Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and MessyChat ("Company", "we", "us", or "our") governing your access to and use of the MessyChat platform, website, APIs, and related services (collectively, the "Service").

By creating an account, clicking "Get started", or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service.

2. Service Description

MessyChat is a Software-as-a-Service (SaaS) platform that enables small businesses to manage customer conversations from WhatsApp and Instagram in a single unified dashboard. Core features include:

• A unified inbox for WhatsApp and Instagram Direct Messages
• AI-powered message classification (Booking, Inquiry, Complaint)
• AI-suggested and automated reply capabilities
• Booking management and customer analytics
• Integration with the WhatsApp Business Platform Cloud API and Instagram Messaging API

MessyChat is a third-party service built on top of Meta's messaging platforms. We are not affiliated with, endorsed by, or sponsored by Meta Platforms, Inc. WhatsApp and Instagram are trademarks of Meta Platforms, Inc.

3. Eligibility

To use MessyChat, you must:

• Be at least 18 years of age.
• Be using the Service for legitimate business purposes, not personal use.
• Have the legal authority to enter into this agreement on behalf of your business (if applicable).
• Not be located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country.
• Not be on any U.S. government prohibited or restricted parties list.

4. Account Registration

You must register for an account to use MessyChat. You agree to provide accurate, current, and complete information during registration and to keep this information up to date.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at support@messychat.com if you suspect any unauthorised access to your account.

We reserve the right to refuse registration or cancel accounts at our discretion, particularly where we believe information provided is inaccurate or where use violates these Terms.

5. Acceptable Use

You agree to use MessyChat only for lawful purposes and in accordance with these Terms. You are responsible for all content you send through the Service and for ensuring that your use complies with:

• All applicable local, national, and international laws and regulations.
• Meta's WhatsApp Business Policy and Commerce Policy.
• Meta's Platform Terms.
• All privacy laws applicable to your customers' data (e.g., GDPR, CCPA, PDPA).

6. Prohibited Uses

You must not use MessyChat to:

• Send spam, unsolicited messages, or bulk promotional content without recipient opt-in.
• Harass, threaten, defame, or intimidate any person.
• Transmit content that is illegal, fraudulent, obscene, hateful, or discriminatory.
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity.
• Engage in multi-level marketing, pyramid schemes, or deceptive practices.
• Promote, facilitate, or engage in illegal gambling, controlled substances, counterfeit goods, human trafficking, or terrorist activities.
• Violate any third party's intellectual property, privacy, or publicity rights.
• Reverse engineer, decompile, or attempt to extract the source code of MessyChat.
• Use automated tools (scrapers, bots) to access the platform in ways not permitted by these Terms.
• Circumvent usage limits, fees, or technical protection measures.
• Resell, sublicense, or white-label the Service without our written consent.
• Use the Service to build a competing product or service.
• Interfere with or disrupt the integrity or performance of the Service or third-party services connected to it.

7. WhatsApp & Meta Platform Policies

Use of MessyChat's WhatsApp and Instagram features is additionally governed by Meta's policies. By connecting your WhatsApp Business Account or Instagram account, you agree to Meta's terms and you acknowledge that:

WhatsApp Business Policy Compliance

• You must comply with WhatsApp's Business Policy, including permitted and prohibited business categories.
• You must obtain explicit opt-in consent from customers before sending them WhatsApp messages.
• Only approved Message Templates may be used to initiate conversations outside the 24-hour customer service window.
• WhatsApp may impose daily messaging limits on your account, which MessyChat has no control over.
• WhatsApp numbers registered through MessyChat may not simultaneously be used on WhatsApp Business App or the standard WhatsApp consumer app.

Meta App Review & Verification

• Connecting your WhatsApp Business Account requires Facebook Business Verification, which is subject to Meta's sole discretion.
• MessyChat assists with the integration setup but cannot guarantee approval by Meta.
• If Meta suspends or restricts your WhatsApp Business Account for policy violations, MessyChat is not liable for the resulting disruption to your service.

Third-Party Platform Fees

MessyChat subscription fees do not include any charges levied by Meta for WhatsApp Business API usage (e.g., per-conversation charges). Such fees are your sole responsibility and are governed by Meta's pricing directly.

Platform Changes

Meta may modify, restrict, or discontinue WhatsApp Business API or Instagram API features at any time. MessyChat will use reasonable efforts to adapt to such changes but is not liable for disruptions caused by Meta's platform decisions.

8. Subscription & Payments

Free Trial

Where we offer a free trial, it is for the stated period only, is non-renewable, and does not automatically convert to a paid plan. Features may be limited during trial.

Paid Subscriptions

Paid subscriptions are billed in advance on a monthly or annual cycle, depending on the plan selected. All fees are quoted in USD and are exclusive of applicable taxes, which you are responsible for paying.

Automatic Renewal

Your subscription will automatically renew at the end of each billing period using your payment method on file, unless you cancel before the renewal date via your account settings.

Refund Policy

Subscription fees are non-refundable except where required by law. If you believe you have been charged in error, contact us within 30 days of the charge at billing@messychat.com.

Suspension for Non-Payment

We may suspend your access to the Service if payment is not received within 14 days of the due date. Suspension does not release you from your payment obligations.

Price Changes

We may change subscription pricing at any time. We will give you at least 30 days' notice of any price increase, which will take effect at the start of your next billing period.

9. Intellectual Property

The Service, including its software, design, features, trademarks, and content, is owned by MessyChat and protected by applicable intellectual property laws. These Terms do not transfer any ownership rights to you.

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your internal business purposes during your subscription period, subject to these Terms.

You retain ownership of all content and data you input into MessyChat. By submitting content, you grant us a limited, non-exclusive, royalty-free license to process that content solely to provide the Service to you.

10. User Content & Data Responsibility

You are solely responsible for all content you transmit through MessyChat, including messages sent to your customers. You warrant that:

• You own or have all necessary rights and permissions to use and transmit such content.
• Your content does not violate any third-party rights, applicable laws, or Meta's policies.
• You have obtained all legally required consents from your customers to process their personal data through MessyChat.

We do not pre-screen or moderate your content. However, we reserve the right to remove content or suspend accounts without prior notice if we believe there is a violation of these Terms, a legal obligation requires it, or the content poses a risk to the Service or other users.

11. Disclaimers

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, MessyChat expressly disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Service will be uninterrupted, error-free, or secure at all times.
• AI-generated suggestions or classifications will be accurate or appropriate for your specific situation.
• Messages sent via WhatsApp or Instagram will be delivered successfully (delivery is governed by Meta's platforms).
• The Service will meet all of your business requirements.

AI-generated content is provided for informational purposes only and should not be used as the sole basis for business-critical decisions. You are responsible for reviewing any AI output before acting on it.

12. Limitation of Liability

To the maximum extent permitted by applicable law, MessyChat and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for any claims arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the total fees paid by you to MessyChat in the 12 months preceding the claim, or (b) USD $100.

These limitations apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless MessyChat and its officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Service in violation of these Terms.
• Content you submit, transmit, or make available through the Service.
• Your violation of any applicable law, regulation, or third-party right (including Meta's policies).
• Any dispute between you and your customers arising from your use of MessyChat.

14. Termination

Termination by You

You may cancel your subscription and delete your account at any time through your account settings or by contacting us at support@messychat.com. Cancellation takes effect at the end of your current paid billing period. No refunds are issued for unused portions of a billing period.

Termination by Us

We may suspend or terminate your access to the Service at our sole discretion, immediately and without notice, if:

• You breach any provision of these Terms.
• Your use poses a legal, security, or reputational risk to MessyChat or other users.
• We are required to do so by law or by a competent authority.
• Meta or another third-party platform suspends access to their APIs affecting your account.

We may also terminate the Service entirely upon 30 days' written notice to all users.

Effect of Termination

Upon termination, your right to access the Service immediately ceases. Your data will be retained for 30 days after termination to allow export, after which it will be permanently deleted (except where retention is required by law).

15. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with applicable laws. Any disputes arising out of or in connection with these Terms shall first be attempted to be resolved amicably through good-faith negotiation between the parties.

If a dispute cannot be resolved informally within 30 days, you agree to submit to binding arbitration or the exclusive jurisdiction of the courts in the location where MessyChat is registered, depending on the applicable law in your jurisdiction.

Nothing in this clause prevents either party from seeking emergency injunctive relief from a court of competent jurisdiction.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email and/or by a prominent notice in the dashboard at least 14 days before the new terms take effect.

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the new Terms, you must stop using the Service before the effective date.

17. Contact Us

If you have any questions about these Terms, please contact us: