Terms

1. Introduction

These Terms and Conditions (“Terms”) govern the use of all messaging, communication, API integration, and related digital services (“Services”) provided by Ravindra Gaikwad, operating as a Proprietorship and engaged in the business of Messaging Services. By accessing, using, subscribing to, or registering for any of our Services, you (“User”, “Client”, “Customer”, “You”) agree to be legally bound by these Terms.

These Terms constitute a legally enforceable agreement under the applicable laws of India, including the Information Technology Act, 2000, the Indian Contract Act, 1872, and other applicable rules relating to digital communication and messaging services.

If you do not agree to these Terms, you must immediately discontinue the use of our Services.

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2. Definitions

For the purpose of this Agreement, the following terms shall have the meanings assigned below:

• “Business” refers to Ravindra Gaikwad, a proprietorship offering messaging and communication services.
• “WhatsApp Official API” refers to Meta’s WhatsApp Business API used for customer engagement, alerts, notifications, and promotional or transactional communication.
• “RCS” (Rich Communication Services) refers to communication platforms integrated with telecom operators for advanced messaging.
• “User Data” includes personal information, message content, device details, and any data shared by the Client.
• “Platform” refers to any portal, software, API, website, or communication system provided by us.
• “Charges” or “Fees” refers to payments for messaging credits, subscriptions, or API usage.
• “Third Parties” include Meta, Google, telecom operators, hosting partners, and any service providers necessary for service delivery.

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3. Acceptance of Terms

By using our Services, you:

1. Confirm that you are at least 18 years of age.
2. Understand and accept these Terms in full.
3. Agree to comply with Indian laws governing digital communication.
4. Accept that updates to these Terms will be binding once published.

If you are using our Services on behalf of an organization, you represent that you have full authority to accept these Terms.

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4. Description of Services

Ravindra Gaikwad provides a wide range of Messaging Services, including but not limited to:

• WhatsApp Business API messaging
• RCS messaging for promotional & transactional communication
• Automated alerts, notifications, and customer communication
• API integration support
• Template message approval guidance
• Message delivery analytics and reporting
• Multi-channel communication (SMS, WhatsApp, RCS, email as applicable)

We reserve the right to enhance, modify, or discontinue any part of the Services at any time.

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5. Eligibility

You are eligible to use our Services if:

• You are at least 18 years old.
• You operate a valid business or organization.
• You comply with Meta (WhatsApp) policy, TRAI guidelines, and Indian IT regulations.
• You do not engage in spam, fraud, or unlawful messaging activities.

We may decline service to any user involved in misuse of messaging platforms.

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6. Account Registration

To use most Services, users must create an account by providing:

• Name and business details
• Email address
• Mobile number
• Business documents (if required for verification)

You are responsible for:

• Maintaining confidentiality of login credentials
• Ensuring account information is accurate and updated
• All activity conducted through your account

We will not be liable for unauthorized access due to your negligence.

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7. User Responsibilities

Users agree to the following responsibilities:

• Comply with WhatsApp Business API and RCS messaging rules
• Do not send unsolicited spam messages
• Verify customer consent before sending any communication
• Maintain lawful and ethical use of Services
• Do not engage in harmful, abusive, or misleading communication
• Use accurate sender information in all messages
• Avoid content related to illegal goods, hate speech, political manipulation, adult content, gambling, fraud, or prohibited items

Any violation may result in immediate termination of service.

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8. Payment & Billing Terms

• All services are prepaid unless otherwise agreed in writing.
• Fees may include charges for message units, API usage, subscription plans, service fees, or integration charges.
• Payments are non-refundable except where required by law.
• Taxes, including GST, may apply as per Indian regulations.
• Failure to maintain balance may result in service suspension.

We reserve the right to revise pricing with prior notice.

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9. Subscription Renewal & Termination

Subscriptions renew automatically unless cancelled.

We may terminate your account if:

• You violate messaging policies
• You fail to make timely payments
• You misuse the platform
• Legal or regulatory authorities require suspension

Upon termination:

• You will lose access to our systems
• Remaining message credits may be forfeited if due to policy violation

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10. Use of WhatsApp Official API & RCS

By using these services, you agree to:

• Comply with Meta’s WhatsApp Business Terms
• Follow RCS operator guidelines
• Use only approved message templates
• Maintain customer opt-in
• Avoid spam or bulk unsolicited communication

WhatsApp or telecom operators may block your number if rules are violated.
We are not responsible for such actions.

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11. Message Delivery & Compliance Policy

Message delivery depends on:

• Telecom operator routes
• WhatsApp API uptime
• User device status
• Internet connectivity
• Third-party platform availability

We do not guarantee 100% delivery but ensure best-effort delivery through compliant channels.

We comply with:

• TRAI rules
• DLT registration norms
• IT Act 2000
• Meta messaging policy

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12. Intellectual Property Rights

All content, software, systems, and documentation provided by Ravindra Gaikwad remain our intellectual property.

Users must not:

• Copy, reverse engineer, modify, or reproduce any part of our software
• Resell, sublicense, or redistribute our platform

However, users retain ownership of:

• Their own business data
• Their message content
• Marketing material shared for messaging purpose

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13. Confidentiality

We ensure confidentiality of all user data, including:

• Customer contact lists
• Message templates
• Business documents
• API credentials

Users must also keep our proprietary information confidential.

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14. Disclaimer of Warranties

Our Services are provided “as is” and “as available” without warranties of any kind.

We do not guarantee:

• Uninterrupted service
• 100% message delivery
• Error-free software
• Third-party network uptime (Meta, Google, telecom operators)

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15. Limitation of Liability

To the maximum extent permitted under Indian law:

• We are not liable for indirect, incidental, or consequential damages.
• Our total liability is limited to the amount you paid for services in the last 30 days.
• We are not liable for message delays caused by telecom or WhatsApp outages.

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16. Indemnification

You agree to indemnify and hold Ravindra Gaikwad harmless against any claims arising from:

• Misuse of messaging services
• Policy violations
• Illegal content sent through the platform
• Breach of these Terms

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17. Governing Law (India)

These Terms are governed by:

• Laws of India
• Jurisdiction of Aurangabad, Maharashtra

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18. Changes to Terms

We may update these Terms at any time.
Continued use of Services means acceptance of updated Terms.

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19. Contact Information

Business Name: Ravindra Gaikwad
Email: ravindra98gaikwad@gmail.com
Address: H No -B 28, N-4, Shivkrupa, New Manisha Collection, Cidco, Aurangabad – 431001
Contact: 9823778825