The rules and terms under which a User may use MesseDo's services, website, messaging portal and platform.
Greetings at https://messedo.co.
These Terms of Service explain the rules and terms under which a User may use Messedo's services, additional services, website, messaging portal and/or the platform (the "Services").
The Services are to allow registered or authorized users to communicate with contacts via text messages, text services, via connecting for automated communication with text messages, via creating marketing mobile campaigns, via creating text message notifications.
This Terms of Service Agreement (hereinafter the "Terms") is the agreement between User and Messedo and sets the conditions and rules under which the Services are provided. The Terms apply to all authorized, registered users, and others who access the Service (the "User(s)"). By using the Services, User accepts and agrees to these Terms of Service and to Messedo's Privacy Policy.
If User does not accept these Terms and the Privacy Policy, do not use the Services. User agrees that Messedo may modify or revise these Terms at our own discretion. User complies with the modifications applied to the Terms.
Please read the Terms carefully. The Services will be provided only to the Users who accepted the Terms.
Portal — web-based application under the brand Messedo which allows a visitor to register or allows a registered user via authorized access to use the Services.
Authorized Access — User may access the Services or any other functionality provided through the Portal if User has been provided with the identification and password by Messedo for this respective User.
Registered User — User details upon registration process may consist of login, e-mail, mobile phone number.
Business text messaging — text messaging of the A2P (Application to Person) type: composing and sending SMS with branded, alphabetic, short-coded or long-number sender IDs (depending on countries where applicable) to persons who are deemed to have given their consent to receive them.
Billing period — a period, usually a calendar month or whatever quantity of calendar days, hours or indicated parameters of time set, for which the calculation of relevant services is billed according to the pricing policy.
Sender ID — the displayed text or header of an SMS by which the recipient identifies who sent the message. In A2P business messaging it can look like text with no more than 11 characters (e.g. "Messedo_inf"), a short code (e.g. "12321") or a long telephone number.
Multi-account User — two or more personal accounts registered by one User and aggregated into one counterparty account to execute unified billing.
User agrees that the Terms will be governed by and construed in accordance with the Laws, without regard to conflicts of law principles. Any and all litigation concerning the Terms, pursued by either Messedo or User, shall be brought only in the courts of Ukraine.
USER AND MESSEDO FOREVER RELINQUISH THEIR RESPECTIVE RIGHTS / ENTITLEMENT TO TRIAL BY JURY IN ANY AND ALL LITIGATION PERTAINING TO THESE TERMS.
Each of the User or Messedo shall now and forever bear its own costs and attorneys' fees both in connection with the execution of the Terms and any and all enforcement thereof.
User understands and accepts that the Services provide the ability to build communication systems, tools and campaigns that may relay third-party information or interface with third-party services ("Third-Party Information and Services"). User is solely responsible for its use of any such Third-Party Information and Services and any such information that User intentionally or unintentionally communicates to others. User agrees to obtain all rights from owners of Third-Party Information and Services necessary to use them.
User agrees that Messedo may access and preserve User's account information, including records of usage of the Service and records of content submitted or accessed by User, in order to comply with operational process, legal process, with protecting rights, property and safety of Messedo and its Users, with applicable laws and regulations, and with enforcing the Terms.
Messedo reserves the right to revise and modify the Terms at any time without prior notification. When changes are material, an update will be sent to the User's e-mail indicated upon registration. The "Updated" and "Effective" dates are indicated at the footer of this page. Such modifications are effective and binding upon User immediately upon User's use of the Services following the Effective date of the revised version.
User agrees and consents that its activities are done in accordance with applicable law, including, without limitation, obtaining consent from each Subscriber for receiving text messages prior to sending.
User agrees not to use Sender ID(s) which contradict the respective General Guidance (found in the registered User's account) or the requirements of any telecom operator.
User agrees not to undertake any of the following prohibited activities:
Messedo uses up-to-date and reasonable security, while no system can perfectly guard against risks of intentional intrusion. When using the Services, information will be transmitted over a medium that is beyond Messedo's control. User hereby assumes and accepts the sole risk of any unauthorized disclosure, intrusion, failure, interruption or other information sent or transmitted in connection with usage of the Services.
In order to register as a User of the Services, an e-mail address and mobile telephone number must be provided to serve as a User's identification. Additionally (but not obligatorily) a name of the User or of the company they represent may be provided.
User will be required to create a password upon registration. It is extremely vital that User keeps the password completely confidential — anyone with access to the User's identification and password will be able to view confidential information and communicate with the User's Contacts as if that person were the User. Anyone with access to the User's e-mail account and mobile telephone number could reset the User's password.
It is User's responsibility to prevent disclosure of the password and unauthorized access to their e-mail. User should notify Messedo immediately if the User feels that security has been compromised. Messedo will not be liable for any losses caused by any unauthorized use of the User's account.
User may discontinue use of the Services at any time by deleting any and all campaign data and contact data created on the Portal, and/or by contacting Messedo at support@messedo.co with a request to delete the User's account and details.
Messedo has and reserves the right, for any reason, at its sole discretion and without noticing the Users, to add, change, suspend or discontinue any aspect of the Services, and Messedo will not be liable to a User or to any third party for doing so.
Periodical scheduled system downtime for maintenance and other purposes may be implemented; unplanned system outages may also occur. Messedo shall have no liability whatsoever for:
Messedo reserves the right, at its sole discretion, to suspend or discontinue User's access to and use of the Services if User has violated the Terms.
Messedo, being an EU-based company, is under a legal obligation to run its business operations in accordance with the EU's General Data Protection Regulation ("GDPR"), which entered into force on May 25, 2018. GDPR terms apply to Users who:
Please contact dataprotection@messedo.co for any inquiries upon GDPR policy.
All Third-Party Information and Services are the properties of the respective third parties. User agrees to obtain all rights from their owners necessary for User to use such data.
The Service and all materials therein or transferred thereby — including software, texts, images, graphics, illustrations, logos, trademarks, service marks, patents, copyrights, photographs, audio, videos, music, and User Provided Information belonging to other Users (the "Messedo Content") — and all related intellectual property rights are the exclusive property of Messedo and its licensors.
Except as explicitly provided herein, nothing in these Terms creates a license or ownership right in such intellectual property, and User agrees not to sell, license, rent, modify, distribute, reproduce, copy, transmit, publicly display, publish, adapt, edit or create derivative works from any Messedo Content. No pages or portions of pages within the Services may be reprinted, republished, modified, or distributed in any form without the express written permission of Messedo.
User shall not reproduce, decompile, disassemble, modify or create derivative works with respect to any Messedo Content or other aspect of the Services, nor remove any copyright, trademark or other proprietary notice contained on the Services. Any rights not expressly granted by these Terms are reserved by Messedo.
The Service may contain Third-Party Information and Services and involve integrations with or links to them, as well as information and services created by Users for Contacts. Messedo does not control any such information and services and is not responsible for their content or performance. Any use of Third-Party Information and Services is strictly at User's own risk. User is solely responsible for viewing and abiding by the terms of use and privacy statements of the other services.
MESSEDO DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY PRODUCTS OR SERVICES PROMOTED, OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SERVICES.
All Services charges and other fees shall be prepaid as the prevailing manner of billing with the default currency EURO (€) unless other terms are agreed and noted. Bank charges and money transfer costs for topping up or paying invoices must be paid by the User; commissions applied by online-payment systems used for topping up in the personal account are usually at the cost of Messedo.
Services shall be provided to any User whose balance is positive. SMS services are provided on a price-per-SMS-sent basis: each SMS sent from the User's account (via the Portal, SMPP v3.4 connection or API) reduces the User's balance respectively. SMS message size can be limited in length due to alphabet or coding; information on how many parts an SMS has been split into is reflected in the User's account, and each part is billed as one SMS sent.
HLR Lookup services are provided on a price-per-request basis; each request reduces the User's balance respectively.
Monthly fees can be applied to relevant Sender IDs based on telecom operator policies, taking effect upon Sender ID registration; they are billed monthly in a prepaid manner. Monthly fees can be terminated by preliminary notification by the User or Messedo, in which case billing terminates in the next billing period. A subscription model may also be applied in the prepaid manner to relevant services as indicated on the Portal, with the same termination rules.
User accepts that, due to market changes, prices may change from time to time. Messedo has the right to modify its rates, prices and fees at its sole discretion. Decreased and increased rates take effect immediately upon e-mail notice sent from rates@messedo.co to the e-mail indicated upon registration. Price-change notification e-mails and account updates do not require any form of confirmation to take effect.
Messedo has the right to add new services for additional fees, or amend fees for existing services, at any time in its sole discretion. Changes to monthly-fee-based services apply only on a prospective basis. If User does not agree to such changes, User has to cancel its subscription or account usage.
User may cancel the account at Messedo Portal at any time; however, there are no refunds for cancellation. In the event that Messedo suspends or terminates the User's account or these Terms, User agrees that they shall receive no refund or exchange for any unused balance, subscription time or fees, any content or data associated with the account, or anything else.
Notwithstanding the foregoing, funds added to the User's account via credit/debit card in error may be refunded to the original card, at Messedo's sole discretion, by submitting a written request to support@messedo.co together with the original invoice and a full explanation of the error within forty-five (45) days of the original payment. Funds added in error via other methods are not refundable.
Funds added via invoice according to a written contract signed by User and Messedo may be refunded by submitting a written request to both finance@messedo.co and support@messedo.co with an explanation of the reasons. Bank charges and money transfer costs for refunding must be paid by the User.
User shall pay any applicable taxes, if any, relating to any billing, purchases, transactions or other monetary transaction interactions.
All information that User provides in connection with a purchase or transaction has to be accurate, complete, and timely. User agrees to pay all charges incurred by User's credit card, debit card, or other payment method (including invoice) at the prices effective when such charges are incurred.
All payments through the Services are processed using a third-party payment processor. User acknowledges that Messedo is not liable for any breaches of credit or debit card security or privacy. Please contact finance@messedo.co if there are inquiries or assistance needed.
All disputes regarding any fees paid to Messedo must be e-mailed to finance@messedo.co within 45 (forty-five) days of the original payment together with an original invoice and a full explanation of the dispute.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT USER'S OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM MESSEDO OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. MESSEDO, ITS PARENT, SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET USER'S REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT USER'S OWN RISK.
MESSEDO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MESSEDO SERVICE, AND MESSEDO WILL NOT BE A PARTY TO OR MONITOR ANY TRANSACTION BETWEEN USER AND THIRD-PARTY PROVIDERS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MESSEDO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL MESSEDO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR USER'S ACCOUNT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MESSEDO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MESSEDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
User consents and agrees to indemnify, defend and hold harmless Messedo and its subsidiaries, affiliates, officers, directors, agents, managers, employees, contractors, partners and licensors from and against any and all claims, actions and demands (including all attorneys' fees, costs, debts, expenses, liabilities, damages and judgments) made by any third party related to or arising out of:
The Privacy Policy is available on Messedo's website and is incorporated into the Terms.
The Terms may not be assigned or transferred by User without the prior written consent of Messedo, except that User may assign the Terms without consent to: any affiliated entity; a successor in interest whether by merger, reorganization or otherwise; or a purchaser of all or certain assets.
These Terms (including the Privacy Policy) constitute the entire agreement between User and Messedo and govern the use by User of the Services. The Terms take effect with the consent given by a User upon the registration process. The date of registration and creation of the account is the date of the Agreement between User and Messedo.
Messedo's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Messedo may provide notifications, whether required by law or for marketing or other business-related purposes, to User via e-mail or through posting of such notice on our website, as determined by Messedo in its sole discretion. Messedo reserves the right to define the form and means of providing notifications to its Users.
If User has any questions concerning these Terms or for any other reason, User is welcome to contact us at welcome@messedo.co.
