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1. Introduction

Welcome to Mind Power. These Terms & Conditions (“Terms”) govern your access to and use of our website, platforms, communication tools, WhatsApp Official API services, RCS messaging services, and any related software, applications, or services (collectively, the “Services”) provided by Mind Power.

Mind Power is operated by Sameer Bhalchandra Bakhale, located at 156 Rajopadhye Nagar, Bakhale, Kolhapur, Maharashtra – 416012, India. By accessing or using our Services, you agree to be legally bound by these Terms. If you do not agree, you must discontinue use of our Services immediately.

These Terms are drafted in compliance with Indian laws including the Information Technology Act, 2000, associated rules, and applicable contractual principles.


2. Definitions

  • “Company,” “We,” “Us,” or “Our” refers to Mind Power.
  • “User,” “You,” or “Your” refers to any individual or business accessing or using the Services.
  • “Services” include WhatsApp Business messaging, RCS messaging, customer communication solutions, automation tools, APIs, dashboards, and related support.
  • “Meta” refers to Meta Platforms Inc., owner of WhatsApp.
  • “RCS” refers to Rich Communication Services provided via telecom operators.
  • “Content” means any message, text, media, data, or material transmitted using our Services.

3. Acceptance of Terms

By registering, accessing, or using the Services of Mind Power, you acknowledge that you have read, understood, and agreed to these Terms. Acceptance may occur electronically and shall be legally valid.

If you are using the Services on behalf of an organization, you represent that you are authorized to bind such organization to these Terms.


4. Description of Services

Mind Power provides cloud-based communication and messaging services, including but not limited to:

  • WhatsApp Business API integration
  • RCS business messaging solutions
  • Customer engagement tools
  • Automated notifications, alerts, and transactional messages
  • Support and onboarding services

The Services are provided on a subscription or usage basis and are subject to third-party platform availability.


5. Eligibility

To use our Services, you must:

  • Be at least 18 years of age
  • Have the legal authority to enter into binding contracts
  • Use the Services for lawful business or personal purposes
  • Comply with all applicable Indian laws and regulations

Mind Power reserves the right to refuse service to any user who does not meet eligibility criteria.


6. Account Registration

Certain Services require account registration. You agree to:

  • Provide accurate and complete information
  • Maintain confidentiality of login credentials
  • Notify us immediately of unauthorized access

You are solely responsible for all activities conducted through your account.


7. User Responsibilities

You agree not to:

  • Send spam, fraudulent, or misleading messages
  • Violate Meta or RCS platform policies
  • Transmit unlawful, abusive, or harmful content
  • Infringe intellectual property or privacy rights
  • Misuse user data or message recipients without consent

Mind Power may suspend or terminate access for policy violations.


8. Payment & Billing Terms

Certain Services require payment. By subscribing, you agree to:

  • Pay applicable fees as per selected plan
  • Authorize recurring billing if applicable
  • Bear all applicable taxes (GST or otherwise)

Payments are non-refundable unless explicitly stated.


9. Subscription Renewal & Termination

Subscriptions may renew automatically unless canceled. You may terminate your subscription by providing prior notice.

Mind Power reserves the right to suspend or terminate Services for breach of these Terms, non-payment, or compliance violations.


10. Use of WhatsApp Official API & RCS

Users must strictly comply with:

  • Meta WhatsApp Business Messaging Policy
  • Meta Commerce and Data Protection policies
  • Telecom operator RCS guidelines

Message templates, opt-in mechanisms, and delivery are subject to approval by Meta or telecom operators.


11. Message Delivery & Compliance Policy

Mind Power does not guarantee message delivery due to factors beyond control including network issues, platform downtime, or recipient device limitations.

Users are responsible for obtaining lawful consent from recipients before messaging.


12. Intellectual Property Rights

All software, trademarks, logos, documentation, and proprietary materials belong to Mind Power or its licensors.

You are granted a limited, non-exclusive, non-transferable license to use the Services.


13. Confidentiality

Both parties agree to maintain confidentiality of non-public business, technical, or user information.

Confidential obligations survive termination of these Terms.


14. Disclaimer of Warranties

Services are provided “as is” and “as available.” Mind Power disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose.


15. Limitation of Liability

To the maximum extent permitted by Indian law, Mind Power shall not be liable for indirect, incidental, or consequential damages.

Total liability shall not exceed the fees paid by you in the preceding 12 months.


16. Indemnification

You agree to indemnify and hold harmless Mind Power against any claims arising from your misuse of Services, violation of laws, or third-party rights.


17. Governing Law (India)

These Terms shall be governed by and interpreted under the laws of India. Courts at Kolhapur, Maharashtra shall have exclusive jurisdiction.


18. Changes to Terms

Mind Power may modify these Terms at any time. Continued use of Services constitutes acceptance of updated Terms.


19. Contact Information