1. Acceptance of Terms
Welcome to Msgro! By accessing or using our WhatsApp marketing platform and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.
These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Msgro ("Company," "we," "us," or "our"). Your use of our services is also governed by our Privacy Policy, which is incorporated by reference into these Terms.
2. Service Description
Msgro provides a WhatsApp marketing platform that enables businesses to:
- Send bulk WhatsApp messages to customers
- Create and manage automated chatbots
- Manage customer contact lists and segments
- Track message delivery and engagement analytics
- Integrate with third-party applications via API
- Access customer support and training resources
Our services are provided through the official WhatsApp Business API and are subject to WhatsApp's terms and policies.
3. Eligibility
To use our services, you must:
- Be at least 18 years old or the age of majority in your jurisdiction
- Have the legal capacity to enter into binding agreements
- Represent a legitimate business or organization
- Comply with all applicable laws and regulations
- Not be prohibited from using our services under applicable law
Important: By using our services, you represent and warrant that you meet all eligibility requirements and that all information you provide is accurate and complete.
4. Account Registration and Security
4.1 Account Creation
To access our services, you must create an account by providing accurate and complete information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
- Keeping your account information current and accurate
4.2 WhatsApp Business Account
You must have a valid WhatsApp Business account and comply with WhatsApp's Business Policy. We are not responsible for any issues arising from your WhatsApp account status or compliance.
5. Acceptable Use Policy
You agree to use our services only for lawful purposes and in accordance with these Terms. Acceptable use includes:
- Sending legitimate business communications to consenting recipients
- Providing customer support and service updates
- Sharing promotional content with proper opt-in consent
- Maintaining accurate customer contact information
- Respecting recipient preferences and opt-out requests
- Complying with applicable marketing and privacy laws
6. Prohibited Activities
Strictly Prohibited: The following activities are expressly forbidden and may result in immediate account suspension or termination.
6.1 Content Violations
- Sending spam, unsolicited messages, or bulk communications without consent
- Distributing malicious software, viruses, or harmful content
- Sharing illegal, fraudulent, or deceptive content
- Promoting illegal activities or services
- Violating intellectual property rights
6.2 Technical Violations
- Attempting to hack, disrupt, or compromise our systems
- Using automated tools to access our services without permission
- Reverse engineering or attempting to extract source code
- Overloading our systems with excessive requests
- Circumventing security measures or access controls
6.3 Business Conduct Violations
- Impersonating other individuals or organizations
- Creating multiple accounts to evade restrictions
- Reselling our services without authorization
- Using our services for competitive intelligence gathering
- Violating WhatsApp's Business Policy or Terms of Service
7. Payment Terms and Billing
7.1 Subscription Fees
Our services are provided on a subscription basis with the following terms:
- Fees are charged in advance for each billing period
- All fees are non-refundable unless otherwise specified
- Prices may change with 30 days' notice
- Taxes and additional charges may apply based on your location
7.2 Usage-Based Charges
Additional charges may apply for:
- WhatsApp message delivery fees (charged by Meta)
- Premium features and add-ons
- Overage charges for exceeding plan limits
- Professional services and custom integrations
7.3 Payment Processing
Payments are processed by third-party payment providers. You authorize us to charge your designated payment method for all applicable fees. Failed payments may result in service suspension.
8. Intellectual Property Rights
8.1 Our Intellectual Property
Msgro and its services, including but not limited to software, designs, text, graphics, and trademarks, are owned by us and protected by intellectual property laws. You may not:
- Copy, modify, or distribute our proprietary content
- Use our trademarks or branding without permission
- Create derivative works based on our services
- Remove or alter copyright notices or proprietary markings
8.2 Your Content
You retain ownership of content you upload to our platform. However, you grant us a limited license to:
- Process and deliver your messages through our platform
- Store your content for service provision
- Create aggregated, anonymized analytics
- Comply with legal requirements and enforce our Terms
9. Data Protection and Privacy
Your Privacy Matters: Our collection, use, and protection of your personal information is governed by our Privacy Policy, which forms an integral part of these Terms.
9.1 Data Processing
By using our services, you acknowledge that:
- We process personal data in accordance with applicable privacy laws
- You are responsible for obtaining proper consent from your contacts
- You must comply with data protection regulations in your jurisdiction
- We implement appropriate security measures to protect your data
9.2 Data Retention
We retain your data only as long as necessary to provide our services and comply with legal obligations. You may request data deletion in accordance with our Privacy Policy.
10. Service Availability and Performance
10.1 Service Uptime
While we strive to maintain high service availability, we do not guarantee uninterrupted access. Service may be temporarily unavailable due to:
- Scheduled maintenance and updates
- Technical issues or system failures
- Third-party service dependencies (including WhatsApp)
- Force majeure events beyond our control
10.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice. We are not liable for any modifications or discontinuation of services.
11. Limitation of Liability and Disclaimers
Important Legal Notice: Please read this section carefully as it limits our liability and affects your legal rights.
11.1 Service Disclaimers
Our services are provided "as is" and "as available" without warranties of any kind. We disclaim all warranties, including:
- Merchantability and fitness for a particular purpose
- Non-infringement of third-party rights
- Uninterrupted or error-free operation
- Accuracy or completeness of content
- Security or privacy of data transmission
11.2 Limitation of Damages
To the maximum extent permitted by law, we shall not be liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, revenue, or business opportunities
- Data loss or corruption
- Third-party actions or omissions
- Damages exceeding the amount paid for our services in the preceding 12 months
12. Termination
12.1 Termination by You
You may terminate your account at any time by:
- Canceling your subscription through your account settings
- Contacting our customer support team
- Following the cancellation procedures outlined in our platform
12.2 Termination by Us
We may suspend or terminate your account immediately if you:
- Violate these Terms or our policies
- Fail to pay applicable fees
- Engage in fraudulent or illegal activities
- Pose a security risk to our systems or other users
12.3 Effect of Termination
Upon termination, your access to our services will cease, and we may delete your account data in accordance with our data retention policies. Certain provisions of these Terms will survive termination.
13. Governing Law and Dispute Resolution
13.1 Applicable Law
These Terms are governed by and construed in accordance with the laws of the jurisdiction where Msgro is incorporated, without regard to conflict of law principles.
13.2 Dispute Resolution
Any disputes arising from these Terms or our services shall be resolved through:
- Good faith negotiations between the parties
- Binding arbitration if negotiations fail
- Jurisdiction of courts in our primary business location
14. Changes to These Terms
We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. We will notify you of material changes by:
- Posting updated Terms on our website
- Sending email notifications to registered users
- Displaying prominent notices within our platform
- Providing at least 30 days' notice for significant changes
Your continued use of our services after any changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must discontinue using our services.