Terms and Conditions of Use

1. Acceptance of Terms

By accessing, registering on, or using the MsgMars – Indian Bulk SMS App platform — including any of its services, tools, or features — you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions as well as our Privacy Policy.

If you do not agree with any part of these Terms, you must stop using the platform and its services immediately.

These Terms constitute a legally binding agreement between you (the user) and Mathrusoft Technologies Private Limited, governing your access to and use of the MsgMars – Indian Bulk SMS App mobile application, website, and associated services.

We encourage you to review these Terms regularly. Your continued use of the platform after any updates indicates your acceptance of the revised Terms.

2. Eligibility

To use the services offered on the MsgMars – Indian Bulk SMS App platform, you must be at least 18 years old or the legal age of majority as defined under applicable laws.

By registering for an account or continuing to access or use the platform, you represent and warrant that:

• You have the legal capacity to enter into a binding agreement.
• You are not prohibited from using the platform under any applicable laws or regulations.

If you are accessing the platform on behalf of a business, organization, or another person, you confirm that you are duly authorized to act on their behalf and to bind them to these Terms.

MsgMars – Indian Bulk SMS App reserves the right to refuse, suspend, or terminate access to any user who does not meet these eligibility requirements or is found to have misrepresented their age, identity, or authorization.

3. User Account & Responsibilities

To access certain features of the MsgMars – Indian Bulk SMS App platform, you may be required to create a user account. By registering, you agree to:

• Maintain the confidentiality and security of your login credentials, including OTPs, passwords, and authentication tokens.
• Accept full responsibility for all activities carried out under your account, whether or not authorized by you.
• Notify us immediately of any suspected unauthorized access or security breach.

You further agree to:

• Not share your account access or credentials with any other person.
• Provide accurate, complete, and up-to-date information during registration and throughout your use of the platform.
• Refrain from using the platform for any unlawful, misleading, fraudulent, or harmful activities, including impersonation, spamming, or violating applicable laws.

MsgMars – Indian Bulk SMS App reserves the right to suspend, restrict, or terminate any account found to be in violation of these responsibilities, with or without prior notice.

4. Services Offered

MsgMars – Indian Bulk SMS App provides a platform for sending and managing SMS campaigns, powered by trusted third-party SMS gateway providers (“SMS Partners”) to ensure reliable message delivery. By using MsgMars, you agree to comply with all applicable Indian telecom regulations, including guidelines issued by the Telecom Regulatory Authority of India (TRAI).

4a. Bulk SMS Services

MsgMars enables users to send large volumes of text messages for promotional, transactional, or informational purposes. Features include:

• Create and manage SMS campaigns.
• Upload and maintain contact lists.
• Schedule messages for specific dates and times.
• Track delivery reports (DLR) and campaign analytics.

By using our services, you agree to:

• Send messages only to recipients who have given valid consent or have opted-in to receive communications.
• Comply with TRAI regulations, including DND/NDNC rules, 160-character limits (where applicable), and header/template registration under the Distributed Ledger Technology (DLT) system.
• Ensure all headers (sender IDs) and templates are approved on your DLT account before sending messages.
• Not send messages containing prohibited content, including phishing links, illegal promotions, or abusive language.

Any violation of TRAI rules or misuse of MsgMars services may result in:

• Immediate suspension or termination of your account.
• Forfeiture of any unused SMS credits.
• Reporting of your account to TRAI, your DLT operator, and/or legal authorities.
• Financial penalties as prescribed under TRAI regulations, which may be directly recoverable from you.

4b. Third-Party SMS Delivery

MsgMars does not operate SMS delivery infrastructure directly. Instead, we integrate with independent SMS Partners who handle actual message transmission to telecom networks.

• All deliveries are subject to the performance of SMS Partners and telecom operator networks.
• Delivery speed, timing, and accuracy of delivery reports may vary depending on network conditions and regulatory restrictions.
• MsgMars shall not be liable for delays, failures, or routing issues caused by SMS Partners, telecom networks, or changes in TRAI policies.

4c. Content Responsibility

You are solely responsible for the content of messages sent via MsgMars. We do not pre-screen content except where required by law. You must ensure that:

• Your content complies with all applicable laws and TRAI guidelines.
• You have obtained valid consent from all recipients.
• You maintain records of such consent for audit purposes.

4d. Credit Validity & Expiry

SMS credits purchased through MsgMars are non-refundable and valid until the expiry date mentioned at the time of purchase. Expired credits cannot be reinstated or refunded.

Disclaimer: MsgMars and Mathrusoft Technologies Private Limited shall not be liable for any loss of business, revenue, or reputation arising from delayed, failed, or undelivered messages caused by telecom network issues, SMS Partner outages, or regulatory restrictions. All users are advised to strictly follow TRAI’s latest bulk SMS guidelines to avoid penalties or service disruptions.

5. User Verification & Disclaimer

• ✅ Limited Verification: MsgMars verifies only the mobile number and DLT registration status of users during account creation. We do not verify the ownership of recipient databases, consent records, message content, or any legal aspects of the campaigns you run.
• 📩 No Guarantee on Delivery: MsgMars does not guarantee the delivery, timing, or accuracy of SMS delivery reports (DLRs), as these depend on telecom networks, SMS gateway providers, and TRAI regulations. Users are solely responsible for ensuring messages are sent to valid recipients in compliance with applicable laws.
• 🚫 We Are Not a Telecom Operator: MsgMars is a technology platform that integrates with third-party SMS gateway providers for message delivery. We are not a telecom operator and do not own delivery infrastructure.
• ⚠️ Responsibility for Compliance: You are solely responsible for ensuring your SMS campaigns comply with TRAI guidelines, DND/NDNC rules, and DLT template approvals. Any misuse — including sending spam, fraudulent, or prohibited content — may result in immediate suspension and reporting to the relevant authorities.

6. Payment & Subscription

Certain features and services offered through the MsgMars – Indian Bulk SMS App platform require users to purchase a subscription plan or make one-time payments. These plans are designed to enable bulk SMS sending through our integrated third-party SMS providers, in compliance with TRAI regulations.

6.1 Subscription Plans

MsgMars currently offers two primary SMS plan categories:

• Promotional SMS Plans – For sending marketing or promotional messages to non-DND numbers during TRAI-permitted hours (typically 9 AM to 9 PM). Requires DLT-approved templates and headers as per TRAI guidelines.
• Transactional SMS Plans – For sending service, informational, or OTP messages to both DND and non-DND numbers, 24x7, provided they comply with DLT and TRAI regulations.

Each plan specifies the SMS quantity, validity period, and per-SMS rate at the time of purchase. Pricing may vary based on operator routes, gateway charges, and applicable taxes.

6.1.1 Payment Terms

• All payments must be made in advance through the available payment modes on the platform.
• Plans are non-refundable once activated, except where required by law.
• MsgMars is not responsible for unused credits after plan expiry.
• GST and other applicable taxes will be charged in accordance with Indian tax regulations.

6.2 Payment Processing

All payments on the MsgMars platform are processed securely through trusted third-party payment gateways (e.g., Razorpay, Paytm, Stripe, etc.). By making any payment, you acknowledge and agree to the terms, policies, and practices of the respective payment gateway provider.

MsgMars does not store any sensitive payment information such as card numbers, UPI credentials, or net banking passwords.

6.3 Refund Policy

All payments and subscriptions made on the MsgMars platform are considered non-refundable, unless explicitly stated otherwise for a specific plan or offer.

However, in rare and clearly specified cases, partial refunds may be issued — for example, in the event of payment errors or technical failures in delivering SMS due to issues solely attributable to MsgMars.

By purchasing any plan, you confirm that:

• You have read the plan details (SMS quantity, validity, and applicable TRAI regulations) carefully before purchase.
• You understand that no refunds or cancellations will be provided if your account is suspended due to TRAI non-compliance or misuse.
• You accept that services, once activated, cannot be transferred or paused.

6.4 Renewal & Expiry

Unless otherwise stated, SMS subscription plans do not auto-renew. Upon expiry, any unused SMS credits will be forfeited, and access to bulk SMS sending will be disabled until renewal.

It is the user’s responsibility to renew the plan before expiry to avoid service interruption.

6.5 TRAI Compliance & Misuse

All SMS sent through MsgMars must comply with TRAI’s Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018, including DLT registration, header approval, and template approval. If any user account is found engaging in spam, phishing, misleading content, or sending messages to recipients without valid consent, MsgMars reserves the right to:

• Immediately suspend or terminate the account without refund.
• Report the sender ID and content to the relevant authorities, as required by law.
• Deduct applicable penalties imposed by the SMS gateway provider or TRAI from the user’s remaining balance.

7. Refund & Cancellation Policy

All purchases made on MsgMars are final. As our services are digital and delivered instantly, no refunds, returns, or exchanges will be provided.

We strongly recommend reviewing your selected plan and mobile number carefully before completing a transaction.

8. Intellectual Property

• All platform content, including but not limited to text, graphics, logos, designs, UI/UX elements, software code, trademarks, and service marks, are the exclusive property of Mathrusoft Technologies Private Limited and are protected under applicable copyright, trademark, and intellectual property laws.
• No part of the platform may be copied, reproduced, republished, translated, transmitted, displayed, performed, modified, uploaded, or distributed in any form without prior written consent from Mathrusoft Technologies Private Limited.
• Users retain ownership of the content they upload or send through MsgMars (e.g., SMS templates, contact lists) but grant MsgMars a non-exclusive, royalty-free, worldwide license to store, transmit, and process such content solely for the purpose of providing services.
• Unauthorized use of the MsgMars name, logo, or branding, including impersonation or misrepresentation, will result in immediate suspension of services and may lead to legal action.
• All third-party trademarks, product names, and company names mentioned on the platform are the property of their respective owners and are used for identification purposes only.

9. Termination of Access

We reserve the right to suspend, restrict, or permanently terminate your access to the MsgMars platform and its associated services at our sole discretion, under the following circumstances:

9.1 Violation of Terms

If you breach or violate any provision of these Terms and Conditions — including but not limited to misuse of services, unauthorized activities, or non-compliance with platform guidelines — we may immediately limit your access or terminate your account, without prior notice.

9.2 Fraudulent, Misleading, or Abusive Behavior

Your access may also be suspended or terminated if we have reasonable grounds to believe that you have:

• Engaged in fraudulent transactions or activities.
• Provided false or misleading information.
• Used the platform to misrepresent property details, business identity, or sender credentials.
• Harassed, abused, or threatened other users or our staff.
• Exploited or attempted to exploit system vulnerabilities or platform policies.

9.3 TRAI & Legal Compliance

In accordance with Telecom Regulatory Authority of India (TRAI) guidelines and other applicable laws, your account may be suspended or terminated if you:

• Send unsolicited commercial communications (spam) without recipient consent.
• Use unregistered or fake sender IDs (Headers) or templates in violation of DLT regulations.
• Transmit fraudulent, harmful, defamatory, obscene, or misleading content via SMS or other channels.
• Attempt to bypass or manipulate DLT registration, verification, or consent requirements.
• Use the platform for phishing, scams, or illegal solicitation of money or sensitive data.

Violations of TRAI regulations or other legal provisions may be reported to the relevant telecom operators, law enforcement agencies, or regulatory bodies, and may lead to prosecution under applicable laws.

9.4 Legal Obligations

We may also suspend or terminate your account if we are legally obligated to do so — for example, due to a court order, government directive, or regulatory action.

9.5 Consequences of Termination

If your access is terminated:

• You will lose access to your account, including any saved data, preferences, or leads.
• Any active subscriptions or listings may be removed without compensation or refund.
• You may be permanently barred from re-registering on the platform using the same or similar credentials.

9.6 Voluntary Termination

If you wish to delete your account or discontinue using our services, you may request account deletion through the app or by contacting our support team. Please note that account deletion is irreversible, and all associated data will be permanently erased as per our data retention policy.

10. Limitation of Liability

While MsgMars makes every reasonable effort to ensure secure, reliable, and timely delivery of SMS messages, we do not guarantee the accuracy, timeliness, or completeness of message delivery — as this is dependent on third-party SMS gateway providers, telecom networks, and regulatory frameworks (including TRAI rules).

MsgMars and its parent company, Mathrusoft Technologies Private Limited, shall not be liable for any direct, indirect, incidental, consequential, or special damages resulting from:

• Failure, delay, or partial delivery of SMS due to network congestion, DND (Do Not Disturb) restrictions, or TRAI-mandated message filtering.
• Misuse of the platform by users, including sending unsolicited messages, phishing attempts, or any non-compliance with TRAI Telecommunication Commercial Communications Customer Preference Regulations (TCCCPR).
• Suspension of message delivery by telecom operators or regulatory bodies due to suspected misuse or violations.
• Any errors in message content, including spelling, grammar, links, or misleading information provided by the user.
• Technical downtime, system maintenance, bugs, or interruptions in service.

All SMS delivery services are provided on an "as-is" and "as-available" basis without warranties of merchantability, fitness for a particular purpose, or non-infringement. MsgMars acts solely as a technology intermediary between the user and the SMS gateway provider, and does not guarantee delivery in scenarios beyond our direct control.

Users are solely responsible for ensuring that their message content complies with all applicable laws, TRAI regulations, sender ID registration requirements, and template approvals. In case of misuse or illegal activity, MsgMars reserves the right to suspend or terminate access and may cooperate with law enforcement or telecom regulatory authorities.

11. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of India, including but not limited to the Telecom Regulatory Authority of India (TRAI) regulations and the Telecommunication Commercial Communications Customer Preference Regulations (TCCCPR), without regard to its conflict of law principles.

In the event of any dispute, controversy, or claim arising out of or in connection with the use of the MsgMars platform, including but not limited to its services, message delivery, compliance obligations, or any breach or alleged breach of these Terms, both parties agree to attempt to resolve the matter amicably in the first instance.

If a resolution cannot be reached through informal negotiations, the dispute shall be subject to the exclusive jurisdiction of the competent courts located in Bengaluru, Karnataka, India. You expressly agree that any such legal action or proceeding shall be instituted in a court of competent jurisdiction in Bengaluru, and you voluntarily submit to the jurisdiction of such courts.

By using the MsgMars app, you waive any objection to such jurisdiction or venue and agree not to file any proceeding or bring any claim outside of Bengaluru, Karnataka.

This clause will survive the termination or expiration of these Terms and your use of the platform.