This user agreement (hereinafter - "Agreement") is an offer (public offer) from 1msg Pte. Ltd. to conclude an agreement for provision of Access to "1MSG.io" on the terms and conditions set forth below.
1.1 For the purpose of the unambiguous interpretation of this Agreement, the following terms shall have the following meaning:
1MSG.io (hereinafter "1MSG.io", the "Service") is an online service located on the website at https://1MSG.io/ and allows correspondence via WhatsApp messenger with the use of support services and other systems. Use of 1MSG.io is governed by this Agreement.
The copyright holder is 1msg Pte. Ltd. 68 Circular Road, #02-01, 049422, Singapore, the owner of the exclusive rights to 1MSG.io, and its authorized representatives.
A user is a natural person or an organization, acting through a representative, who is granted access to 1MSG.io.
The parties are the Rights Holder and the User.
Access - the right to use the functionality of 1MSG.IO for a fee, provided to the User by the Right Holder.
1.2 Terms not defined in clause 1.1 of this Agreement may be used in this Agreement. In this case, the interpretation of such term shall be made in accordance with the text of the Agreement. In the absence of an unambiguous interpretation of the term, the interpretation of the term as defined: firstly by law, secondly by the website https://1msg.io/, then by the established (commonly used) on the Internet shall be followed.
1.3 By entering into this Agreement, the User acknowledges that they will be using the Service for purposes other than personal and/or family needs unrelated to business.
2. Subject of the Agreement and terms and conditions of Access
2.1 The subject of this Agreement is the Right Holder's providing the User, for a fee, with Access to use the 1MSG.IO functionality for correspondence on WhatsApp support services and other systems. Additionally, the Rights Holder provides technical support to the Users regarding the use of 1msg.io. Accession of the User to this Agreement shall be in accordance with para. 2.7. of this Agreement.
2.2 The Rights Holder shall ensure that the following functions of 1msg.io :
1) Maintaining the status of messages: sent to the system/delivered to the client/read by the client;
2) Receiving and sending files, voice messages and images - as in the integrated app;
3) Alert system;
4) Multi-user interface;
5) Fully functional API.
2.3 The functionality of 1MSG.IO may be extended or reduced as the Service develops. Up-to-date information about the features of 1MSG.IO is published on the website at: https://1MSG.io /.
2.4 This Agreement constitutes a license agreement.
2.5 By registering in the Service and using 1MSG.io, the User agrees that he/she will use 1MSG.IO only under the terms of this Agreement and only for business purposes to facilitate the business processes, without the right to use 1MSG.IO for personal, family, household and other needs, not related to the implementation of entrepreneurial activities.
2.6 The user uses 1msg.io at his/her own risk. The user himself/herself is responsible to third parties for his/her actions related to the use of 1msg.io . Nevertheless, the Title Holder confirms the exclusive rights to 1msg.io service. In case of any claims or lawsuits concerning the violation of third parties' rights by the User in relation to the use of the Service provided under this Agreement, the Right holder is obliged to take all necessary measures to settle the dispute as well as to compensate the User for any losses in relation to it.
2.7. This Agreement is entered into by means of full and unconditional acceptance of its terms by registering on the page at https://my.1msg.io/ as a User and assigning a unique identification code (login) and password to the User.
2.8. Prior to accepting this Agreement the User is obliged to read its terms and conditions and tariff plans, which are posted by the Licensor on the website at: https://1msg.io/. The Rights Holder has the right to change the tariff plans, and for the User the changes come into effect from the end of the previous paid period of using the Service.
2.9. The User is aware and agrees that the Licensor has the right to make any changes to the User Agreement by publishing the new edition of the Agreement on the website at https://1msg.io. The confirmation of the acceptance of the new version of the Agreement by the User is an explicit action of the User by using 1MSG.IO after the publication of the new version of the Agreement by the Right Holder. The changes come into effect from the moment the new edition of the Agreement is posted, unless otherwise provided by the new edition of the User Agreement.
2.10. The User is solely responsible for the security and confidentiality of the registration data: login and password. All actions carried out using the User's login and password shall be deemed to have been carried out by the User. The User is solely responsible to third parties for all actions taken with the username and password of the User. The Rights Holder is not responsible for unauthorized use of the User's registration data by third parties.
2.11. In order to use 1msg.io , it is necessary to have a computer or other technical device providing Internet access. All issues of acquiring Internet access rights, purchasing and setting up the respective hardware and software products for this purpose shall be decided by the User independently and shall not be regulated by this Agreement.
2.12. In order to integrate WhatsApp with the User's systems, the User needs to be registered on WhatsApp, have a mobile phone number tied to WhatsApp.
2.13. The User understands and agrees that the service is provided "as is" (including any further development and changes thereto) and that the Licensor shall not be liable for any delays, failures, incorrect or late delivery, removal or failure to store any User's personal information.
2.14. Access is provided exclusively within the pre-paid period of time in accordance with the tariffs published on the website at: https://1msg.io. Upon expiry of this period and in the absence of a written complaint from the User after 3 days from the expiry date of the Access according to the selected tariff, the obligations of the Licensor to provide access to the Service and maintain the operation of the Service are deemed to be properly fulfilled.
2.15. When accessing 1MSG.IO, it is prohibited to violate the information security of the service, including
2.16. Technical support and advice on the use of the Service is available at https://1msg.io/.
2.17. The User acknowledges that all rights to 1MSG.IO belong to the Right Holder, and the User and other persons have no right:
3. Rights and obligations of the parties
3.1 The rightsholder undertakes to:
3.1.1 Provide to the User Access to the functionality of 1MSG.IO through the web client interface using the User's login and password, subject to the limitations and exceptions specified in this Agreement. In this case the Right Holder shall not be liable in case of inability of the User to use the functionality of 1MSG.IO for reasons beyond the control of the Right Holder;
3.1.2. send invoices and certificates to the User based on the information provided by the User;
3.2 The rightsholder shall have the right:
3.2.1 To receive remuneration from the User for providing Access to 1MSG.IO under the terms of this Agreement;
3.2.2 Use the User's data in an anonymised form, which does not allow for the acquisition of the User's personal data and confidential information by third parties, in order to improve 1msg.io's activities;
3.2.3. at any time, without the User's consent or notice, change the layout, functionality, modify or supplement the scripts, software and other objects used or stored on the Site, any server applications;
3.2.4 If necessary, send to the User e-mails regarding the use of 1msg.io . However, the Rights Holder will never ask for confirmation of information containing personal information in such emails;
3.2.5 To vary the terms of this Agreement and the tariff plans under the terms of clause 2.8 and clause 2.9 of this Agreement;
3.2.6. restrict Access to users under the terms of this Agreement, impose additional restrictions on the use of 1msg.io , as well as modify such restrictions at any time;
3.2.7 Temporarily suspend the provision of Access to the User for technical, technological or other reasons, while such reasons are being rectified;
3.2.8. Suspend the provision of Access and/or terminate the Agreement prematurely in accordance with clause 7.3 hereof.
3.2.9. close the Service at any time without prior notice to Users. The right holder in this case shall not be liable for termination of Access to 1msg.io ;
3.2.10. If the User provides incorrect information or the Licensor has a reason to believe that the information provided by the User is incorrect, incomplete or inaccurate, the Licensor has the right to suspend providing Access until the confirmation of the information provided and/or its correction, or refuse the User in Access;
3.2.11. To suspend the operation of the Service for not more than 3 business days for the necessary routine preventive maintenance and repair works on the technical resources of the Titleholder, as well as unscheduled works in emergency situations. In the case of suspension of the operation of the Service of the Rights Holder for the above mentioned reasons, the Rights Holder shall notify the User about it by the email address specified by the User, and the performance of the necessary scheduled preventive and repair works on the technical resources of the Rights Holder, as well as unscheduled works in emergency situations shall not and may not be considered as a violation by the Rights Holder of its obligations under this User Agreement and is not a ground for the refund of the User's paid for services. In case of performance of above mentioned preventive and repair works the term of provision of access is prolonged for the corresponding number of days of these preventive and repair works.
3.3 The User undertakes:
3.3.1 Access to 1MSG.IO solely in accordance with this Agreement and applicable laws, including the terms of confidentiality, no spam, unsolicited marketing, notices and/or marks of advertising nature of messages.
3.3.2 Provide truthful, accurate and complete information about yourself on the matters proposed in the registration form and keep this information up to date;
3.3.3 Ensure the security and protection of your device and account, prevent unauthorized access to 1msg.io , take security and confidentiality measures when transmitting, storing and processing the data provided to the Right Holder;
3.3.4 Immediately notify the Licensor if the User discovers or suspects that unauthorized Access has taken place on its behalf;
3.3.5 Not to assign its rights under this Agreement to a third party;
3.3.6 Do not violate or attempt to violate, or assist third parties directly, indirectly, through automated or other means to violate the information security of 1msg.io ;
3.3.7 Not to violate the exclusive rights of the Rights Holder on 1msg.io ;
3.3.8. Take measures to ensure the confidentiality of its registration data and the User's username and password.
3.4 The user has the right:
3.4.1 Access the 1MSG.IO functionality via the web client interface using the User's login and password under the terms of this Agreement;
3.4.2 Receive technical and advisory support from 1MSG.IO regarding the operation of the Service;
3.4.3 Contact the Owner of the Rights in order to resolve any disputes or for assistance in using 1msg.io.
4. Privacy and personal data processing policy
4.1 By accepting the terms of this Agreement, the User confirms their consent to the collection, storage and processing of their personal data by the Rights Holder in order to fulfill their obligations under this Agreement. From the moment of User's registration in 1MSG.IO such consent is deemed to be received in written form.
4.2 The data to be processed shall include the following information
- contact telephone number;
- surname, first name, patronymic;
- email address;
4.3 Processing of personal data shall be carried out with or without the use of automated means (mixed processing) and includes: collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), anonymization, blocking, deletion, destruction of personal data, including transfer of personal data in the manner prescribed by law, through protected communication channels (on computer media).
4.4 The User agrees to receive 1msg.io newsletters, system messages and notifications related to the operation of the Service and other information at the e-mail address provided upon registration as a User. The User has the right to refuse to receive the newsletter.
4.5 The User has the right to withdraw their consent by giving notice. The Rights Holder must delete the User's personal data within 30 days of the receipt of the relevant application, but if the User does not declare a withdrawal from this Agreement, the Rights Holder may continue the processing of personal data for the performance of the terms of this Agreement, and in other cases established by applicable law. Withdrawal of consent to the processing of personal data shall result in the impossibility of further use of the Service.
4.6 The User's consent to the processing of their personal data shall be valid for the duration of the Agreement and for a period of five (5) years from the date of termination of this Agreement.
4.7 The Right Holder shall not be liable for the possible misuse of the User's personal information that occurs due to the following reasons:
4.8 By using 1msg.io , the User agrees and accepts that the Rights Holder reserves the right to use their personal information anonymously and in aggregate form for statistical purposes.
4.9 The Licensor undertakes not to provide any personal information about the Users to any private individuals or organizations claiming possible misuse of such information (sending unauthorized advertisements, "spam", providing information to other persons and the like), except in cases stipulated by the current legislation of the Russian Federation.
4.10. The Rights Holder collects and stores only the personal information that is necessary to provide the Service or perform agreements and contracts with the User, unless the law provides for the mandatory storage of personal information for a period determined by law, including for the purpose of
- the identification of the User;
- providing the User with personalized services;
- improving the quality of services provided by the Service and developing new ones;
- communication with the User, including the sending of notices, requests and information relating to the use of the website, the provision of services and the processing of requests and applications from the User;
- statistical and other studies, based on anonymised data;
- conducting marketing promotions for Users, including for the purpose of distributing offers of participation in the promotion and receiving the prizes/rewards provided by the promotion;
- distribution of advertising and information material via telecommunication networks, including by telephone, internet, or direct contact;
- targeting of newsletters, advertisements and other information communicated to Users.
4.11 The User's personal information shall be kept confidential, except when personal data is processed when access is granted to an unlimited number of persons by the User or at the User's request.
4.12. The Rights Holder has the right to transfer the User's Personal Information to third parties in the following cases:
- The user has consented to such action;
- the transfer is necessary to use a particular service/service of the Rights Holder;
- the transfer is provided for by applicable law in accordance with a statutory procedure; - the transfer takes place as part of the sale or other transfer of the Service (in full
or part thereof), and the acquirer shall have all obligations to comply with the terms of this User Agreement in relation to the personal information it has obtained.
5. Responsibility of the Parties
5.1 The liability of the User is established by applicable law. In the event of a violation of the terms of this Agreement, the Rights Holder has the right to block the User's access to the Service without paying any compensation or indemnification and without sending any prior notice.
5.2 The copyright holder shall not be liable under any circumstances:
5.3. In the event of a breach of the terms of this Agreement the Licensor agrees to compensate the User for documented damages caused by such a breach.
5.4. In any circumstances the liability of the Licensor is limited and is imposed on the User only if there is fault in his actions.
5.5 The party that fails to fulfill or improperly fulfills the obligation is liable, unless it proves that the proper fulfillment was not possible due to force majeure, i.e. extraordinary and unavoidable circumstances under the given conditions. Such circumstances do not include, in particular, a breach of duty on the part of the debtor's counterparties, the unavailability of goods needed for performance on the market, or the debtor's lack of the necessary funds. In the event of force majeure, which the party to this Agreement could neither foresee nor prevent by reasonable measures, the due date for the fulfillment of obligations under this Agreement shall be postponed in proportion to the time during which such circumstances continue to apply, without compensation for any losses or penalties. The Parties undertake to notify each other immediately (but no later than five (5) working days) of the occurrence of such circumstances. Each of the Parties has the right to request the other Party to provide documents confirming the circumstances which the Party refers to as circumstances excluding liability for failure to fulfill the obligations under this Agreement. Such documents include: opinions of the Chamber of Commerce and Industry, documents issued by competent state authorities. If force majeure circumstances and/or their consequences persist for more than thirty (30) consecutive calendar days, the Agreement may be terminated at the initiative of either Party by sending a written notice to the other Party.
6. Validity of the Agreement and procedure for termination
6.1 The Agreement shall come into force upon acceptance and shall remain in force until terminated.
6.2 This Agreement may be terminated by agreement between the Parties at any time.
6.3. The Licensor has the right to terminate this Agreement unilaterally without notice, in case of violation of obligations and/or guarantees accepted by the User in accordance with this Agreement or in case if the User does not use the Access for 6 (six) consecutive calendar months.
7. Other conditions
7.1 This Agreement, its conclusion and execution shall be governed by the laws of the Republic of Singapore.
7.2 The User and the Licensor have agreed on a compulsory claim procedure for resolving disputes, with a deadline of 30 (thirty) working days from the date the claim is sent.
7.3. In case of failure to settle a dispute and subject to compulsory claim procedure, disputes between the User and the Rights Holder shall be settled in the Court.
7.4 Any notices under this Agreement, other than notices for which Section 7 provides for mandatory written form, may be sent by one by email. The User's email address shall be the address provided when registering. The email address of the Right Holder is firstname.lastname@example.org. Any documents and messages sent to the User's email address specified when registering to the Service, and using the functionality of the Service, are deemed to be signed with a simple electronic signature, equivalent to documents in hard copy, and may be used as evidence in court.
7.5 Without prejudice to the terms of this Agreement, the User and the Licensor may at any time execute this Agreement by a single document signed by the parties.