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Terms of Use

This is a legally valid agreement that lays out the terms and conditions for the use of all services which comes under msgwow.com Service agreed by you. The usage of the service is limited under all the terms & conditions herewith published. This agreement shall be governed by the rules and regulations of the authorities of the government of India. Please read this agreement carefully. All notices under this agreement will be considered as written and have been duly signed once the same is electronically confirmed.

Service Usage Policy

You agree to abide by all applicable local, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account, including the content of the messages transmitted through the service. The SMS service that sends/receives messages to/from mobile phones is maintained by TEAM msgwow.com. The utilization of the SMS service is subject to the following Terms of Service.

Any illegal use of the SMS service is strictly prohibited.

2. Messages containing sexual, racist or discriminatory content or any such usage of them may be considered as harassment and you are to be held responsible for this. TEAM msgwow.com does not assume any liability for the content of messages sent.

3. TEAM msgwow.com will be exempt from any claim that may arise from third parties as a result of message content.

4. You guarantee that the content of any SMS always respects and does not in any way conflict with fundamental human rights or will follow the norms of Intellectual Property Right laws. (E.g. right to privacy, prohibition of discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin).

5. You accept that the service is provided for professional use only and you agree not to use it to:

  • Promote alcohol, music, dancing, dating, gambling or deception.
  • Send unsolicited messages (i.e. mobile spam) and to therefore ensure that your messages are only sent to individuals that have given you their permission.
  • Harvest, or otherwise collect information about others, without their consent.
  • Mislead others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you.
  • Transmit, associate or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind. As a general guideline, if your content is not suitable for ages 13+, it most likely goes against our Usage Policy.
  • Transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity.
  • Transmit any material that contains viruses, Trojan horses, worm, time bombs, cancel-bots or any other harmful/deleterious programs.
  • Interfere with, or disrupt, networks connected to the service or violate the regulations, policies or procedures of such networks.
  • Attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means.
  • Interfere with others use and enjoyment of the service.
  • Engage in any other activity that Team msgwow.com believes could subject it to criminal liability or civil penalty/judgment.6. You acknowledge that TEAM msgwow.com delivers SMS messages via major telecom operators and can therefore only influence the delivery transmission of SMS messages within the technical constraints imposed. SMS messages submitted via Internet will be transferred to mobile network providers, provided that the recipient’s phone is switched on and doesn’t have a full memory and is located in an area covered by its subscribed mobile network provider. You acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully.7. You are responsible for the privacy and storage of the user-name and password. You agree that all activities made through your account are legally bonded to you.8. TEAM msgwow.com neither claims nor guarantees the availability or performance of this service and accepts no liability for transmission delays or message failures. While TEAM msgwow.com makes every effort to deliver messages promptly.9. TEAM msgwow.com doesn’t refund the credits for undeliverable SMS messages to you because we cannot guarantee delivery of the SMS messages to recipients due to possible errors. TEAM msgwow.com debits transmitted SMS messages according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, except if investigation by TEAM msgwow.com has produced evidence of a technical problem or error.10. TEAM msgwow.com reserves the right to exclude you from using this service, refunding you any remaining amount in your account. All purchases must be considered as final, in compliance with our no refund policy.11. The SMS account balance is non-refundable and does not bear interest. All the SMS must be used in the validity period from the date of the purchase and no carry forward of the credits will be made unless otherwise defined in a separate contract.12. You under take the whole responsibilities regarding the messages sending through msgwow.com services from your account, which are transmitted as per your request.13. You shall indemnify and reimburse TEAM msgwow.com all liabilities, costs, losses and damages, in case of any claim brought against TEAM sms.fly.biz from any third party due to breach of contract.
Limitation of Liability

Whilst we will take all reasonable steps to deliver your messages to recipients as fast as possible, we cannot commit to, or guarantee, a specific delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages across the cellular mobile networks.

Furthermore, delivery reports and the originator are operator dependant features and so it is not possible for us to give 100% guarantees for their availability. We recommend that tests should be conducted beforehand when these features are considered to be of high importance.

You acknowledge that as we send and receive text-messages via major telecommunications companies and Mobile Network Operators, our influence over the transmission of your messages is within the technical constraints imposed upon us.

Our responsibility is therefore to ensure that the text-messages you send through the service are processed correctly and delivered to the assigned entity. We are not responsible for the final delivery of the message, as this is out of our control and is the responsibility of the Mobile Network Operator.

SMS that cannot be delivered within the life span allocated to them, either by us or a Mobile Network Operator will be discarded by the Mobile Network Operator, without any notice. We are not liable for any loss incurred by the failure of a message to be delivered and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Team msgwow.com.Furthermore, you agree that message contents are deemed to have zero value.

You also acknowledge that text-messages are transmitted unencrypted and that eavesdropping of mobile phone communications, including SMS delivery, by third parties is possible. We also recommend that you ensure sensitive and valuable information is communicated by a number of communication methods.

Furthermore, use of the service and the Internet is at its own risk and that the service is provided “as is” and “as available”, without any warranties or conditions whatsoever, expressed or implied. We will use all commercially reasonable efforts to make access to the service available through the required access protocols, but make no warranty or guarantee that you will be able to access the service at any particular time or any particular location. Without limiting the generality of the terms set forth, we and our affiliates, agents, content providers, service providers, and licensees

Hereby disclaim all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for particular purpose of the service generally, and any content or services contained therein, as well as all express and implied warranties that the operation of the service generally and any contentor services contained therein will be uninterrupted or error-free.

Shall in no event be liable for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the service generally, and any aspect ancillary thereto; you agree to indemnify us for any third party claims arising from such failures, delays or interruptions in connection with regard to the use of the service.

Notwithstanding anything to the contrary contained herein, the provisions outlined above are for the benefit of Team sms.fly.biz and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.

Modification of Terms

We frequently update, modify and otherwise continually seek to improve the service and such changes often dictate that we simultaneously modify the terms and conditions of use. As such, we have the right to modify the terms of this agreement and to change or discontinue any aspect or feature of our service, in either case, as it deems reasonably necessary. If you do not agree with any such changes, your use of the service may be cancelled in accordance with the procedures for cancellation set forth in this agreement. You acknowledge your responsibility to review this agreement from time to time and to be aware of any such changes and, should you request, we will be happy to keep you informed if/when such changes take place.

Furthermore, you accept that should there be a contradiction between other specific terms & conditions and these general terms & conditions, the other specific terms & conditions shall apply.

Termination

If at any time you breach the terms & conditions of the service, we may elect to suspend, terminate and/or cancel this agreement and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation. We reserve the right to suspend your service at any stage for any reason we may deem necessary to continue to provide any of our services in a way that may be hindered by your status as being our client, your financial status or the content of the messages originating from you.

Upon any such termination, cancellation and/or suspension, you are still responsible for any obligations then accrued. Payment and other obligations under this agreement are not suspended, stayed, or otherwise affected by a suspension of access to / or use of the service (in whole or in part) where said suspension arises from your failure to comply with, or violation of, the terms of this agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, you agree to immediately cease using the service and we shall have no obligation to you after any termination or cancellation of this agreement.

You are also free to terminate or cancel this agreement at any time, and for any reason. For such a termination or cancellation to be effective however, you must inform us in writing through email, you will still be under the responsibilities of this agreement for the duration that you used the service and you will cease to have access to the use of any credits that may exist in your account.

Our terms and conditions are subject to change according to TRAI rules and regulations.
Your information. Our responsibility.
Your privacy. On priority.

This application (hereinafter “Application”) collects some Personal Data from its Users. The Data are collected and processed for the purposes set out below.

 
Types of Data Collected

Among the Data that this Application may collect, there are: Cookie, Browsing and usage Data, First Name, Phone number, Country and Email.

Other Personal Data collected may be highlighted by other sections of this privacy policy or by dedicated explanation text, in the moment when the Data collection happens.

The Personal Data may be freely inserted by the User or the Data Subject, or collected automatically when using the Application.

Any use of Cookies by the Application or the owners of third party services used by the Application, unless stated otherwise, serves to identify the User and remember his/her preferences for the sole purpose of providing the service required by the User.

Failure to provide certain Personal Data, in particular Navigation Data, by deactivating the Application’s Cookies may make it impossible to surf or for the Application to provide its services.

The Personal Data collected may regard both the User and third parties whose data the User provides.

The User assumes responsibility for the Personal Data of third parties published or shared through the Application and declares that (s)he has the right to communicate or broadcast them, thus relieving the Owner of all responsibility towards third parties.

Mode and place of processing the Data obtained Method of Processing

The Data Controller processes the Data of the Interested Parties and Users in a lawful and proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the Data. Processing is carried out using computers and / or telematic means, with organizational methods and logics strictly related to the stated purposes.

In addition to the owner, in some cases, access to the Data may be available to external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies). The updated list of Managers may be requested from the Owner at any time.

Place

The Data are processed at the headquarters of the Data Controller, unless stated otherwise in the rest of this document.

Conservation Time

The Data are kept for the time necessary to perform the service requested by the User, and the User can always ask for their suspension or removal.

The use of the collected Data

The Data concerning the User or the Data Subject are collected for the following purposes: Analytics and Contacting the User. The kinds of Personal Data used for each purpose are given in the specific sections of this document.

The use of Data for additional purposes by the Owner may in some cases, and for legal purposes, require specific consent by the User or the Data Subject.

Detailed information on the processing of Personal Data and the services provided by third parties
Personal Data collected for the following purposes and using the following services :
Analytics

The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

Google Analytics (Google)

Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine Application use, to prepare reports on an Application’s activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal data collected: Browsing and usage Data and Cookie.

Place of Processing: USA – Privacy Policy

Contacting the User Contact form (This Application)

By filling in the Contact form with their Data, the Users authorizes the Application to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header.

Personal data collected: Country, Email, First Name, Phone number and Various types of data.

The User’s Personal Data may be used for legal purposes by the Owner of the Application in court or in the stages leading to possible legal action arising from its improper use or that of related services by the User.

Additional information

Specific information may be shown on the pages of the Site concerning particular services or the processing of Data provided by the User or by the Data Subject.

Maintenance

The User’s Personal Data may be further used in ways and for purposes required for Application maintenance.

System Logs

For operation and maintenance purposes, this Application and any third party services it uses may collect system logs, i.e., files that record interaction – including navigation. They may also contain personal data, such as IP addresses.

Information not contained in this policy

More information on processing Personal Information may be requested from the Owner at any time.

The Rights of Data Subjects

Those persons to whom the Data refer, have the right, at any time, to know whether their data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Owner of the Processing System.

Changes to this Privacy Policy

The Application reserves the right to make changes to this Privacy Policy at any time by giving notice to its Users on this page, and by ensuring analogous protection of the Personal Information in all cases. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.

Browsing and usage Data

Information collected automatically from the Site, including the IP addresses or domain names of the computers utilized by the users who connect to the site, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the visitor, the various time details per visit (e.g., the time spent on each page) and the details about the path followed within the site with special reference to the sequence of pages visited, and other parameters about the operating system and the user’s IT environment.

User

Means the individual user of the Application’s services or products.

Data Subject

The legal or natural person to whom the Personal Data refer.

Data Processor

The natural person, legal person, public administration or any other organization, association or organization designated by the Data Controller for the Personal Data processing system.

Data Controller

The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Site.

This privacy policy is exclusive to this application.
Terms and conditions acceptance
  1. MSGWOW renders ‘MSGWOW’ services via the following Internet website https://msgwow.com/ on principles set out in this terms and conditions document.
  2. By accepting these terms and conditions, the user confirms to have read, understood and accepted its contents.
  3. Accepting these terms and conditions is a condition to use products and services provided by MSGWOW.
  4. All users are obliged to observe these terms and conditions.
  5. MSGWOW reserves the right to modify the provisions of these terms and conditions without each time notifying the user of the implemented modifications. The user may at any time familiarize himself with the currently effective privacy policy version on our Internet website https://msgwow.com/.
  6. Further use of products and rendered services after additional modifications in the terms and conditions have been implemented, shall constitute the consent to accept these modifications. Refusal to accept these modifications shall preclude the user from using the offered products and services.
Services description
  1. All software, used by users in accordance with its application and purpose defined in these terms and conditions, available on the following website https://msgwow.com/ and provided by MSGWOW shall be deemed as service or product.
  2. The use of any new services and products available on aforementioned website, after the user has accepted the terms and conditions shall be subject to its provisions.
  3. MSGWOW is exclusively entitled to decide on functionality, the use, subject matter and the range of particular services and products as well as to cease rendering these services.
  4. MSGWOW is exclusively authorized to decide on the contents and the nature of the software as well as to freely add, change or remove particular elements.
Access and the use of services
  1. MSGWOW services and products are exclusively designated for business use and must be used only in accordance with their purpose, application and their general characteristics.
  2. MSGWOW services and products can be accessed solely by logging on particular website.
  3. Every user is assigned a particular password and login which must not be used by third parties without the user’s consent. The user is responsible for keeping and proper security of his password and login.
  4. The services are exclusively meant for the use of a developer.
  5. User is only liable for free credits if user plans to or integrate MSGWOW services in a third party tool or software.
  6. Send us the integrated API screenshot and the credits will be transferred to your MSGWOW account.
  7. Free 5K SMS credits will be given only for one-time integration.
  8. The services shall only be used to deliver information relevant to user, like, OTPs, verification codes, registration and booking details etc.
  9. The user cannot use the service for any marketing or promotional campaign whatsoever.
  10. The user undertakes to use the services and products in accordance with their use, purpose and in the manner consistent with both these terms and conditions and provisions of currently effective law.
  11. The user bears full responsibility for all contents, phrases and entries added to the network in connection with the use of offered services and products.
  12. The user understands, has become familiar with technical requirements necessary to use the services and products and has no objections in respect thereof. The user is aware of risk and threats connected with electronic data transmission.
  13. MSGWOW reserves the right to access individual users’ accounts for the technical and administrative purposes and for security reasons. The obtained information in such a manner shall not be processed or made available to third parties unless required by provisions of law.
  1. “MSGWOW” is a trademark owned by MSGWOW Software SA, registered in United States Patent and Trademark Office and is therefore subject to national as well as international protection.
  2. The MSGWOW service provider states that it has rights to intangible assets in the form of a graphic project of offered services and software, website layout, computer software as well as to all company signs, symbols and trademarks used within its scope of business activity.
  3. All services and products offered by MSGWOW, which constitute specific works, are its exclusive property and are covered by an act on copyright and neighbouring rights.
  4. Website addresses as well as their contents and layouts are protected by the aforesaid acts.
  5. Prior written consent of MSGWOW is required for any not permitted business and non-business use of offered services and products. Such consent is required in particular when disseminating and publicizing particular elements (e.g. photos, films, texts) in other Internet services, printed publications, books, multimedia presentations and in other electronic media as well as for the disposal or use of its work (adaptations, alterations, modifications).
  6. Unauthorized lending, sale, granting of further licenses and sublicenses to the offered products and services by the user without express consent of MSGWOW is prohibited. Such acts are not deemed to be the proper use of services.
  7. The user must not modify or change the purpose and use of offered services and products. Misleading others as to the existence of cooperation, association, relationship or acting on behalf of MSGWOW is prohibited.
Payments
  1. The use of offered services available on https://msgwow.com/ is free of charge only for one-time integration.
  2. After that period if the user wishes to continue using our services they are requested to make payments according to currently effective price list.
  3. Payments can be cash transactions, payment through cheque or electronic transfer by external professional entities.
  4. Default in payment according to currently effective price list means resignation from the provided services.
  5. The receipts for all payments will be provided electronically.
  6. The user shall be given a notice of all changes in the price list.
Refund Policy
Account closing
  1. The user may close his account at any time. Account closing means that the further use of services with the use of current password and login shall no longer be possible.
  2. The user is responsible for closing his account.
  3. Closing the account by the user before the end of settling period for which a payment has been made does not obligate MSGWOW to refund the amount for the unused period.
  4. MSGWOW reserves the right to close user’s account due to gross infringement of the provisions of these terms and conditions or in the event of illegal use of the offered services.
  5. MSGWOW shall not be liable for damage suffered by the user arisen due to the suspension or closing the account by the user or for other reasons arising from the user’s fault.
Guarantee and limited liability
  1. MSGWOW guarantees the highest quality of its operations to ensure accessibility and continuity of offered services and products in accordance with their use and purpose. No long distance data transmission, however, guarantees 100% security, continuity and accessibility of the provided services.
  2. Although MSGWOW tries to, but does not guarantee compatibility of offered services and products with other producers’ software. The user shall bear responsibility for the choice and consequences following from the use of other software including its applicability to user’s objectives.
  3. MSGWOW stipulates that opinions given by users do not reflect in any possible manner its views and opinions. MSGWOW does not monitor or control users’ opinions on a continual basis; if, however, any opinions in breach with these terms and conditions should be revealed, efforts shall be immediately made to remove them as soon as possible.
  4. MSGWOW shall bear no liability in particular for:
  • All negative consequences being the result of force majeure,
  • Phrases and entries added to the network in connection with the use of offered services and products,
  • Unlawful and inconsistent with these terms and conditions users’ operations while using offered services and products,
  • Disturbances in accessibility of offered products and services not caused by MSGWOW,
  • Damage suffered by the user arisen due to the suspension or closing the account by the user or for other reasons arising from the user’s fault,
  • Damage suffered by the user as a result of a third party using his data that enable him to access the provided services and products,
  • Damage following from the use or the impossibility to use offered products and services including damage actually suffered, the loss of expected benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shut-down, company reputation infringement,
  • Consequences of failure to perform or improper performance of obligations undertaken by other users even though such an obligation has been undertaken using offered products and services.
Privacy policy

Principles of user privacy protection including personal data protection have been described in a separate Privacy Policy.

Final provisions

All disputes arising in connection with these terms and conditions shall be primarily resolved amicably.

All disputes that cannot be amicably resolved shall be submitted for resolution by Common Court of Law at the location of MSGWOW registered office.

The provisions of Civil Code, the act on copyright and neighbouring rights, an act on electronic services providing and other provisions of effective law shall be applicable in issues not governed by these terms and conditions.