Agreement for use of the Messedo Service
Welcome to Messedo. These Terms govern access to and use of the Messedo website, messaging Portal, platform, related services and additional services (together, the “Service”).
The Service includes SMS messaging, campaigns, notifications, text services, API, SMPP and other Portal functions that enable registered or authorised Users to communicate with their contacts.
By creating an account or using the Service, the User agrees to these Terms and the Privacy Policy. If the User does not agree, the User must not use the Service.
The parties may enter into a separate written agreement following a request to welcome@messedo.com. That agreement, current prices and other agreed documents form part of the relationship between the parties.
1. General provisions
Portal means the Messedo web application available at messedo.com, through which a visitor may register and an authorised User may access the Service.
Authorised access means access to the Service and Portal features using the User’s account credentials and password.
Registered User means a legally capable individual, or a person acting for a legal entity or another individual, who has created an account. Registration details may include a login, email address, mobile number and password.
Business messaging, text messaging or A2P means application-to-person messages sent using an alphanumeric Sender ID, short code or long number, where permitted by the rules of the destination country and operator.
SMS message means text created by the User and delivered to a mobile subscriber. One SMS may contain up to 160 Latin characters or 70 Cyrillic characters. A longer message is split into segments and each segment is billed separately. Messedo recommends limiting a message to no more than five segments.
Sender ID means a unique combination of Latin letters and, where appropriate, digits, with a maximum length of 11 characters, displayed to the recipient as the sender identifier.
Messedo may access account information and retain records of Service use to the extent required to operate the platform, comply with legal process, and protect rights, property and safety.
2. Acceptable use
The User must comply with applicable laws and the rules of destination countries, including obtaining valid consent from each recipient before sending messages. Sender IDs must comply with operator requirements.
The User must not:
- copy, distribute or disclose any part of the Service without permission;
- upload malicious data, viruses, bots or code intended to disrupt the Service;
- collect personal data, account details, names or logins without a lawful basis;
- bypass technical or organisational access controls;
- impersonate another person, conceal identity or engage in fraud;
- send unlawful, threatening, abusive, harmful, obscene or discriminatory content;
- transmit confidential information or intellectual property without the necessary rights;
- send unauthorised advertising, spam, phishing or other fraudulent communications;
- interfere with servers, networks or telecommunications infrastructure; or
- process personal data without valid consent or another lawful basis.
3. Security
Messedo applies modern and reasonable security measures. However, no system can remove every risk of deliberate intrusion, and data may pass through networks that Messedo does not control.
The User acknowledges the risk of unauthorised disclosure, interference, failure or interruption and must take appropriate measures to secure the User’s own account.
4. User identification
Registration requires an email address and mobile number. The User creates a password and must keep it confidential.
A person with access to the User’s credentials, email account or phone may gain access to confidential information and Portal functions. The User is responsible for preventing unauthorised access and must notify Messedo immediately if account security may have been compromised.
Messedo is not responsible for losses caused by unauthorised account use where such use was not caused by Messedo.
5. Service suspension and termination
Messedo may temporarily suspend the Service for planned or unplanned maintenance of its systems or those of partners and mobile operators. Where reasonably practicable, planned work will be announced in advance.
The User may stop using the Service at any time by deleting User-created data through the Portal or requesting account deletion at support@messedo.com.
Messedo may add, change, suspend or discontinue Service features. Messedo is not responsible for lost data or transactions, delayed or failed message delivery, or unavailability caused by maintenance, operator failures, hosting providers, network infrastructure or third parties outside Messedo’s control.
6. Suspension of Portal access
Messedo may suspend or terminate the User’s access if the User breaches these Terms, applicable law or operator rules, or creates a risk to the platform, recipients or third parties.
7. Personal data
Messedo processes personal data in accordance with applicable law and, where European Union law applies, the General Data Protection Regulation (GDPR).
The GDPR may apply where the User or data subjects are in the EU, goods or services are offered to people in the EU, or their behaviour within the EU is monitored.
Data protection requests may be sent to dataprotection@messedo.com.
8. Intellectual property
Third-party information and services belong to their respective owners. The User is responsible for obtaining the rights required to use them.
The Service, software, copy, graphics, interfaces, logos, trade marks and other Messedo materials are protected by intellectual property law. Unless expressly permitted, the User must not sell, license, lease, modify, distribute, reproduce, decompile, publicly display or create derivative works from those materials.
Portal materials may not be republished, altered or distributed without written permission from Messedo. All rights not expressly granted by these Terms remain with Messedo and the relevant rights holders.
9. Third-party information and services
The Service may contain third-party integrations, links or information. Messedo does not control those resources and is not responsible for their content, operation, security or privacy practices.
The User accesses third-party resources at the User’s own risk and is responsible for reviewing their terms. Messedo does not warrant or endorse products or services supplied by third parties.
10. Pricing, balance, top-ups and refunds
Pricing. Services are available while the User has a sufficient positive balance. Current prices are shown in the account and may be charged in the currency configured for that account.
Services are prepaid through an online top-up or a bank transfer against an invoice. Every submitted SMS, including messages sent through SMPP 3.4 or API, reduces the balance by the price of the applicable number of message segments.
Messedo may change its prices. Where reasonably possible, changes affecting Ukrainian networks are announced at least seven calendar days in advance. International rates may change after notice to the email address registered for the account. Recurring Sender ID or subscription fees may apply under operator rules.
Refunds. The User may close an account at any time. Unused balance and fees for activated services are not refundable except where Messedo approves a request relating to an accidental payment. The request, payment evidence and explanation must be sent to support@messedo.com within 45 days of payment.
Taxes and fees. The User is responsible for applicable taxes, bank fees and payment-provider charges unless the account or a separate agreement states otherwise.
Payment information. Information supplied for payment must be accurate, complete and current. Payments may be processed by third-party providers under their own security and privacy terms.
Payment disputes must be sent to finance@messedo.com within 45 days of the disputed transaction, together with supporting evidence and a clear explanation. General billing questions may be sent to the same address.
11. Warranties
The Service is provided “as is” and “as available”. To the fullest extent permitted by law, Messedo disclaims express and implied warranties regarding uninterrupted availability, absolute security, fitness for a particular purpose, error-free operation or the absence of harmful components.
Information or advice obtained from Messedo or through the Service does not create any warranty not expressly stated in these Terms. The User downloads and uses content at the User’s own risk.
Messedo does not warrant third-party products or services and is not a party to transactions between the User and a third party unless expressly stated otherwise.
12. Limitation of liability
To the fullest extent permitted by law, Messedo, its members, employees, contractors, suppliers and licensors are not liable for indirect, incidental, special or consequential loss, or for loss of revenue, data or use of the Service.
Messedo is not liable for loss caused by cyberattacks, unauthorised access, third-party conduct, network interruption, content errors, viruses, Service unavailability or unlawful User content, except where liability cannot lawfully be excluded.
13. Indemnity
The User agrees to protect Messedo, its related entities, employees, contractors, partners and licensors from reasonable third-party claims, costs and losses arising from:
- information, content or services submitted or made available by the User through the Service;
- use of or access to the Service through the User’s account; or
- a breach of these Terms, applicable law or another person’s rights, including intellectual property, privacy and data protection rights.
14. Privacy
The Messedo Privacy Policy forms part of these Terms and explains how Messedo collects, uses and protects information.
15. Assignment
The User may not assign rights or obligations under these Terms without prior written consent from Messedo, except to an affiliate, a successor following a reorganisation or a buyer of the relevant assets, where permitted by law.
16. Entire agreement
These Terms, the Privacy Policy, current prices and any separate written agreement form the agreement between the User and Messedo concerning the Service.
The Terms take effect when accepted during registration. If a separate written agreement conflicts with these Terms, the separate written agreement takes priority.
17. Waiver and severability
A failure by Messedo to enforce any right or provision does not waive that right or provision. If a competent court finds a provision invalid or unenforceable, the remaining provisions continue in effect and the affected provision applies to the maximum extent permitted by law.
18. Notices and changes
Messedo may provide legal, service, financial or marketing notices by email or through the Portal. Messedo determines the appropriate form of notice subject to applicable law.
Messedo may update these Terms. Material changes are announced by email or through the Portal at least seven calendar days before they take effect, unless a different period is required by law.
Questions about these Terms may be sent to welcome@messedo.com.
Contact us and the Messedo team will help with questions about these Terms.
Effective: 1 May 2019
Last updated: 3 June 2019