Terms of Service

Introduction

Welcome to Messagely. These Terms of Service ("Terms") govern your use of our WhatsApp bulk messaging platform and related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

If you have any questions, reach out at info@messagely.app.

Acceptance of Terms

By creating an account, accessing, or using Messagely, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

Description of Service

Messagely provides WhatsApp bulk messaging tools including:

• Bulk WhatsApp messaging capabilities
• Contact list management and import features
• Message templates and personalization
• Campaign management and tracking
• Multi-user organization support
• Message history and analytics

User Accounts and Registration

Account Creation

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the confidentiality of your account credentials
• You must be at least 18 years old to use our Service
• One person or entity may not maintain multiple accounts without authorization

Account Security

• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• We reserve the right to suspend or terminate accounts that violate these Terms

Acceptable Use Policy

Permitted Uses

• Use the Service for legitimate business communication
• Import and manage your own contacts
• Send messages in compliance with applicable laws and regulations
• Use automation features responsibly and ethically

Prohibited Uses

You may not use our Service to:

• Send spam, unsolicited messages, or engage in harassment
• Violate any applicable laws, regulations, or third-party rights
• Distribute malware, viruses, or other harmful content
• Attempt to gain unauthorized access to our systems
• Use the Service for illegal activities or fraud
• Violate WhatsApp's Terms of Service or policies
• Send messages without proper consent from recipients

WhatsApp Integration

Third-Party Service

• Our Service integrates with WhatsApp, which is owned and operated by Meta
• Your use of WhatsApp through our Service is subject to WhatsApp's Terms of Service
• We are not responsible for WhatsApp's availability, functionality, or policies
• You must comply with WhatsApp's Business Policy and messaging guidelines

Message Compliance

• You are solely responsible for the content of messages sent through our Service
• You must obtain proper consent before sending messages to contacts
• You must comply with anti-spam laws and regulations in your jurisdiction

Data and Privacy

Your Data

• You retain ownership of your contact data and message content
• We process your data in accordance with our Privacy Policy
• You are responsible for ensuring you have the right to import and use contact data

Payment and Billing

Service Fees

• Certain features may require payment of fees
• All fees are non-refundable unless otherwise specified
• We reserve the right to change our pricing with reasonable notice

Billing

• You agree to pay all applicable fees for your use of the Service
• Failure to pay fees may result in service suspension or termination

Intellectual Property

Our Rights

• Messagely and related trademarks are our property
• The Service and its underlying technology are protected by intellectual property laws
• You may not copy, modify, or reverse engineer our Service

Your Rights

• You retain rights to your original content and data
• You grant us a license to use your data solely to provide our Service
• This license terminates when you delete your account

Service Availability

Uptime

• We strive to maintain high service availability but do not guarantee 100% uptime
• Scheduled maintenance will be announced in advance when possible
• We are not liable for service interruptions beyond our reasonable control

Modifications

• We may modify, update, or discontinue features with reasonable notice
• We reserve the right to impose usage limits or restrictions

Limitation of Liability

Disclaimer

• The Service is provided "as is" without warranties of any kind
• We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose
• We do not warrant that the Service will be error-free or uninterrupted

Liability Limits

• Our liability is limited to the maximum extent permitted by law
• In no event shall our total liability exceed the amount paid by you for the Service in the 12 months preceding the claim
• We are not liable for indirect, incidental, or consequential damages

Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you submit or transmit through the Service

Termination

By You

• You may terminate your account at any time through your account settings
• Upon termination, your data will be deleted in accordance with our Privacy Policy

By Us

• We may suspend or terminate your account for violation of these Terms
• We may terminate the Service with reasonable notice
• We reserve the right to refuse service to anyone

Governing Law

These Terms are governed by the laws of Ireland, without regard to conflict of law principles. Any disputes will be resolved in the courts of Ireland.

Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending you an email notification
• Displaying a notice in the Service

Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

Contact Information

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

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Messagely regarding the Service.