Welcome to Msgsmartly! By using our platform, you agree to these Terms and Conditions (“Terms”). Please read them carefully before accessing or using our services.
1. Acceptance of Terms
By accessing or using Msgsmartly’s platform, you agree to comply with these Terms. If you do not agree to any part of these Terms, you must stop using our services.
2. Services Provided
Msgsmartly offers a cloud-based WhatsApp API platform that allows businesses to send and receive WhatsApp messages using our platform and whatsapps offical cloud API. We provide a suite of tools to manage your communications, including sending messages, automating responses, and managing customer interactions.
3. Eligibility
To use Msgsmartly, you must:
- Be at least 18 years old.
- Have the legal authority to enter into this agreement.
- Ensure all information provided during registration is accurate and up-to-date.
4. Account Responsibilities
You are responsible for:
- Maintaining the confidentiality of your account credentials (username, password, API keys).
- Ensuring that any activity occurring under your account complies with these Terms.
- Notifying us immediately if you suspect any unauthorized use of your account.
Msgsmartly reserves the right to suspend or terminate your account if any misuse or violation of these Terms is detected.
5. Prohibited Activities
You agree not to use Msgsmartly’s services for any of the following:
- Sending spam or unsolicited messages.
- Engaging in activities that are unlawful, harmful, or fraudulent.
- Violating the privacy rights of others.
- Interfering with the normal operation of the platform.
- Exploiting or abusing Msgsmartly’s API beyond intended use.
- Attempting to hack, disrupt, or gain unauthorized access to our systems.
6. Fees and Payment
Msgsmartly is the most affordable WhatsApp API platform, with no additional markup on Meta pricing. You agree to pay the fees associated with the services you use, as outlined in our pricing structure.
- Payment Terms: All payments are due based on the agreed-upon billing cycle (monthly/annually). Failure to pay may result in suspension or termination of your account.
- Refunds: Fees paid are non-refundable, except as explicitly stated in our refund policy.
7. Use of WhatsApp API
By using Msgsmartly, you acknowledge that you are utilizing the WhatsApp API in compliance with Meta’s policies and guidelines. Any violation of WhatsApp’s terms may result in the suspension of your API access.
8. Data and Privacy
Msgsmartly processes your data in accordance with our Privacy Policy. By using the platform, you consent to the collection, storage, and processing of your data as described therein.
You are responsible for ensuring that your use of Msgsmartly complies with applicable data protection laws, including obtaining appropriate consents from individuals whose data you process through the platform.
9. Intellectual Property
Msgsmartly owns all rights, title, and interest in and to the platform, including all intellectual property rights. You agree not to:
- Copy, modify, or create derivative works of the platform.
- Reverse engineer, decompile, or disassemble any part of the platform.
- Use Msgsmartly’s trademarks or branding without prior written consent.
10. Termination
We may suspend or terminate your access to Msgsmartly at any time, with or without cause, and with or without notice, if you violate these Terms or engage in any prohibited activity.
Upon termination:
- You will lose access to your account and all data associated with it.
- Any outstanding fees will become immediately due.
- Any rights granted to you under these Terms will cease.
11. Disclaimer of Warranties
Msgsmartly provides the platform on an “as is” and “as available” basis. We do not guarantee that the service will be uninterrupted, error-free, or secure. You use the platform at your own risk.
Msgsmartly disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
12. Limitation of Liability
To the fullest extent permitted by law, Msgsmartly shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, data loss, or business interruption, arising out of or in connection with your use of the platform, even if we were advised of the possibility of such damages.
Our total liability to you for any claim arising out of or relating to these Terms or the use of the platform will not exceed the amount you have paid to Msgsmartly in the last 12 months preceding the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless Msgsmartly, its affiliates, officers, directors, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of or related to:
- Your use of the platform.
- Your violation of these Terms.
- Any content or data transmitted through your use of the platform.
14. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of Mumbai. Any dispute arising from or related to these Terms shall be resolved through binding arbitration in Mumbai, in accordance with the rules of High Court of Bombay.
15. Changes to the Terms
We may update these Terms from time to time to reflect changes in our services or legal obligations. Any material changes will be communicated to you via email or through the platform. Your continued use of Msgsmartly after the updated Terms become effective constitutes your acceptance of those changes.
16. Contact Us
If you have any questions about these Terms, please contact us at:
Msgsmartly
Email: [email protected]
Call/ Whatsapp: +91-797-786-5144