Privacy Policy
Your Private data
Your all private data including your Name, Phone number, email id, address and other details will be safe with msgMars and wont be shared with any third party.
We may ask your message read permission for OTP auto verification.
We may ask you for contact read permission to select contact from your phone to select and send sms.
We may need your permanent storage read and write permission to store database locally on your mobile storage and to read and write your profile picture for msgMars.
We may need internet permission to contact our server for sending your SMS through our server.
Terms & Conditions
- Any illegal use of the SMS service is strictly prohibited.
- Messages containing sexual, racist or discriminatory content or any such usage of them may be considered as harassment and you are to be held responsible for this. TEAM msgMars does not assume any liability for the content of the messages sent.
- TEAM msgMars will be exempt from any claim that may arise from third parties as a result of the message content.
- You guarantee that the content of any SMS always respects and does not in any way conflict with fundamental human rights or will follow the norms of Intellectual Property Right laws. (e.g. right to privacy, prohibition of discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin.)
- You accept that the service is provided for professional use only and you agree not to use it to :
- Promote alcohol, music, dancing, dating, gambling or deception.
- Send unsolicited messages (i.e. mobile spam) and to therefore ensure that your messages are only sent to individuals that have given you their permission.
- Harvest, or otherwise collect information about others, without their consent.
- Mislead others by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you.
- Transmit, associate or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind. As a general guideline, if your content is not suitable for ages 13+, it most likely goes against our Usage Policy.
- Transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity.
- Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs.
- Interfere with, or disrupt, networks connected to the service or violate the regulations, policies or procedures of such networks.
- Attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means.
- Interfere with others use and enjoyment of the service.
- Engage in any other activity that Team msgMars believes could subject it to criminal liability or civil penalty/judgment.
- You acknowledge that TEAM msgMars delivers SMS's via major telecom operators and can therefore only influence the delivery transmission of SMS within the technical constraints imposed. SMS's submitted via Internet will be transferred to mobile network providers, provided that the recipient's phone is switched on and doesn't have a full memory and is located in an area covered by its subscribed mobile network provider. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS to the recipient successfully.
- You are responsible for the privacy and storage of the user-name and password. You agree to be legally bound by all the activities carried out through your account.
- TEAM msgMars neither claims nor guarantees the availability or performance of this service and accepts no liability for transmission delays or message failures. While TEAM msgMars makes every effort to deliver messages promptly.
- TEAM msgMars doesn't refund the credits for undeliverable messages to you because we cannot guarantee delivery of the SMS's to recipients due to possible errors. TEAM msgMars debits transmitted SMS's according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, except if investigation by TEAM msgMars has produced evidence of a technical problem or error.
- TEAM msgMars reserves the right to exclude you from using this service, refunding you any remaining amount in your account. All purchases must be considered as final, in compliance with our no refund policy.
- The SMS account balance is non-refundable and does not bear any interest. All the SMS's must be used in the validity period from the date of the purchase. No carry forward of the credits will be made unless otherwise defined in a separate contract.
- You undertake the entire responsibility regarding the messages sent through msgMars services from your account, which are transmitted as per your request.
- You shall indemnify and reimburse TEAM msgMars all liabilities, costs, losses and damages, in case of any claim brought against TEAM msgMars from any third party due to breach of contract.
- You shall in no way raise questions concerning our price policy since it is liable to change with due amendments in the government rules and regulations.
Limitation of Liability/Disclaimer
- Whilst we will take all reasonable steps to deliver your messages to the recipients as
fast as possible, we cannot commit to, or guarantee, a specific delivery time. Such
times depend on various network and system-related factors among the various entities
involved in the transportation of your messages across the cellular mobile networks.
- Furthermore, delivery reports and the originator are operator dependant features and so
it is not possible for us to give 100% guarantee for their availability. We recommend that
tests should be conducted beforehand when these features are considered to be of high
importance.
- You acknowledge that as we send and receive text-messages via major
telecommunication companies and Mobile Network Operators, our influence over the
transmission of your messages is within the technical constraints imposed upon us.
- Our responsibility is therefore to ensure that the text-messages you send through
the service are processed correctly and delivered to the assigned entity. We are not
responsible for the final delivery of the message, as this is out of our control and is the
responsibility of the Mobile Network Operator.
- SMS's that cannot be delivered within the lifespan allocated to them, either by us or a
Mobile Network Operator will be discarded by the Mobile Network Operator, without any
notice. We are not liable for any loss incurred by the failure of a message to be delivered
and you acknowledge that damages concerning financial or other loss resulting from
delivery failure cannot be claimed from Team msgMars. Furthermore, you agree that the
message contents are deemed to have zero value.
- You also acknowledge that text-messages are transmitted unencrypted and that
eavesdropping of mobile phone communications, including SMS delivery by third parties
is possible. We also recommend that you ensure sensitive and valuable information is
communicated by a number of superior communication methods.
- Furthermore, use of the service and the Internet is at its own risk and that the service
is provided "as is" and "as available", without any warranties or conditions whatsoever,
expressed or implied. We will apply all commercially reasonable efforts to make access
to the service available through the required access protocols, but make no warranty
or guarantee that you will be able to access the service at any particular time or any
particular location. Without limiting the generality of the terms set forth, we and our
affiliates, agents, content providers, service providers, and licensees hereby disclaim
all express and implied warranties as to the accuracy, completeness, non-infringement,
merchantability or fitness for particular purpose of the service generally, and any content
or services contained therein, as well as all express and implied warranties that the
operation of the service generally and any contender services contained therein will be
uninterrupted or error-free.
- We shall in no event be liable for any inaccuracy, error or omission in, or loss, injury
or damage caused in whole or in part by failures, delays or interruptions of the service
generally, and any aspect ancillary thereto; you agree to indemnify us for any third party
claims arising from such failures, delays or interruptions in connection with regard to the
use of the service.
- Notwithstanding anything to the contrary contained herein, the provisions outlined above
are for the benefit of Team msgMars and its affiliates, agents, content providers and
service providers and each shall have the right to assert and enforce such provisions
directly on its own behalf.
Termination
If at any time you breach the terms and conditions of the service, we may elect to suspend, terminate and/or cancel this agreement and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation. We reserve the right to suspend your service at any stage for any reason we may deem necessary to continue to provide any of our services in a way that may be hindered by your status as being our client, your financial status or the content of the messages originating from you.
Upon any such termination, cancellation and/or suspension, you are still responsible for any obligations than accrued. Payment and other obligations under this agreement are not suspended, stayed, or otherwise affected by a suspension of access to/or use of the service (in whole or in part) where said suspension arises from your failure to comply with, or violation of, the terms of this agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, you agree to immediately cease using the service and we shall have no obligation to you after any termination or cancellation of this agreement.
You are also free to terminate or cancel this agreement at any time, and for any reason. For such termination or cancellation to be effective however, you must inform us in writing through Email. You will still be under the responsibilities of this agreement for the duration that you used the service and you will cease to have access to the use of any credits that may exist in your account.
Our terms and conditions as well as the prices are subject to change from time to time according to TRAI rules and regulations.
No-Spam Policy
General conditions
We consider SMS to be a compelling tool for delivering useful information, alerts and notifications.
Any registered user of msgMars can send SMS to his/her friends, family, colleagues, clients, contacts etc. using our service.
Users are strictly forbidden from registering multiple times to try demo. One demo account is sufficient to evaluate the service and features offered by msgMars.
Conditions specific to Transactional Route/R4
- Telecom regularities may ask to register yourself before you send SMS to a country.
- If a valid complaint is filed against you, Monetary fine may be implied (subject to laws constituted by regulatory authority.)
- If system algorithm filters an SMS as promotional, manual review is possible.
Content that is prohibited.
Our Service doesn’t allow spam or any sort of offensive or illegal content.
We do not send:
- SMS that violate CAN-SPAM Act;
- Sexually explicit messages;
- Marketing SMS to a list of people without their permission (unsolicited commercial SMS.)
We review each profile to make sure it meets our terms of service, which help us maintain deliverability for all of our clients.
Please understand that some industries or “niches" return more abuse and spam complaints than average. We cannot risk our server’s reputation and connectivity with operators, which affects each users profile. Our service does not accept SMS campaigns, that offer types of services, products, or content listed below:
- Escort and dating services;
- Lottery services;
- Online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, prescription and counterfeit drugs;
- Work from home, make money online, and lead generation opportunities ("get rich quick", "build your wealth", "financial independence");
- Pyramid schemes or multi-level channel, network and/or referral marketing (MLM) businesses used for prospecting or recruiting;
- Affiliate marketing;
- Debt collections, credit repair and debt relief offerings;
- Mortgages and loans;
- Nutritional, herbal, and vitamin supplements;
- Adult novelty items or references;
- List brokers or list rental services;
- Illegal goods, pirated software or media;
- Odds making and betting/gambling services, including but not limited online poker or casino games.
Our Definition of Illegally Collected Number Lists
A number list is legit if the recipient agreed to receive SMS from you
The illegal ways of collecting mailing lists are:
- Renting/buying numbers from a third-party.
- Collecting from Yellow Pages, online directories, etc.
- Getting numbers with the help of number extracting softwares.
msgMars SMTP doesn’t allow SPAM messages to be sent to a mobile number from our service. It is
Our Definition of SMS Spam
We consider any unsolicited, unexpected, or unwanted SMS sent to the recipients in order to extort their valuables from them or to mislead them to be SPAM.
SMS must comply with the following principles:
- No false, invalid or misleading information in the body of SMS should be sent using msgMars Service.
- No SMS must be sent to recipients without having previously obtained her/his consent.
- Text displayed must clearly state or illustrate the service that is offered.
- Marketing campaigns must clearly identify who is providing the service (originator) and clearly state the expense of the service promoted.
- It is strictly forbidden to send messages to illegally collected numbers via msgMars servers.
Anti-Spam Policy Enforcement
Any evidence of users not adhering to this anti-spam policy will cause immediate disconnection of user spam messages sending, suspension of the service and might also result in freezing of all money to ensure an immediate end to the violation until the details are cleared up.
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