Terms of Service

These Terms of Service (“Terms”) are an agreement between you and MessaQ (“MessaQ”, “we”, “us” or “our”). They govern your access to and use of the MessaQ website, applications and messaging services (together, the “Service”).

Please read them carefully. They include important information about your rights, your obligations and the limits of our liability.

1. Acceptance of Terms

By creating an account, accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you are using MessaQ on behalf of a company or other organisation, you confirm that you have authority to bind that organisation, and “you” refers to that organisation. If you do not agree to these Terms, you may not use the Service.

2. Description of the Service

MessaQ is a business messaging platform that lets teams receive, organise and reply to customer conversations from a shared inbox, with optional automation, contact records and reporting.

We may add, change or remove features at any time to improve the Service. Where a change materially reduces the core functionality of a paid plan, we will give reasonable advance notice.

3. Eligibility

To use MessaQ you must be at least 16 years old (or the age of digital consent in your country, if higher) and legally capable of entering into a binding contract. The Service is intended for business use and is not offered to anyone previously suspended or removed from the Service.

4. Your Account

• You must provide accurate, current and complete information when registering and keep it up to date.
• You are responsible for keeping your password confidential and for all activity that occurs under your account.
• You must notify us promptly at support@messaq.com of any unauthorised use of your account or any other breach of security.
• You may not share your login credentials or let anyone else use your account. Additional teammates should be invited as separate users.
• Workspace administrators may add, remove and manage users, and may access data within the workspace.

5. Acceptable Use

You agree not to use the Service to:

• Break any law or regulation, or infringe anyone’s rights, including privacy and intellectual property rights.
• Send unsolicited bulk messages, spam, chain messages or unauthorised marketing.
• Transmit content that is unlawful, fraudulent, harassing, hateful, threatening, defamatory or obscene, or that promotes violence or discrimination.
• Distribute malware, viruses or any code designed to disrupt, damage or gain unauthorised access to systems or data.
• Impersonate any person or organisation, or misrepresent your affiliation with anyone.
• Attempt to gain unauthorised access to the Service, other accounts, or our networks and infrastructure.
• Interfere with or place unreasonable load on the Service, including through scraping, automated abuse or denial-of-service activity.
• Reverse engineer, decompile or attempt to extract the source code of the Service, except to the extent this restriction is prohibited by law.
• Resell, sublicense or make the Service available to third parties except as expressly permitted by your plan.

We may investigate suspected violations and take any action we consider appropriate, including removing content and suspending accounts.

6. Your Content

You retain all ownership rights in the messages, files, contact records and other content you submit to the Service (“Your Content”). We do not claim ownership of Your Content.

You grant MessaQ a limited, worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display and process Your Content solely for the purpose of operating, securing and improving the Service and providing it to you. This licence ends when Your Content is deleted from our systems, except for copies retained in routine backups for a limited period.

You are responsible for Your Content and confirm that you have all necessary rights and consents to submit it and to send messages to the recipients you contact through MessaQ.

7. Messaging and Anti-Spam Rules

Messaging is a privilege that depends on recipient trust. When using MessaQ you agree that:

• You will only message people who have consented to hear from you or with whom you have an existing business relationship permitted by law.
• You will clearly identify your business in your communications.
• You will honour opt-out and unsubscribe requests promptly and stop messaging anyone who asks you to stop.
• You will comply with all applicable messaging, telemarketing, consumer-protection and data-protection laws, and with the policies of any messaging platform you connect.

8. Plans, Billing and Refunds

• Plans. MessaQ offers free and paid plans. The features and limits of each plan are described at the time of purchase.
• Fees. Paid plans are billed in advance on a recurring basis (monthly or annually) using the payment method on file. Fees are stated exclusive of taxes unless indicated otherwise; you are responsible for applicable taxes.
• Renewal. Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date.
• Cancellation. You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• Refunds. Except where required by law, fees already paid are non-refundable, including for partial billing periods and unused capacity.
• Price changes. We may change our prices with at least thirty (30) days’ notice before the change applies to your next renewal.
• Failed payments. If a payment fails, we may retry it and may suspend or downgrade your account if the amount remains unpaid.

9. Third-Party Services

The Service may integrate with third-party platforms, applications and networks. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services, their availability, or any loss arising from your use of them. Disabling or removing an integration may affect the functionality of MessaQ.

10. Intellectual Property

The Service, including its software, design, text, graphics, logos and the MessaQ name and marks, is owned by MessaQ or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes.

You may not copy, modify, distribute, sell or lease any part of the Service, or use our branding, without our prior written permission. Any feedback you send us may be used freely and without obligation to you.

11. Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. By using the Service you consent to the collection and use of information as set out in that policy.

12. Availability and Support

We work to keep MessaQ available and reliable, but the Service is provided on an “as available” basis. Access may be interrupted by maintenance, updates, third-party outages or events outside our control. Where practical, we will give advance notice of planned maintenance.

Support is available by email at support@messaq.com during our published support hours. Response targets differ by plan.

13. Suspension and Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if your use creates risk or legal exposure for us or others, if payment is overdue, or if we are required to do so by law.

On termination, your right to use the Service ends immediately. We will make Your Content available for export for a reasonable period where practical, after which it may be permanently deleted. Sections that by their nature should survive termination — including content licences already granted, intellectual property, disclaimers, liability limits and indemnities — will continue to apply.

14. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the Service will be uninterrupted, timely, secure or error-free, that every message will be delivered, or that any defect will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

15. Limitation of Liability

To the maximum extent permitted by law, MessaQ and its directors, employees and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or relating to your use of or inability to use the Service.

Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid us for the Service in the twelve (12) months before the event giving rise to the claim, or (b) one hundred US dollars (US$100).

Nothing in these Terms excludes liability that cannot be excluded under applicable law.

16. Indemnification

You agree to defend, indemnify and hold harmless MessaQ and its officers, directors, employees and agents from any claims, damages, liabilities, losses and expenses (including reasonable legal fees) arising out of or connected with your use of the Service, Your Content, your breach of these Terms, or your violation of any law or third-party right.

17. Governing Law and Disputes

These Terms are governed by the laws applicable in the jurisdiction in which MessaQ is established, without regard to conflict-of-law principles. You and MessaQ agree to submit to the exclusive jurisdiction of the courts of that jurisdiction, except where mandatory local law gives you the right to bring proceedings in your own country.

Before starting formal proceedings, we ask that you contact us so we can try to resolve the dispute informally.

18. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, notify you by email or within the Service before the changes take effect. Continuing to use MessaQ after that date means you accept the revised Terms. If you do not agree, you should stop using the Service and close your account.

If any provision of these Terms is found unenforceable, the remaining provisions stay in full effect. Our failure to enforce a right is not a waiver of that right.

19. Contact Us

Questions about these Terms? We are happy to help:

• General and billing enquiries: support@messaq.com
• Privacy and data requests: privacy@messaq.com