Magic SMS operates this website to provide information, tools, and services to its users, subject to your acceptance of the terms, conditions, policies, and notices outlined here. Throughout the site, the terms “we,” “us,” and “our” refer to Magic SMS.
By accessing our website or using our services, you agree to comply with these terms and conditions (“Terms of Service” or “Terms”), including any additional policies or guidelines referenced or linked herein. These Terms apply to all visitors, including users who browse, purchase, or contribute content.
Please review these Terms carefully. Your access to and use of the website signify your agreement to be bound by these Terms. If you do not agree, you should refrain from using the website or services.
We may update these Terms periodically by posting changes on this page. It is your responsibility to stay informed of any updates, as continued use of the website constitutes acceptance of the revised terms.
FORCE MAJEURE
We shall not be held liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, governmental actions, war, civil unrest, labour strikes, technical failures, or interruptions in telecommunication services.
In such force majeure circumstances, we reserve the right to suspend or delay our Services without liability or penalty. We will make reasonable efforts to notify you of any such delays or interruptions and will resume Services as soon as feasible under the circumstances.
DISPUTE RESOLUTION
In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Service, your use of the Services, or any other related matter, the parties shall first attempt to resolve the issue amicably through mutual discussion.
If the dispute cannot be resolved amicably within 30 days, it shall be referred to binding arbitration per the Arbitration and Conciliation Act, 1996 (as amended from time to time). The arbitration proceedings shall take place in Ahmedabad, Gujarat, and the language of arbitration shall be English.
The decision of the arbitrator(s) shall be final and binding on all parties, and the costs of arbitration shall be borne as determined by the arbitrator(s).
By using our Services, you agree that the courts situated in Ahmedabad, Gujarat, shall have exclusive jurisdiction for any legal proceedings arising out of or relating to these Terms of Service, subject to the arbitration clause
INTELLECTUAL PROPERTY RIGHTS
All content, materials, and features available on this website or provided through our Services—including but not limited to text, graphics, logos, images, videos, software, trademarks, service marks, and trade names—are the intellectual property of Magic SMS or its licensors and are protected by applicable copyright, trademark, patent, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the content and Services solely for personal, non-commercial purposes, as expressly permitted under these Terms of Service. Any unauthorized use, reproduction, modification, distribution, or public display of our intellectual property is strictly prohibited without prior written consent from Magic SMS.
You agree not to:
- Copy, distribute, or reproduce any content or materials without our express written permission.
- Use any trademarks, logos, or service marks owned by us without authorization.
- Reverse engineer, decompile, or otherwise attempt to extract the source code of any software or tools provided as part of our Services.
Any breach of our intellectual property rights may result in legal action, including but not limited to claims for damages and injunctive relief.
If you believe that your intellectual property rights have been infringed by content on our website, please contact us immediately at support@magicsms.co.inwith all relevant details so we can address the matter promptly.
RESPONSIBILITIES AND COMPLIANCE
The terms “Seller” refer to Magic SMS, while “Buyer” refers to any entity or individual utilizing this platform.
The Buyer agrees to indemnify and hold Magic SMS harmless from any claims, losses, damages, costs, or liabilities arising from the use of the platform, including the sending of messages. This includes compliance with all applicable regulations, including those issued by the Telecom Regulatory Authority of India (TRAI), and adherence to any amendments or rules governing messaging services.
Buyers must not use transactional accounts for promotional or unsolicited messages. The Seller retains the right to terminate services with seven days’ notice, without affecting rights or liabilities accrued before termination. The Buyer further agrees to promptly compensate the Seller for any losses, penalties, or expenses incurred due to non-compliance.
This indemnity remains effective even after the termination of services and does not waive any legal rights or remedies available to Magic SMS.
TERMS OF SERVICE USAGE
By using our services, you confirm that you are of legal age in your region or have obtained consent to allow minors under your care to access this site.
You may not use our services for unlawful purposes or violate local laws, including copyright regulations. You must not transmit harmful software, viruses, or destructive code. Any violation of these terms will result in the immediate termination of your access.
Magic SMS reserves the right to refuse service at any time and for any reason. All SMS and telephony services are subject to TRAI regulations, and users must not transmit any unwarranted or illegal content under Indian law.
You understand that non-financial data may be transmitted unencrypted across networks to meet technical requirements. However, all credit card information will always be encrypted during transfer.
You agree not to reproduce, copy, resell, or exploit any part of the service without prior written permission from Magic SMS. Section headings are provided for convenience and do not affect the interpretation of these terms.
INFORMATION ACCURACY AND UPDATES
Magic SMS does not guarantee that the information provided on this site is accurate, complete, or up-to-date. The content is for general informational purposes only and should not be your sole basis for decision-making without consulting additional, reliable sources. Any reliance on the information provided is at your own risk.
Some content may include historical data, which is not necessarily current and is provided for reference only. We reserve the right to update or modify site content at any time but are not obligated to ensure the accuracy or currency of information. Monitoring changes to the site remains your responsibility.
SERVICE MODIFICATIONS AND PRICING
Prices for our services are subject to change without prior notice.
Magic SMS reserves the right to modify or discontinue any service or feature, in whole or in part, without notice. We will not be held liable for any changes, price adjustments, suspensions, or discontinuation of services to you or any third party.
PRODUCTS AND SERVICES AVAILABILITY
Certain services may only be available online through our website and may be subject to limited availability. Returns or exchanges for such services will follow our established Return policy.
We strive to accurately display service descriptions and features but cannot guarantee the accuracy of visual or technical representations, including color or format discrepancies on your device.
Magic SMS reserves the right to limit the provision of products or services to specific individuals, regions, or jurisdictions at our discretion. We may limit quantities, update descriptions, discontinue services, or withdraw offers at any time without notice.
We make no guarantees that the quality of services or materials will meet your expectations, nor do we ensure the correction of any errors in our service.
BILLING AND ACCOUNT DETAILS
Magic SMS reserves the right to decline or cancel orders at its sole discretion. We may limit or restrict purchases per person, household, or order, including those placed using the same account, payment method, or billing/shipping details. If an order is changed or cancelled, we will attempt to notify you using the contact details provided during purchase. Orders deemed to be from resellers or distributors may also be restricted.
You agree to provide accurate and up-to-date purchase and account details for all transactions. This includes keeping your email address, billing information, and payment details current to ensure seamless processing and communication.
For more information, please review our Return Policy.
THIRD-PARTY TOOLS
We may provide access to tools or functionalities created and managed by third-party providers. These tools are offered “as is” and “as available,” without warranties, guarantees, or endorsements from Magic SMS.
By using these optional tools, you acknowledge that Magic SMS is not liable for any issues or outcomes arising from your use. The use of third-party tools is entirely at your discretion, and you should review and agree to the terms and conditions set by the respective providers before proceeding.
We may introduce new features, tools, or services on our platform in the future. Such additions will also be governed by these Terms of Service.
LINKS TO THIRD-PARTY WEBSITES
Our website may feature links or content from third-party providers. These links are provided for convenience, but Magic SMS neither endorses nor assumes responsibility for the accuracy, content, or functionality of these third-party websites or materials.
We are not liable for any damages, issues, or disputes that arise from your interactions or transactions with third-party websites. Before engaging with any third-party website or service, it is your responsibility to carefully review their policies, terms, and conditions. All claims or concerns related to third-party products or services should be directed to the respective provider.
USER SUBMISSIONS AND FEEDBACK
If you send us suggestions, creative ideas, or other submissions (collectively referred to as “feedback”), whether in response to our request or voluntarily, you agree that Magic SMS has the unrestricted right to use, edit, copy, publish, distribute, or translate your feedback in any medium without compensation or acknowledgment.
We are not obligated to maintain confidentiality for your feedback, compensate you for submissions, or respond to any comments. However, we reserve the right to monitor, edit, or remove any content we consider objectionable, defamatory, offensive, or in violation of these Terms of Service or any applicable law.
By submitting content, you confirm that your comments or feedback do not infringe on the rights of third parties, including intellectual property, privacy, or personal rights. Additionally, your content must not contain harmful, abusive, or unlawful material. You are solely responsible for your submissions, and Magic SMS assumes no liability for any comments or content posted by users.
PRIVACY AND PERSONAL INFORMATION
The collection, use, and handling of your personal information through Magic SMS are governed by our Privacy Policy. We encourage you to review our Privacy Policy for detailed information on how we manage and protect your data.
ERRORS AND INFORMATION UPDATES
Occasionally, information on our site or within the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct such errors, inaccuracies, or omissions, and to update or cancel orders if any information in the Service or on related websites is inaccurate, at any time and without prior notice (including after an order has been submitted).
We are under no obligation to update, amend, or clarify information in the Service or on related websites, except as required by law. Any specified update or refresh date should not be taken to imply that all information has been modified or is up-to-date.
UNAUTHORIZED USES
You are strictly prohibited from using the site or its content for any of the following purposes:
(a) Any unlawful activity or solicitation of unlawful acts;
(b) Violating international, federal, state, provincial, or local laws or regulations;
(c) Infringing upon intellectual property rights;
(d) Harassing, abusing, insulting, defaming, or discriminating against individuals based on personal characteristics;
(e) Submitting false or misleading information;
(f) Uploading or transmitting viruses, malware, or harmful code that could affect the functionality of the Service or related websites;
(g) Collecting personal information of others without authorization;
(h) Spamming, phishing, or scraping data from the site;
(i) For immoral, obscene, or malicious purposes;
(j) Interfering with the security features of the Service or related websites.
We reserve the right to terminate your access to the Service if you engage in any of the prohibited activities listed above.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will be uninterrupted, error-free, secure, or meet your expectations.
The Service, along with all products and services provided, is delivered “as is” and “as available” without any representation, warranties, or conditions of any kind, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, durability, or non-infringement.
Magic SMS and its affiliates, officers, employees, or agents shall not be held liable for any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to loss of profits, data, savings, or replacement costs. This applies regardless of the cause of action, whether based on contract, tort, negligence, or otherwise.
Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such cases, our liability will be limited to the maximum extent permitted by law.
HOLD HARMLESS AGREEMENT
You agree to indemnify, defend, and hold harmless Magic SMS, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, arising from your breach of these Terms of Service, any documents they reference, or your violation of any law or third-party rights.
VALIDITY OF TERMS
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent allowed by applicable law. The unenforceable portion will be deemed severed from these Terms of Service, and this shall not affect the validity and enforceability of the remaining provisions.
CANCELLATION OF SERVICE
All obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service remain effective unless terminated by either you or us. You may terminate them at any time by notifying us that you no longer wish to use our Services or by ceasing all use of our site.
If we determine, at our sole discretion, that you have violated any provision of these Terms of Service, we may terminate this agreement without notice. You will remain responsible for all amounts owed up to and including the termination date. Additionally, we may deny you access to our Services (or any part thereof).
COMPREHENSIVE AGREEMENT
The failure by us to enforce or exercise any provision or right within these Terms of Service does not constitute a waiver of that provision or right.
These Terms of Service, along with any policies or operating rules posted by us on this site or regarding the Service, represent the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals, whether written or oral, between you and us (including previous versions of the Terms of Service).
Any ambiguities in interpreting these Terms of Service shall not be construed against the party that drafted them.
APPLICABLE JURISDICTION AND LAW
These Terms of Service and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the laws of India, with the jurisdiction of New Delhi.
MODIFICATIONS AND UPDATES TO TERMS
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for any changes. Your continued use of or access to our website or Services following the posting of changes constitutes acceptance of those changes.
INQUIRIES AND SUPPORT
This agreement covers the General terms and conditions related to purchasing any products and services from Magic SMS through our website accessed via www.magicsms.co.in/magicsms.in.
As a customer, its important for you to make sure you read and understand all conditions before making any purchase with us, to avoid any possible misunderstanding in the future. if User do not agree to these General Terms and Conditions then you may not use the Magic SMS website. Please read this agreement carefully. All notices under this agreement will be considered as written and have been duly signed once the same is electronically confirmed.
The user should provide the current and true information as per requirement of the registration form without fail. If in any information provided by the user stands untrue or incomplete, Magic SMS holds the right to deny, suspend or terminate the services at any instance without giving any prior notice. We’ve rights to forfeit the all/partial credits and terminate your a/c at anytime if we found you using it for illegal campaigns or in breach of DND agreement or any terms and conditions listed in this page.You are responsible for the privacy and storage of the user-name and password. You agree that all activities made through your account are legally bonded to you
User cannot use the service to harm/abuse anyone or any firm. User cannot use any bad words in the text that harms a person directly or indirectly. The User understands and makes a transaction only after accepting all of our terms and conditions mentioned below. Any illegal use of the SMS service is strictly prohibited. Magic SMS does not assume any liability for the content of messages sent. Magic SMS will be exempt from any claim that may arise from third parties as a result of message content.
Magic SMS makes no representations, warranties, or guaranties as to the quality, suitability, truth, accuracy or completeness of any of the Content transmitted via the Services. Any disputes arising under this agreement will be subject to Jurisdiction at Ahmedabad (India). Magic SMS neither claims nor guarantees the availability or performance of this service and accepts no liability for transmission delays or message failures. While Magic SMS makes every effort to deliver messages promptly.
Pricing is bound to change every single month. This may not have any effect on your already bought credits, however, when TRAI or other gov. regulations hikes/decreases the base price, we have rights to increase/decrease your SMS credits without any prior notice.
The billing system is agreed to be prepaid
We track your IP & geo location of your logins every single time and are saved in our database for security. Any illegal use, if found, we might first terminate your a/c and might take Legal action on you if the case is in severe breach of ours & Gov’s terms and conditions.
Magic SMS doesn’t refund the credits for undeliverable SMS messages to you because we cannot guarantee delivery of the SMS messages to recipients due to possible errors. Magic SMS debits transmitted SMS messages 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 Magic SMS has produced evidence of a technical problem or error.
We do not have any refund policy, funds transferred to us will never be refunded. So kindly test our services well before making any future transactions. The SMS account balance is non-refundable and does not bear interest. All the SMS must be used in the validity period from the date of the purchase and no carry forward of the credits will be made unless otherwise defined in a separate contract.
Our Terms & Conditions may change often, so kindly check out the page once in a while before making any commitment.
