TERMS AND CONDITIONS

1. Introduction

Welcome to DESIGN 1123 (“Company,” “we,” “our,” or “us”). These Terms and Conditions govern your access to and use of our website, applications, communication platforms, WhatsApp Business messaging services, Rich Communication Services (RCS), customer engagement tools, and any related services offered by DESIGN 1123.

By accessing, browsing, registering for, or using any of our services, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms and Conditions.

These Terms constitute a legally binding agreement between DESIGN 1123 and any individual, business entity, customer, visitor, subscriber, or user accessing our services.

If you do not agree with any part of these Terms, you must discontinue use of our services immediately.


2. Definitions

For the purpose of these Terms:

  • “Company” refers to DESIGN 1123.
  • “Services” means all products, solutions, communication services, customer support systems, WhatsApp Business API services, RCS messaging services, websites, portals, and related offerings.
  • “User” means any individual or organization accessing or using our services.
  • “Account” means a registered profile created to access specific services.
  • “WhatsApp Services” means communication services provided through Meta’s WhatsApp Business Platform.
  • “RCS Services” means Rich Communication Services delivered through supported mobile carriers and technology providers.
  • “Content” means text, images, files, messages, documents, graphics, and other materials.
  • “Third Party Providers” means Meta Platforms, Google, telecom operators, cloud service providers, and technology partners.

3. Acceptance of Terms

By using our services, you represent and warrant that:

  • You are legally capable of entering into binding agreements.
  • You are authorized to act on behalf of your organization where applicable.
  • You will comply with all applicable laws and regulations.
  • You accept these Terms in full.

Continued use of the services constitutes ongoing acceptance of these Terms.


4. Description of Services

DESIGN 1123 may provide various business communication and digital engagement services, including but not limited to:

  • Customer communication solutions
  • WhatsApp Business communications
  • RCS messaging solutions
  • Marketing communication tools
  • Customer support services
  • Digital messaging infrastructure
  • Business notification systems
  • Website-based communication services

The exact nature and scope of services may change from time to time without prior notice.

We reserve the right to modify, suspend, discontinue, or enhance any service at our sole discretion.


5. Eligibility

To use our services, you must:

  • Be at least 18 years of age.
  • Have legal authority to enter into contracts.
  • Provide accurate information during registration.
  • Not be prohibited under applicable laws from receiving services.

Organizations registering accounts must ensure that authorized representatives have proper authority to bind the organization.


6. Account Registration

Certain services may require account creation.

Users agree to:

  • Provide complete and accurate information.
  • Maintain current account information.
  • Protect login credentials.
  • Restrict unauthorized access.
  • Notify DESIGN 1123 immediately regarding unauthorized account usage.

Users remain responsible for all activities occurring through their accounts.

DESIGN 1123 reserves the right to suspend or terminate accounts containing inaccurate, misleading, or fraudulent information.


7. User Responsibilities

Users agree that they shall:

  • Use services lawfully.
  • Maintain required permissions and consents.
  • Comply with telecommunications regulations.
  • Follow Meta and Google messaging policies.
  • Respect intellectual property rights.
  • Avoid harmful, abusive, fraudulent, or deceptive conduct.

Users shall not:

  • Send spam messages.
  • Send unsolicited marketing communications.
  • Transmit malware or harmful code.
  • Misrepresent identity.
  • Violate privacy rights.
  • Engage in unlawful activities.

Any violation may result in immediate suspension or termination.


8. Payment and Billing Terms

Certain services may require payment.

Users agree to:

  • Pay applicable fees.
  • Maintain valid payment methods.
  • Pay taxes and government charges where applicable.

All fees are:

  • Subject to applicable taxes.
  • Non-refundable unless otherwise required by law.
  • Payable according to specified billing cycles.

Failure to pay may result in service interruption or account suspension.


9. Subscription Renewal and Termination

Subscriptions may renew automatically unless canceled before renewal.

DESIGN 1123 reserves the right to:

  • Suspend services.
  • Restrict account access.
  • Terminate subscriptions.

Users may terminate services according to cancellation procedures provided.

Termination does not relieve outstanding payment obligations.


10. Use of WhatsApp Official API and RCS

Users utilizing WhatsApp Business API or RCS services acknowledge and agree that:

  • Messaging services operate through third-party platforms.
  • Meta governs WhatsApp Business usage.
  • Google and telecom operators govern RCS services.
  • Template approvals may be required.
  • Message delivery cannot be guaranteed.

Users shall comply with:

  • Meta Business Messaging Policies
  • WhatsApp Commerce Policies
  • Google RCS Policies
  • Applicable telecom regulations
  • Anti-spam regulations

Users are solely responsible for obtaining valid recipient consent.


11. Message Delivery and Compliance Policy

DESIGN 1123 does not guarantee:

  • Message delivery
  • Delivery timing
  • Recipient availability
  • Carrier acceptance

Factors affecting delivery include:

  • Network conditions
  • Device compatibility
  • Platform restrictions
  • Carrier filtering
  • Regulatory requirements

Users must maintain records of recipient consent where legally required.

Messages violating policies may be blocked without notice.


12. Intellectual Property Rights

All intellectual property rights relating to services, software, trademarks, branding, content, documentation, and systems remain the exclusive property of DESIGN 1123 or its licensors.

Users receive a limited, non-exclusive, revocable license to access services.

Users may not:

  • Copy systems
  • Reverse engineer software
  • Modify services
  • Reproduce proprietary content
  • Create derivative works

Unauthorized use is strictly prohibited.


13. Confidentiality

Both parties agree to maintain confidentiality regarding:

  • Business information
  • Technical information
  • Customer information
  • Proprietary materials
  • Commercial information

Confidential information shall not be disclosed without authorization except where required by law.

Confidentiality obligations survive termination of services.


14. Disclaimer of Warranties

Services are provided on an “AS IS” and “AS AVAILABLE” basis.

DESIGN 1123 disclaims all warranties including:

  • Merchantability
  • Fitness for particular purpose
  • Non-infringement
  • Accuracy
  • Reliability
  • Continuous availability

We do not guarantee uninterrupted or error-free services.


15. Limitation of Liability

To the fullest extent permitted under Indian law:

DESIGN 1123 shall not be liable for:

  • Indirect damages
  • Consequential damages
  • Business interruption
  • Data loss
  • Revenue loss
  • Profit loss
  • Reputation damage

Our total liability shall not exceed the amount paid by the user for services during the preceding twelve months.


16. Indemnification

Users agree to indemnify and hold harmless DESIGN 1123, its owners, employees, affiliates, contractors, and partners from claims arising from:

  • Violation of these Terms
  • Misuse of services
  • Regulatory violations
  • Third-party disputes
  • Intellectual property infringement

This obligation survives termination.


17. Governing Law

These Terms shall be governed by and interpreted under the laws of India.

Any disputes shall be subject to the exclusive jurisdiction of courts located in Maharashtra, India.

Parties shall attempt good-faith negotiation before initiating legal proceedings.


18. Changes to Terms

DESIGN 1123 reserves the right to modify these Terms at any time.

Updated versions become effective upon publication.

Continued use of services after updates constitutes acceptance of revised Terms.

Users are encouraged to review Terms periodically.


19. Contact Information

For questions regarding these Terms, please contact:

DESIGN 1123

Address:
At Pokharny, Post Limbgaon,
Pokharny, Nanded,
Maharashtra – 431602, India

Phone:
+91 9420246320

Email:
Vknandedkar748@gmail.com

By continuing to use our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.