MsgKart by Vikraysoft Private Limited
IMPORTANT. READ CAREFULLY. These terms and conditions for software licensing and services (“Terms of Use”) constitute a legal agreement between MsgKart by Vikraysoft Private Limited, a company incorporated under the laws of India with its registered office at 43 Nisarga 3rd Main Road, AMS Layout, Vidyaranyapura, Bangalore, India - 560097 (referred to as “Company”, “Our”, “Us”) and merchants (whether an individual or a legally recognized entity) involved in any lawful business for the provision of any services or goods across the territory of India (“Client”, “You”, or “Your”).
The Company offers a suite of messaging software-as-a-service solutions through a single platform to enable its customers to manage communications with their users under the name and style of “MsgKart” (“Solution”).
The Company may, at its sole discretion, authorize such persons from time to time, who shall carry out all or any of its rights, duties, and obligations under these Terms of Use, and any reference to “MsgKart” under these Terms of Use shall be construed to mean and include any such persons duly authorized and acting on behalf of the Company.
These Terms of Use are an electronic record in terms of the Information Technology Act, 2000, the applicable rules thereunder, and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. These Terms of Use are generated by a computer system and do not require any physical or digital signatures.
These Terms of Use are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which require publishing the rules and regulations, privacy policy, and terms of use for access to or usage of any electronic devices and services.
BY USING THE SOLUTION, THE CLIENT ACCEPTS THE TERMS OF THESE TERMS OF USE AND ANY ADDENDUM OR ANNEXURE BEING PART OF THESE TERMS OF USE. IF THE CLIENT DOES NOT ACCEPT THESE TERMS, THE CLIENT SHOULD NOT USE THE SOLUTION. THE COMPANY MAY MODIFY OR UPDATE THESE TERMS OF USE FROM TIME TO TIME AND THE SAME SHALL BE MADE AVAILABLE AT [https://www.msgkart.com/terms-of-service] FOR ACCESS BY THE CLIENT.
In these Terms of Use, (i) capitalized terms defined by inclusion in quotations and/or parenthesis have the meanings so ascribed; and (ii) the capitalized terms as set out below shall have the meanings as indicated therein. In these Terms of Use, the headings are for convenience only and shall not in any way define or limit the scope.
“Applicable Law” means and includes all applicable Indian statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any governmental authority or self-regulatory agency, statutory authority, tribunal, board, court in India.
“Applicable Data Protection Law” refers to all relevant laws, regulations, and guidelines issued by the Indian government related to aspects such as privacy, data processing, data protection, data security, encryption, or confidentiality. This includes, but is not limited to, the Indian Information Technology Act, 2000. The parties acknowledge and agree that when the Digital Personal Data Protection Act (DPDPA) of 2023 is introduced and enforced, the Applicable Data Protection Law will be updated to replace the IT Act, 2000 with the DPDPA, 2023, and shall apply retrospectively.
“Beta Products” means a pre-released version of the Solution or any of its components circulated to you to try under realistic conditions which are not pre-simulated.
“Business Day” shall mean any day other than Saturday, Sunday, or any public holidays, on which the banks in Bangalore are open for business.
“Intellectual Property” means and includes all intellectual property, in any part of the world, whether registered or not registered, and in particular (i) all trademarks, service marks, trade names, logos, domain names; patents, design rights; trade secrets, including, know-how, technology, formulae, industrial and commercial information, techniques and inventions; processes, manuals, documentation, and technical data and information; copyrights, works of authorship, and topography rights, database rights; computer hardware and software including source code, computer programs, user interfaces, software applications, software platform or infrastructure and any other information in relation to the above; (ii) all rights under licenses in respect of all of the above; (iii) any applications or registrations for the protection of all of the rights specified at sub-clause (i) and (ii) herein above; and (iv) all renewals and extensions thereof; and the term “Intellectual Property Rights” shall be construed accordingly.
“Personal Data” means any information relating to an identified or identifiable natural person or that is otherwise considered personally identifiable information, personal information, or personal data under Applicable Data Protection Law.
“SaaS” means software as a service.
“Subscription Commencement Date” means the date on which the Client accepts and acknowledges these Terms of Use.
“Scheduled Maintenance” means the Company’s scheduled routine maintenance of the Solution for which the Client shall be notified at least two (2) hours in advance and shall not exceed eight (8) hours per week.
“Third Party Services” means the third-party services made available by the Company under the Solution including but not limited to WhatsApp.
“Update” means the modifications or revisions made to the Solution: (i) to improve upon or repair existing features and operations within the Solution; (ii) to ensure compatibility with new releases of existing systems (including hardware, operating systems, and middleware) and external services through standardized interfaces; (iii) to comply with Applicable Laws, regulations, industry standards, or market practice, other than an Upgrade.
“Upgrades” means new versions of the Solution intended to enhance the functionality of the Solution and that may change the version number of such Solution.
These Terms of Use are effective until terminated in accordance with the terms set forth herein (“Term”) and will be automatically renewed beyond the Term (“Auto Renewal”), upon the same terms and conditions as set forth herein unless expressly revoked by the Client in writing.
During the Term, in consideration of payment of the Fees by the Client to the Company and subject to the terms and conditions herein, the Company grants to the Client, a limited, non-exclusive, personal, revocable, non-transferable, and non-licensable license to access and use the Solution on a subscription basis, in accordance with these Terms of Use. Nothing contained herein shall be construed as creating any arrangement for transfer of title, ownership, or interest including rights under any Intellectual Property in or of the Solution in favor of the Client.
The Solution shall be made available by the Company to the Client as a service on a SaaS model, whereby the Company will provide the Client access to the Solution by hosting the Solution on a centrally hosted system, to which the Client will be given necessary access. The Company reserves for itself all other rights and interests not explicitly granted under these Terms of Use. The Client’s subscription to the Solution shall commence on the Subscription Commencement Date, irrespective of the Trial Period. The Client agrees and acknowledges that any delay in the implementation of the Solution that can be attributed to the Client, illustratively, due to non-provision or delay in provision of any material, information or documents requisitioned by the Company for the purposes of implementing the Solution, will not result in any change of the Subscription Commencement Date and will be liable to pay the Fees in accordance with the terms set out in these Terms of Use.
Notwithstanding the foregoing, the Client acknowledges and agrees that the use of the Solution shall be subject to such additional terms and conditions and privacy policy, as may be applicable thereto and available at Privacy Policy, including any updates thereto from time to time. For avoidance of doubt, these Terms of Use shall be in addition to and not in derogation of any terms and conditions and privacy policy applicable to the Solution. Such terms and conditions and the privacy policy applicable shall be read into and shall form an integral part of these Terms of Use.
For availing the Solution, the Client hereby expressly consents and agrees to provide all information, including any applicable documents required by the Company, including the Client’s identity, address, and payment details, to the Company, from time to time.
The Client acknowledges and agrees that the Solution provided under these Terms of Use, during the Term is non-exclusive in nature and that the Company shall be entitled, at all times, to deal with the Solution in any manner it deems fit which includes the provision of services using the Solution by itself or any variation, Update or Upgrades through any third party, from time to time. At any time, the Solution shall include all modifications, Updates, future or new Upgrades, additions, at the sole discretion of the Company. It is hereby clarified that the Client’s continued use of the Solution pursuant to any such Updates and Upgrades will be considered deemed acceptance of such Updates and Upgrades.
The License granted under these Terms of Use is only for the limited use of the Solution by the Client for its business operations and shall not include, without limitation, the right to:
