Terms & Conditions

1Parties to This Agreement

2Definitions

In these Terms:

• "Platform" means the Messagify web dashboard, APIs, communication infrastructure, applications, and related tools made available by Messagify from time to time.
• "Services" means the communication, messaging, customer-engagement, workflow, bot, CRM, analytics, AI-enabled, and related services made available through the Platform, including WhatsApp, SMS, RCS, Email, Voice, and related APIs, where enabled.
• "Customer" or "Client" means the business or organisation that subscribes to or uses the Services.
• "User" means an individual authorised by a Customer to access or use the Services.
• "Customer Data" means data, content, contacts, message content, media, templates, CRM records, configurations, and other information submitted to or processed through the Platform by or on behalf of a Customer.
• "Message Content" means text, media, templates, files, or other content transmitted through the Services.
• "API" means an application programming interface provided by Messagify.
• "Third-Party Services" means communication platforms, cloud services, APIs, infrastructure, payment providers, analytics providers, AI providers, and other external services integrated with or used to provide the Services.
• "Agreement" means these Terms together with applicable order forms, service schedules, service-level terms, data-processing terms, and the Privacy Policy, as applicable.

3Account Registration, Eligibility and Verification

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 the organisation you represent.
• You must provide accurate, complete, and current information.
• You must use the Services only for lawful business purposes.

Account Responsibilities

• You are responsible for safeguarding account credentials, API keys, access tokens, and other authentication information.
• You must promptly notify Messagify of suspected unauthorised access, credential compromise, or security incidents affecting your account.
• You are responsible for activities performed through your account by you or your authorised Users.
• You must maintain appropriate access controls and promptly remove access for Users who are no longer authorised.

KYC and Verification

Messagify may request KYC, business, tax, identity, or other verification information where reasonably necessary to activate, maintain, secure, or support an account or comply with applicable requirements.

Failure to provide reasonably required information may result in delayed activation, restricted functionality, suspension, or termination.

4Services and Third-Party Dependencies

Messagify provides a cloud-based, multi-tenant SaaS platform. Certain Services depend on third-party communication networks, APIs, cloud infrastructure, app stores, telecom operators, Meta services, email providers, AI providers, and other external systems.

Third-Party Services are subject to their own terms, policies, availability, technical limitations, and changes. Messagify does not control third-party systems and may suspend, modify, or discontinue an affected feature where reasonably necessary because of a third-party change, outage, policy requirement, security concern, or legal requirement.

Customer Data may be transmitted to a relevant Third-Party Service where necessary to provide the Service configured by the Customer. Customers are responsible for ensuring their use of those channels is lawful and compliant with applicable third-party policies.

5Permitted Use and Prohibited Activities

Permitted Use

• Sending lawful transactional, service, promotional, OTP, or other permitted communications to recipients in accordance with applicable law and channel requirements.
• Automating customer communication workflows through authorised integrations and APIs.
• Using supported bot, CRM, workflow, analytics, and AI-enabled capabilities for lawful business purposes.

Prohibited Activities

You must not use the Services to:

• send spam, unsolicited commercial communications, or communications without legally required consent or authorisation;
• transmit unlawful, fraudulent, defamatory, obscene, threatening, malicious, or otherwise prohibited content;
• conduct phishing, impersonation, fraud, identity theft, or deceptive activity;
• violate applicable privacy, data-protection, telecom, advertising, consumer-protection, intellectual-property, or other laws;
• violate applicable TRAI, DLT, Meta, WhatsApp, RCS, email, or other channel policies;
• scrape, harvest, extract, or collect data from the Platform except through authorised functionality;
• reverse engineer, decompile, disassemble, or attempt to obtain source code except to the extent such restriction is prohibited by applicable law;
• circumvent security controls, access another tenant's data, or attempt to gain unauthorised access;
• interfere with, overload, probe, scan, or disrupt the Platform or its infrastructure;
• use automated means to abuse API limits or bypass rate limits;
• resell, sublicense, or provide access to the Services to third parties except as expressly authorised in writing;
• upload malware, malicious code, or content intended to compromise systems; or
• use the Services for unlawful or harmful activities.

Messagify may suspend or restrict access where it reasonably believes that use violates these Terms, creates a security or legal risk, threatens the Platform or other customers, or is required by a communication provider or lawful authority.

6Customer Data, Privacy and Data Protection

Customers retain their rights and interests in Customer Data, subject to applicable law and the applicable commercial agreement.

Where a Customer determines the purpose and means of processing personal data and Messagify processes that data on the Customer's behalf, Messagify acts as a Data Processor where applicable. The Customer remains responsible for the lawfulness of its processing, required notices, permissions, consents, instructions, and communications.

Where Messagify determines the purpose and means of processing personal data for its own business operations, Messagify may act as a Data Fiduciary where applicable under Indian data-protection law.

Processing of personal data is described further in the Messagify Privacy Policy. Where a separate data-processing agreement or data-processing terms apply to Customer Data, those terms govern the relevant processing to the extent of any conflict with these Terms.

Customer Data Instructions

The Customer authorises Messagify to process Customer Data as necessary to provide, secure, maintain, support, and improve the Services, subject to the applicable agreement, documented Customer instructions, and applicable law. Messagify may also process information where necessary to comply with law, protect security, prevent fraud or abuse, resolve disputes, or enforce the Agreement.

Security

Messagify maintains technical and organisational security measures described on its Security & Compliance page. These measures include encryption controls, TLS in transit, access controls, tenant authorisation, secret management, monitoring, logging, backup and recovery procedures, and cloud-based edge security and DDoS mitigation. Security controls may evolve as the Platform and threat environment change.

Security Incidents

Messagify maintains procedures for identifying, assessing, containing, investigating, remediating, and recovering from security incidents. Where required by applicable law or contract, Messagify will provide appropriate notice to affected Customers and/or authorities within applicable timelines.

7Customer Responsibilities and Shared Responsibility

• Maintain the confidentiality of account credentials, API keys, tokens, and other access information.
• Use appropriate authentication and access controls for authorised Users.
• Obtain and maintain all required consents, permissions, notices, registrations, and approvals for communications and personal-data processing.
• Ensure message content, campaigns, templates, recipient lists, and workflows comply with applicable law and channel policies.
• Configure integrations and communication channels accurately.
• Notify Messagify promptly of suspected compromise, misuse, or security incidents.
• Maintain appropriate backups or exports where the Customer requires independent copies of its data.

8Communication Channel Compliance

SMS, TRAI and DLT

Customers using SMS or other telecom communication services are responsible for complying with applicable TRAI regulations, DLT requirements, sender/header registration, template requirements, consent and preference requirements, and other applicable telecom rules. Messagify may provide technical or operational assistance, but such assistance does not transfer the Customer's legal responsibility for its communications.

Because telecom rules and requirements may change, Customers must follow the requirements applicable at the time a communication is sent rather than relying on a fixed timing or consent statement in these Terms.

WhatsApp and Meta Services

Use of WhatsApp and other Meta services is subject to applicable Meta and WhatsApp terms, policies, technical requirements, account reviews, and enforcement actions. Customers are responsible for obtaining required permissions and using approved templates and communication practices.

Messagify is not responsible for restrictions, suspension, or termination imposed by Meta or WhatsApp where such action results from the Customer's content, conduct, account, recipient complaints, policy violations, or other circumstances outside Messagify's reasonable control.

Other Communication Channels

Customers must comply with the applicable policies, consent requirements, sender requirements, content restrictions, and technical rules for RCS, email, voice, and other communication channels used through the Platform.

9Intellectual Property

Messagify and its licensors retain all rights, title, and interest in the Platform, software, APIs, interfaces, documentation, trademarks, logos, designs, and related technology, except for Customer Data.

Customers retain their rights and interests in Customer Data and Message Content.

Subject to these Terms, the Customer grants Messagify a limited, non-exclusive right to host, copy, transmit, process, and otherwise use Customer Data only as necessary to provide, secure, support, and maintain the Services, or as otherwise permitted by the applicable agreement or law.

The Customer must not use Messagify's name, logo, trademarks, or branding without prior written permission, except where expressly permitted.

Feedback and suggestions may be used by Messagify without compensation, provided that Messagify does not use such feedback to identify or disclose confidential Customer Data.

10Confidentiality

Each party will protect non-public confidential information received from the other party and use it only for purposes of the business relationship.

Confidential information may include Customer Data, recipient lists, campaign strategies, message content, security information, pricing, non-public documentation, technical information, and business processes.

Confidentiality obligations do not apply to information that is publicly available without breach, was lawfully known before disclosure, is independently developed without use of confidential information, or is lawfully received from a third party without confidentiality restriction.

A party may disclose confidential information where required by law or lawful authority, provided that, where legally permitted, it gives reasonable notice to the other party.

Confidentiality obligations survive termination for three years, except that trade secrets and information protected by applicable law remain protected for as long as required by law.

11Fees, Billing and Taxes

Pricing

• Services may be offered on prepaid credits, subscription, usage-based, or custom enterprise pricing.
• Prices are quoted in Indian Rupees unless otherwise agreed in writing.
• Applicable taxes, including GST, will be charged as required by law.
• Pricing may change prospectively with reasonable notice, unless otherwise stated in an applicable order form or enterprise agreement.

Payment

• Accepted payment methods may include UPI, NEFT, RTGS, IMPS, cards, net banking, or other methods made available by Messagify.
• Invoices are payable according to the applicable plan, order form, or invoice terms.

Refunds

Prepaid credits and subscription fees are generally non-refundable except where required by law, expressly provided in an applicable order form, or approved by Messagify. Any applicable refund request process will be described in the relevant commercial terms.

Suspension for Non-Payment

Messagify may restrict or suspend Services for overdue undisputed amounts after reasonable notice, subject to applicable commercial terms. Outstanding amounts remain payable after suspension or termination.

12Service Availability and SLA

Unless a separate written Service Level Agreement applies, the availability figures and support response targets shown below are service objectives and do not constitute an unconditional guarantee of availability.

Availability may be affected by scheduled maintenance, third-party services, telecom or internet failures, force majeure events, Customer configuration, misuse, security incidents, or other events outside Messagify's reasonable control.

Planned maintenance will be communicated in advance where reasonably practicable. SLA credits, if any, are available only where expressly included in the applicable enterprise or service-level agreement.

13AI-Enabled Services

Certain Services may include AI-enabled functionality. AI-generated outputs may be incomplete, inaccurate, or unsuitable for a particular purpose. Customers are responsible for reviewing outputs before relying on them where human review is appropriate.

Customers must not use AI-enabled Services in a manner that violates applicable law, third-party platform policies, or these Terms.

Where third-party AI providers are used, relevant processing is subject to the applicable service configuration, contractual terms, provider policies, and applicable law.

14Data Retention, Export and Deletion

Customer Data is handled in accordance with the applicable service configuration, customer agreement, documented instructions, operational requirements, and applicable law.

Customers may request export or deletion of Customer Data where available and subject to applicable contractual, technical, legal, and security requirements.

Upon termination, Messagify will handle Customer Data in accordance with the applicable agreement and deletion procedures. Certain information may be retained where necessary for legal, regulatory, accounting, security, fraud-prevention, dispute-resolution, backup, or enforcement purposes.

Backup copies may remain temporarily in accordance with the applicable backup and recovery cycle.

15Suspension and Termination

Termination by Customer

A Customer may terminate its account in accordance with its applicable subscription, order form, or commercial terms. If no different notice period applies, the Customer may request termination by written notice to info@messagify.in.

Suspension or Termination by Messagify

Messagify may suspend or terminate access, with or without prior notice where reasonably necessary, if:

• the Customer materially breaches these Terms;
• the Customer fails to pay undisputed amounts after applicable notice;
• use creates a security, legal, regulatory, fraud, abuse, or material operational risk;
• a communication provider, regulator, court, or government authority requires restriction;
• the Customer's relevant DLT, WhatsApp Business, or other channel account is suspended or revoked;
• the Customer uses the Services for prohibited activities; or
• continued provision of the Services is no longer reasonably practicable.

Effect of Termination

• Access to the Services may be disabled on or after the effective termination date.
• Outstanding undisputed fees remain payable.
• Customer Data will be handled in accordance with Section 14 and the applicable agreement.
• Termination does not affect provisions that by their nature should survive, including intellectual property, confidentiality, payment obligations, indemnification, limitations of liability, and dispute-resolution provisions.

16Indemnification

To the extent permitted by applicable law, the Customer will defend, indemnify, and hold harmless Messagify and its directors, officers, employees, and agents from third-party claims, losses, penalties, damages, and reasonable costs arising from:

• the Customer's material breach of these Terms;
• the Customer's unlawful use of the Services;
• the Customer's communications, Message Content, recipient data, campaigns, or instructions;
• the Customer's violation of applicable telecom, privacy, advertising, intellectual-property, or communication-platform requirements; or
• claims that Customer-provided content infringes third-party rights.

This obligation does not apply to the extent a claim results from Messagify's own wilful misconduct, gross negligence, or material breach, subject to applicable law and the terms of the relevant agreement.

17Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Services are provided on an "as available" and "as is" basis unless a separate written agreement expressly provides otherwise.

Messagify does not guarantee uninterrupted or error-free operation, delivery of every message, availability of third-party communication channels, or that the Services will meet every Customer requirement.

Messagify will use commercially reasonable efforts to maintain the Services and address operational and security issues in accordance with its applicable processes and service commitments.

18Limitation of Liability

To the maximum extent permitted by applicable law, Messagify will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenue, goodwill, or anticipated savings arising from the Services.

Except where a different limitation is expressly agreed in writing, Messagify's aggregate liability arising out of or relating to the Services or these Terms will not exceed the fees actually paid by the Customer to Messagify for the three months immediately preceding the event giving rise to the claim.

Messagify is not responsible for failures or delays caused by recipient networks, telecom operators, Meta or other third-party platform outages or actions, internet failures, Customer configuration, unlawful use, or events outside Messagify's reasonable control.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

19Force Majeure

Neither party will be liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, government actions, widespread internet or telecom failures, major cloud or third-party outages, epidemics, or other events that could not reasonably have been prevented or overcome.

20Changes to the Services

Messagify may modify, update, replace, or discontinue features from time to time to improve security, performance, functionality, compliance, or operational reliability. Where a material change substantially reduces a paid service's core functionality, Messagify will provide reasonable notice where practicable, subject to urgent security, legal, or third-party requirements.

21Changes to These Terms

Messagify may update these Terms from time to time. Material changes will be communicated through the registered email address, dashboard notification, or other reasonable means where appropriate.

Changes required by law, regulation, security, or third-party platform requirements may take effect earlier where necessary. The updated version will display the revised effective date.

Your continued use of the Services after the effective date of revised Terms may constitute acceptance to the extent permitted by applicable law. Where a change requires affirmative acceptance, Messagify may require you to accept the revised Terms before continued use.

22General Provisions

• Entire Agreement: These Terms, applicable order forms, service schedules, data-processing terms, and referenced policies constitute the agreement between the parties for the applicable Services and supersede prior terms on the same subject.
• Order of Precedence: If there is a conflict, a negotiated enterprise agreement or order form will prevail over these Terms for the subject matter it expressly covers. Data-processing terms will prevail for privacy and data-processing matters. The Privacy Policy applies to Messagify's privacy practices.
• Severability: If a provision is held invalid or unenforceable, the remaining provisions remain effective.
• Waiver: Failure to enforce a provision is not a waiver of that provision.
• Assignment: Customers may not assign the Agreement without Messagify's prior written consent, except where applicable law permits otherwise. Messagify may assign the Agreement as part of a merger, acquisition, restructuring, or transfer of substantially all relevant business assets, subject to applicable law.
• Notices: Legal notices must be sent in writing to the contact information specified in these Terms or the applicable order form.

23Governing Law and Dispute Resolution

These Terms are governed by the laws of India, without regard to conflict-of-law principles.

The parties will first attempt to resolve disputes through good-faith discussions for a period of 30 days, unless urgent legal or injunctive relief is required.

If the dispute is not resolved through good-faith discussions, it may be referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitration will be conducted in English, with the seat and venue in Ghaziabad, Uttar Pradesh, unless otherwise agreed in writing.

Subject to applicable law, the courts at Ghaziabad, Uttar Pradesh will have exclusive jurisdiction for matters relating to interim relief, enforcement of an arbitral award, and other matters that are not required to be determined by arbitration.

24Contact Us

25Important Policy Links

• Privacy Policy: https://www.messagify.in/privacy
• Security & Compliance: https://www.messagify.in/security
• Website: https://www.messagify.in