene, or harmful content
• Phishing, impersonation, or identity theft in any form
• Spreading misinformation, fake news, or content violating Indian laws
• Sending messages that violate TRAI, DLT, or National Do Not Call Registry regulations
• Harvesting or scraping data from our platform without written consent
• Reverse engineering, decompiling, or attempting to access our source code
• Using automated bots to abuse API rate limits or overload our infrastructure
• Reselling or sublicensing our services without prior written authorisation
• Violating the IT Act 2000, IPC, or any applicable laws of India or your jurisdiction

5 DLT & TRAI Compliance (SMS)

For SMS services, you must comply with TRAI's DLT (Distributed Ledger Technology) framework:

• You must register your entity, sender IDs (headers), and message templates on the DLT platform before use
• All promotional messages must be sent only between 9:00 AM and 9:00 PM IST
• You must not send promotional messages to numbers registered on the National DND Registry
• Messagify will assist with DLT registration guidance, but compliance is your sole responsibility
• Non-compliance may result in service suspension without prior notice and penalty liability

6 WhatsApp Business API Policy

• Your use of WhatsApp services through Messagify is also governed by Meta's WhatsApp Business Policy
• All WhatsApp message templates must be pre-approved by Meta before broadcast use
• You must obtain explicit opt-in consent from recipients before sending WhatsApp messages
• Any violation of Meta's policies may result in your WhatsApp number being banned
• Messagify is not liable for WhatsApp account bans arising from your non-compliance with Meta's policies

7 Payment Terms & Billing

7.1 Pricing & Plans

• Services are offered on prepaid credit, monthly subscription, or custom enterprise pricing models
• Prices are quoted in Indian Rupees (INR) and are exclusive of applicable taxes (GST @ 18%)
• Pricing is subject to change with 30 days' written notice

7.2 Payment Methods

• Accepted payment methods: UPI, NEFT, RTGS, IMPS, credit/debit cards, and net banking
• All payments must be made in INR unless expressly agreed otherwise in writing

7.3 Non-Refund Policy

• Prepaid SMS and messaging credits are non-refundable once purchased
• Subscription fees are non-refundable after the billing cycle commences
• Refunds may be considered at our sole discretion for genuine technical failures attributable to Messagify
• Refund requests must be submitted within 7 days of the billing date to info@messagify.in

7.4 Overdue Payments

• Accounts with overdue invoices may be suspended after 7 days of the due date
• Reactivation fees may apply for suspended accounts

8 Service Level Agreement (SLA)

Planned maintenance windows will be communicated at least 48 hours in advance. SLA credits for downtime are available on Enterprise plans only.

9 Intellectual Property Rights

• All Platform technology, code, interfaces, trademarks, logos, and branding are the exclusive property of Messagify Technologies Pvt. Ltd.
• You retain all intellectual property rights in your Message Content and campaign data
• By using our Platform, you grant Messagify a limited licence to process your content solely for service delivery
• You may not use Messagify's name, logo, or branding without prior written consent
• Any feedback or suggestions you provide may be used by Messagify without compensation

10 Confidentiality

Both parties agree to maintain strict confidentiality of:

• Proprietary business information exchanged during the service relationship
• Your recipient contact lists, campaign strategies, and message content
• Messagify's technology, pricing structures, non-public API documentation, and business processes

This confidentiality obligation survives termination of this Agreement for a period of 3 years.

11 Limitation of Liability

• Messagify's total liability for any claim shall not exceed the fees paid by you in the 3 months preceding the claim
• Messagify shall not be liable for indirect, incidental, consequential, special, or exemplary damages
• Messagify is not responsible for message delivery failures due to recipient-side network issues, telecom operator delays, or Meta/WhatsApp platform outages
• Messagify is not liable for financial loss arising from your non-compliance with TRAI, DLT, or Meta policies
• Force majeure events (natural disasters, government actions, cyber-attacks beyond our control) exclude liability

12 Indemnification

You agree to indemnify, defend, and hold harmless Messagify Technologies Pvt. Ltd. and its directors, officers, employees, and agents from and against any claims, damages, losses, penalties, or expenses (including legal fees) arising from:

• Your violation of these Terms and Conditions
• Your violation of TRAI, DLT, Meta WhatsApp, or any applicable law or regulation
• Any claim by a third party arising from your use of our Platform
• Inaccurate information provided by you during registration or service use

13 Termination

13.1 Termination by You

• You may terminate your account at any time by providing 15 days' written notice to info@messagify.in
• Unused prepaid credits are non-refundable upon voluntary termination

13.2 Termination by Messagify

Messagify reserves the right to suspend or terminate your account immediately, without notice, if:

• You violate any provision of these Terms
• You engage in activities that cause harm to our infrastructure or other users
• You fail to pay dues within 15 days of the due date
• A government, court, or regulatory authority directs us to do so
• Your DLT registration or WhatsApp Business Account is revoked

13.3 Effect of Termination

• Upon termination, your access to the Platform will be revoked immediately
• All data will be retained for the legally mandated period then securely deleted
• Outstanding dues remain payable even after termination

14 Governing Law & Dispute Resolution

• This Agreement is governed by the laws of the Republic of India
• All disputes shall be subject to the exclusive jurisdiction of courts in Ghaziabad, Uttar Pradesh, India
• Parties agree to first attempt resolution through good-faith negotiation for 30 days
• If unresolved, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996
• The arbitration shall be conducted in English in Ghaziabad, Uttar Pradesh
• The award of the arbitrator shall be final and binding on both parties

15 Amendments to These Terms

Messagify reserves the right to modify these Terms at any time. Changes will be communicated via:

• Email notification to your registered address
• In-dashboard notification with at least 15 days' advance notice for material changes
• Immediate effect for changes required by law or regulation

Continued use of our services after the effective date of changes constitutes acceptance.

16 General Provisions

• Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations
• Severability: If any provision is found invalid, remaining provisions remain in full force
• Waiver: Failure to enforce any provision shall not constitute a waiver of that right
• Assignment: You may not assign this Agreement without prior written consent from Messagify
• Notices: All legal notices must be sent in writing to the registered addresses of the respective parties

17 Contact Us

For any queries, concerns, or legal notices related to these Terms: