Terms of service

About these terms

These terms of service (the "Agreement") apply to the services (the "Services") that MsgClub makes available to you (the "client") through https://www.msgclub.net. Our Services consist of the platform, features and connectivity that MsgClub provides to you, including the web panel, mobile application and APIs through which you use channels such as SMS, WhatsApp, RCS, voice broadcast, IVR, missed call and AI Voice. MsgClub is operated by The Basics Digital Solutions Private Limited ("MsgClub", "we" or "us").

Using the Services means you agree to these terms. By accessing or using the Services, you confirm that you have carefully read and understood these terms and agree to be bound by them.

Your account and the information you give us

The name, mobile number and email address you provide at sign-up must be true to the best of your knowledge, and the email address must be in working order.

We keep all sign-up details confidential within the MsgClub team for official use only. We use your mobile number and email address to tell you about technical failures, service downtime, changes to the service or changes to our policies, and to keep a two-way channel open for official communication.

To track users' geographical location and help prevent fraud, we keep a record of our users' IP addresses.

You can change your personal details at any time by logging in to your account and editing your profile page.

You choose MsgClub of your own free will. If you want to stop receiving communications from the MsgClub team, email support@msgclub.net asking to unsubscribe. We will send a confirmation email, to make sure the request was not a mistake or made by someone else.

How we handle personal data is described in our privacy policy.

Acceptable use

You agree to follow all applicable local, national and international laws and regulations. You are solely responsible for everything done or not done under your account, including the content of the messages sent through the Services. The SMS service that sends and receives messages to and from mobile phones is maintained by the MsgClub team, and its use is subject to the following conditions.

• Any illegal use of the SMS service is strictly prohibited.
• Messages with sexual, racist or discriminatory content, or similar use, may be treated as harassment, and you will be held responsible. MsgClub accepts no liability for the content of messages sent.
• MsgClub is exempt from any claim by third parties arising from message content.
• You guarantee that the content of every message respects, and does not conflict in any way with, fundamental human rights and intellectual property laws (for example, the right to privacy and the prohibition of discrimination on grounds such as sex, race, colour, language, religion, political or other opinion, or national or social origin).

You accept that the Services are for professional use only, and you agree not to use them to:

• promote alcohol, music, dancing, dating, gambling or deception;
• send unsolicited messages (mobile spam). You must make sure your messages go only to people who have given you their permission;
• harvest or otherwise collect information about others without their consent;
• mislead others by creating a false identity, impersonating someone or something else, or giving contact details that do not belong to you;
• send, associate with or publish any unlawful, racist, harassing, libellous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise objectionable material. As a general guide, content not suitable for ages 13 and over most likely breaches this policy;
• send any material that may infringe the intellectual property rights of third parties, including trademarks, copyrights or publicity rights;
• send any material containing viruses, Trojan horses, worms, time bombs, cancel-bots or other harmful programs;
• interfere with or disrupt networks connected to the Services, or breach the regulations, policies or procedures of those networks;
• try to gain unauthorised access to the Services, other accounts, or computer systems or networks connected to the Services, by password mining or any other means; or
• interfere with other people's use and enjoyment of the Services.

Message delivery

MsgClub delivers SMS through major telecom operators, so we can influence delivery only within the technical limits those operators impose. Messages submitted over the internet are passed to mobile network providers. They can be delivered only if the recipient's phone is switched on, its memory is not full, and it is in an area covered by the recipient's mobile network. Depending on the recipient's mobile provider, it may not be possible to deliver a message successfully.

MsgClub does not claim or guarantee the availability or performance of the Services and accepts no liability for transmission delays or failed messages, although we make every effort to deliver messages promptly.

Account security

You are responsible for keeping your username and password private and secure. You agree to be legally bound by all activity carried out through your account.

Credits, pricing and refunds

Because we cannot guarantee delivery of every message to its recipient, we do not refund credits for undelivered messages. We debit sent messages according to our transmission logs. These logs are treated as correct and valid even if you dispute the accounting records, unless our own investigation finds evidence of a technical problem or error.

MsgClub may stop you from using the Services and refund any amount remaining in your account. Otherwise, all purchases are final under our no-refund policy.

Your account balance is non-refundable and earns no interest. All credits must be used within the validity period, counted from the date of purchase. Credits are not carried forward unless a separate contract says otherwise.

Our prices may change with amendments to government, TRAI or telecom operator rules and regulations, and you agree not to dispute our pricing policy on that basis. A summary of these clauses is on our refund policy page, and how each channel is billed is explained on the pricing page.

Your responsibility for messages

You take full responsibility for messages sent from your account through MsgClub, which are sent at your request. You will indemnify and reimburse MsgClub for all liabilities, costs, losses and damages if any third party brings a claim against MsgClub because of your breach of this Agreement.

Limitation of liability and disclaimer

Apart from our explicit warranties and obligations, we offer the Services "as is".

We take all reasonable steps to deliver your messages as quickly as possible, but we cannot commit to or guarantee a specific delivery time. Delivery time depends on many network and system factors across the organisations involved in carrying your messages over mobile networks.

You acknowledge that we send and receive text messages through major telecom companies and mobile network operators, so our influence over delivery is limited by the technical constraints placed on us. Our responsibility is to make sure that messages you send through the Services are processed correctly and handed to the assigned entity. Final delivery is outside our control and is the responsibility of the mobile network operator.

Messages that cannot be delivered within their allotted lifespan, set by us or by a mobile network operator, will be discarded by the operator without notice. We are not liable for any loss caused by a message not being delivered, and you agree that you cannot claim financial or other damages from MsgClub for delivery failure. You also agree that message contents are treated as having zero value.

You acknowledge that text messages are sent unencrypted and that third parties may be able to intercept mobile communications, including SMS. We recommend using more secure communication methods for sensitive or valuable information.

You use the Services and the internet at your own risk. The Services are provided "as is" and "as available", without any warranties or conditions of any kind, express or implied. We make all commercially reasonable efforts to keep the Services available through the required access protocols, but we do not warrant or guarantee that you will be able to access them at any particular time or place.

Without limiting the above, we and our affiliates, agents, content providers, service providers and licensors disclaim all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose of the Services and any content or services within them, and all warranties that the Services will be uninterrupted or error-free.

We will in no event be liable for any inaccuracy, error or omission, or for any loss, injury or damage caused wholly or partly by failures, delays or interruptions of the Services or anything related to them. You agree to indemnify us against third-party claims arising from such failures, delays or interruptions in connection with your use of the Services.

Despite anything to the contrary in these terms, the provisions above are for the benefit of MsgClub and its affiliates, agents, content providers and service providers, and each of them may assert and enforce these provisions directly on its own behalf.

Google Sheets add-on

Our application accesses and uses Google user data (such as Google Sheets content and related metadata) only to provide the core functions of the service, including message delivery and automation. We do not sell, rent or share Google user data with third parties except as required to operate the service or comply with applicable law. All Google user data is handled securely and kept only as long as needed for its stated purpose, in line with our privacy policy and the Google API Services User Data Policy.

Cancellation

You may deactivate your account at any time. Send all cancellation requests to the MsgClub accounts and billing department by email or phone. A request is valid only once you receive confirmation from our accounts or billing department. That confirmation email, or the reference number they give you, is your proof of cancellation.

You may also end this Agreement at any time and for any reason. For this to take effect, you must inform us in writing by email. You remain bound by this Agreement for the period in which you used the Services, and you will lose access to any credits left in your account.

Suspension and termination

Any breach can result in termination. MsgClub may suspend or end access to the Services without prior notice and without giving a reason, including in case of a possible breach of these terms. MsgClub is not liable for any termination of the Services caused by non-renewal, late payment of dues or breach of the service usage policy.

If you breach these terms at any time, we may suspend, end or cancel this Agreement and recover from you any damages arising from the events that led to it. We may suspend your service at any stage for any reason we consider necessary to keep providing our services, where that may be hindered by your status as our client, your financial status or the content of messages sent from your account.

After any termination, cancellation or suspension, you remain responsible for any obligations already incurred. Payment and other obligations under this Agreement are not suspended or otherwise affected by a suspension of access to the Services (in whole or in part) that results from your failure to comply with this Agreement or with any law or legal obligation. After termination or cancellation for any reason, you agree to stop using the Services immediately, and we have no further obligation to you.

Changes to these terms

Our terms are aligned with, and may change to reflect, laws and guidelines issued by government bodies. Our terms and prices may change from time to time in line with TRAI rules and regulations.

We regularly update and improve the Services, and these changes often require us to update these terms at the same time. We may therefore change the terms of this Agreement, and change or discontinue any aspect or feature of the Services, as we consider reasonably necessary. If you do not agree with a change, you may cancel your use of the Services using the cancellation process above. You are responsible for reviewing this Agreement from time to time to stay aware of changes and, if you ask, we will keep you informed when changes are made.

If specific terms and conditions for a service conflict with these general terms, the specific terms apply.

Contact us

The Services are operated and provided by:

If you have any questions about these terms, please contact the MsgClub team.