Greetings at https://messedo.com.
These Terms of Service explains 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 messages 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 Meessedo which allows a visitor to register or allows 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 or A2P
A type of text messaging of composing and sending SMS with branded, alphabetic, short-coded or long number, depending on countries where applicable, sender IDs to the persons. It is deemed that persons who may receive the SMS or otherwise gave their consent on this. This type of text messaging is called A2P (Application to Person).
Billing period
A period, usually a calendar month or whatever quantity of calendar days or hours or indicated parameters of time set, that is set and indicated, for which the calculation of relevant cervices is billed according to the pricing policy.
Sender ID
SMS Sender ID (or sender name) is the displayed text or header of SMS for a recipient of SMS to identify who sent the message to his/her mobile telephone. For example, the Sender ID of recipient’s contact from telephone contacts is the mobile phone number with name of the contact. Sender ID in A2P business messaging can look like text with no more than 11 characters (e.g. “Messedo_inf”), like short-code (e.g. “12321”) or long telephone number (e.g. “12345654321”).
Multi accounts User
Two or more personal accounts registered by one User and aggregated into one counterparty account to execute unified billing for all of those Users’ accounts.
Governing Law, Venue, Waiver of Jury Trial and Attorney’s fees
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 Messedo shall be brought only in the courts of Ukraine. Any and all litigation concerning the Terms pursued by 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 THIS TERMS.
Each of the User or Messedo hereto 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.
Use of Third-Party Information and Services
User understands and accepts that the Services provided to him/her with the ability to build communication systems, tools, campaign that may relay third-party information or interface with third-party services (hereinafter "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 for him/her to use such Third-Party Information and Services.
Messedo’s access to User information
User agrees and concords that Messedo may access and preserve user’s account information, including records regarding User’s usage of the Service and records of content submitted or accessed by User in order to comply with operational process,
with legal process, with protecting rights, property and safety of Messedo, Messedo’s Users, with respecting applicable laws and regulations, with enforcing the Terms.
Revision and modification of Terms
Messedo reserves the right to revise and modify the Terms at any time without prior notification.
When Messedo applies changes to the Terms which are done in a material manner, an update will be sent to the User’s e-mail indicated by User upon registration process.
The "Updated" date and "Effective" date are indicated at the footer of this page.
User agrees that such modifications are effective and binding upon User immediately upon User’s use of the Services following the Effective date of the revised or modified 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) (header of the SMS message) which contradicts with the respective General Guidance (that can be found in the registered User’s account) as well as contradicts with requirements of any telecom operator.
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 accept 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. In addition to that but not obligatory a name of a User or name of a company he represents or works to may be provided by a User.
User will be required to create a password upon registration process. It is extremely viable that User keeps his/her password completely confidential. Anyone with access to the User’s identification and password will be able to view the confidential information that User is authorized to access and communicate with Contacts of the User as if that person was the User. Additionally, anyone with access to User’s e-mail account and mobile telephone number could reset User’s password on the Portal in order to access User’s account on the Portal as if that person was the User.
It is User’ responsibility to prevent disclosure of his/her password, as well as to prevent unauthorized access to his/her e-mail. User should notify Messedo immediately if User feels that his/her security has been compromised or broken. Messedo will not be liable for any losses caused by any unauthorized use of User’d account
User may discontinue use of the Services at any time by deleting an and all campiagns’ data, contacts’ data the User has created on the Portal or while making the Services, or/and by contacting Messedo at support@messedo.com with request to delete 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 Users or to any third party for doing so.
Periodical scheduled system downtime for maintenance and other purposes may be implemented. Unplanned system outages also may occur.
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 a EU based company, is in legal obligation to run its business operations with the EU's General Data Protection Regulation (hereinafter “GDPR“), entered into force on May 25, 2018.
All Third-Party Information and Services are the properties of the respective third parties. User agrees to obtain all rights from owners of Third-Party Information and Services necessary for User to use such data of Third-Party Information and Services.
The Service and all materials therein or transferred thereby, including, without limitation, software, text, texts, images, graphics, pictures, illustrations, logos, trademarks, service marks, patents, copyrights, photographs, audio, videos, music, and User Provided Information belonging to other Users (the "Messedo Content"), and all intellectual property rights related thereto, are the exclusive property of Messedo and its licensors (including other Users who provide User Provided Information).
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license or ownership right in or under any such intellectual property rights, and User agrees not to sell, license, rent, change, modify, distribute, reproduce, copy, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Messedo Content. Use of the Messedo Content for any purpose not expressly permitted by these Terms is strictly prohibited.
No pages, part or portion 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. Certain content may be licensed by Messedo from third parties; any such licensed third-party content and all intellectual property rights related to such content belong to the respective third parties. User shall not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Services or its content. Any rights not expressly granted by these Terms with respect to the Service are reserved by Messedo.
The Service may contain Third-Party Information and Services and involve integrations with or links to Third-Party Information and Services, as well as information and services created by Users for Contacts.
Messedo do not control any such information and services and is not responsible for their content or performance, or User’s use of or access to any such content. Messedo do not operate, control or endorse any information, products or services provided by third parties, including without limitation Third-Party Information and Services. Any use of Third-Party Information and Services is strictly at User’s own risk including, but not limited to, any risks associated with destructive viruses.
User is solely responsible for viewing and abiding by the terms and conditions of use and the 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.
Pricing Policies
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 in regards of topping up and/or paying the invoice must be paid by the User. Though commission or charges applied by online-payment systems which can be used for topping up online in personal account of the User at Messedo Portal are usually at the cost of Messedo.
Services shall be provided to any User when such User's balance is positive.
SMS services are provided on the price per one sms sent basis. Each SMS message sent by the User’s from its account on the Portal or through Messedo Portal in any other manner of connection (SMPP v3.4. connection or API) reduces User’s balance respectively.
SMS messages size can be limited in length due to alphabetic or coding manner, the respective information into how many part SMS has been split is reflected in the User’s account. In this case each part is billed as one sms sent.
HLR Lookup services are usually provided on the price per one request sent basis. Each HLR Lookup request sent by the User’s from its account on the Portal or through Messedo Portal in any other manner of connection (SMPP v3.4. connection or API) reduces User’s balance respectively.
Monthly fees can be applied to the relevant Sender IDs, basing on telecom operator policies and will take effect upon respective Sender ID registration process done. In these cases monthly fees for Sender ID’s are activated and billed on monthly fee basis in prepaid manner.
Monthly fees can be terminated by preliminary notification by the User or Messedo whatever is caused the notification (termination by the will of the User, notification from mobile operator or at Messedo’s own discretion including but not limited to “Rules of Conduct” violation by the User). In such cases monthly fees billing will be terminated in the next billing period.
Subscription model is also applied in the prepaid manner and can be applied to the relevant services as indicated on Messedo Portal or offered to the Users by Messedo. Subscription model is activated and billed on monthly fee basis. It can be terminated by preliminary notification by the User or Messedo whatever is caused the notification (termination by the will of the User or at Messedo’s own discretion including but not limited to “Rules of Conduct” violation by the User). In such cases monthly fees billing will be terminated in the next billing period.
User accepts and consents that due to market and market-related changes, the prices may change from time to time. Messedo has the right to modify its rates, prices, fees at its sole discretion. Decreased and increased rates take effect immediately upon e-mail notice to the User. Price change notification is sent by e-mail from rates@messedo.com to the e-mail indicated by respective User upon the registration. New prices or fees shall become effective respectively in the User’s account as well. Price-change notification e-mail and update in the account does not require any form of confirmation to take effect.
Messedo has the right to add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any changes to monthly fees based services will apply only on a prospective basis.
If User does not agree to any such changes to SMS prices, HLR Lookup prices, monthly fees, additional fees or subscription fees User has to cancel its subscription or account usage.
No Refund and Refund
User may cancel account at Messedo Portal at any time. However, there are no refunds for cancellation. In the event that Messedo suspends or terminates User’s account or this these Terms, User accepts and agrees that User shall receive no refund or exchange for any unused balance or time on a subscription, any unused balance or subscription fees for any portion of the Services, any content or data associated with User’s account, or for anything else.
Notwithstanding the foregoing, funds added to User’s account at Messedo via credit/debit card in error may be refunded to the original credit/debit card, at Messedo’s sole discretion, by submitting a written request via email to support@messedo.com together with the original invoice and a full explanation of the error within forty-five (45) days of the original payment. Funds added to User account on Messedo Portal in error via other methods are not refundable.
Funds added to Messedo account via invoice according to the written contract signed by User and Messedo may be refunded by submitting a written request via email to both finance@messedo.com and support@messedo.com of such refund needed with explanation of the reasons and further actions regarding User’s account. Though Messedo’s not obliged to announce terms of such refunding for written contract basis Users as it is a process on own discretion of the respective bank(s), Messedo will take all the efforts to meet reasonable terms unless other will be stated by the bank(s). In this case bank charges and/or money transfer for refunding must be paid by User.
Taxes
User shall pay any applicable taxes, if any, relating to any such billing, purchases, transactions or other monetary transaction interactions.
Payment information
All information that User provides in connection with a purchase or transaction or other monetary transaction interaction with the Services has to be accurate, complete, and in-time.
User agrees to pay all charges incurred by User’s credit card, debit card, or other payment method (including invoice) made in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices effective when such charges are incurred. The respective remark may be indicated when commission uncured by paying via online-payment system available in the personal account of the User that Messedo takes cost of online payment third-party commission on itself.
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 card or debit card security or privacy.
Please contact finance@messedo.com if there are inquiries or assistance needed.
Disputes
All disputes regarding any fees paid to Messedo must be emailed to finance@messsedo.com within 45 (forty-five) days of 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 BASED ON 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. WITHOUT LIMITING THE FOREGOING, MESSEDO, ITS PARENT, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS 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 OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT USER’S OWN RISK AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USER’S USE OF THE SERVICE.
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 OR ANY WEBSITE OR SERVICE, AND MESSEDO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
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’ ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
THIS LIMITATION OF LIABILITY SECTION 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. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO USER. THIS AGREEMENT GIVES USER SPECIFIC LEGAL RIGHTS, AND USER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Privacy Policy is available on Messedo’s website and is incorporated into the Terms.
These Terms (including the Privacy Policy) constitutes the entire agreement between User and Messedo and governs the use by User of the Services.
The Terms take effect with the consent given by a User upon registration process. Date of registration and creation of 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 such notifications are required by law or are for marketing or other business related purposes, to User via email 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.
Effective date: May 01, 2019
Updated date: June 03, 2019
