Terms and conditions acceptance

MSG91 renders ‘MSG91’ services via the following Internet website https://msg91.com/ on principles set out in this terms and conditions document.
By accepting these terms and conditions, the user confirms to have read, understood and accepted its contents.
Accepting these terms and conditions is a condition to use products and services provided by MSG91.
All users are obliged to observe these terms and conditions.
MSG91 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://msg91.com/.
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

All software, used by users in accordance with its application and purpose defined in these terms and conditions, available on the following website https://msg91.com/ and provided by MSG91 shall be deemed as service or product.
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.
MSG91 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.
MSG91 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

MSG91 services and products are exclusively designated for business use and must be used only in accordance with their purpose, application and their general characteristics.
MSG91 services and products can be accessed solely by logging on particular website.
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.
MSG91 holds the sole right to qualify the Startups for the offer.
We do not charge any fee for the Startup policy. Do not take this policy from any third party.
The services are exclusively meant for the use of a startup.
The servcies can be availed only after API integration.
Free 25K SMS credits will be refilled to startups only for a period of six months from the date of first SMS credits addition.
The credits will be refilled every month, and should not be confused with ‘credit addition’ to existing balance.
The refill will be done only in transactional route and the services shall only be used to deliver information relevant to end-user, like, OTPs, verification codes, registration IDs, and booking details etc.
In case the user opts for paid service, and still has our logo on their website, then, they are liable for free 25K demo SMSs for next three months.
The user cannot use the service for any marketing or promotional campaign whatsoever.
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.
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.
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.
MSG91 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.
Hosting providers, Developers, Consultancy services, Educational institutions, Event organizers, etc., are not eligible for the offer.

Conditions for logo placement:

Logo shall be placed on homepage of user’s website.
The logo provided by MSG91 shall not be changed, altered, or modified by user without prior written permission by MSG91.
The logo should be placed, preferably, amongst the main content of user’s website. It shall not be placed in the footer of the website.
The logo should be placed with a title ‘SMS Partners’.
To maintain brand status, MSG91s logo has predefined dimension. The default dimensions of the logo are mentioned herewith;
Width: 120 px. Height: 90 px.
To avoid messing up the design of user’s website, in special cases, MSG91 can help the user in designing the logo that fits their website better. This, however, depends on availability of designers in our team. And, under no circumstances, this shall be understood the liability of MSG91 to design logo that looks good on user’s website.

Trademarks and copyright

“MSG91” is a trademark owned by MSG91 Software SA, registered in United States Patent and Trademark Office and is therefore subject to national as well as international protection.
The MSG91 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.
All services and products offered by MSG91, which constitute specific works, are its exclusive property and are covered by an act on copyright and neighbouring rights.
Website addresses as well as their contents and layouts are protected by the aforesaid acts.
Prior written consent of MSG91 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).
Unauthorized lending, sale, granting of further licenses and sublicenses to the offered products and services by the user without express consent of MSG91 is prohibited. Such acts are not deemed to be the proper use of services.
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 MSG91 is prohibited.

Payments

The use of offered services available on https://msg91.com/ is free of charge for one year.
After that period if the user wishes to continue using our services they are requested to make payments according to currently effective price list.
Payments can be cash transactions, payment through cheque or electronic transfer by external professional entities.
Default in payment according to currently effective price list means resignation from the provided services.
The receipts for all payments will be provided electronically.
The user shall be given a notice of all changes in the price list.

Refund Policy

Account closing

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.
The user is responsible for closing his account.
Closing the account by the user before the end of settling period for which a payment has been made does not obligate MSG91 to refund the amount for the unused period.
MSG91 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.
MSG91 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

MSG91 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.
Although MSG91 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.
MSG91 stipulates that opinions given by users do not reflect in any possible manner its views and opinions. MSG91 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.
MSG91 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 MSG91,
- 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 MSG91 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.