Terms of use.

01Acceptance

These Terms of Use (the "Terms") form a binding agreement between Message.com LLC ("Message," "we," or "us") and the individual or entity that registers for, accesses, or uses our services ("Customer" or "you").

By creating an account, accessing the platform, or clicking a button indicating acceptance, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are accepting on behalf of an organisation, you represent that you have authority to bind that organisation. If you do not agree, do not use the service.

02Definitions

• Service, the Message platform, including the dashboard, embeddable widget, APIs, mobile and desktop applications, voice and SMS features, AI features, and related documentation.
• Customer Data, all data, content, and information you, your agents, or End Users submit to the Service.
• End User, a customer, prospect, or visitor of yours who interacts with you through the Service.
• Agent, a person you authorise to access the Service on your behalf.
• Subscription, a paid or trial plan you have selected.
• Documentation, the user guides and technical reference we publish at message.com.

03Account and registration

To use the Service you must register for an account, provide accurate information, and keep it current. You are responsible for all activity that occurs under your account, including the actions of your Agents. You must maintain the confidentiality of your credentials and notify us immediately at [email protected] if you suspect unauthorised access. We may require multi-factor authentication and reserve the right to refuse account creation at our discretion.

You must be at least 18 years old to register. You must not register on behalf of a sanctioned person or entity or in a country subject to United States or applicable trade sanctions.

04Subscription, billing, and payments

The Service is provided on a subscription basis. Subscription fees, included quotas, and overage rates are described on the pricing page in effect at the time of purchase.

Billing

We bill subscriptions in advance, monthly or annually depending on your selection. Usage-based charges (such as outbound call minutes, SMS, or AI tokens beyond included quota) are billed in arrears at the end of each billing cycle. Fees are non-refundable except as required by law or expressly stated in these Terms.

Payment processor

All payments are processed by Stripe, Inc.. By providing payment information, you authorise us and Stripe to charge the payment method for all amounts due. If a charge is declined, we may suspend or terminate the Service until the issue is resolved.

Taxes

Fees are exclusive of taxes. You are responsible for any sales, use, value-added, withholding, or similar taxes, except taxes based on our net income.

Price changes

We may change subscription prices. We will notify you at least 30 days before a price change takes effect on your account. Continued use of the Service after the effective date constitutes acceptance of the new pricing.

05Free trial

We offer a 14-day free trial on all plans. No credit card is required to start. If you do not subscribe by the end of the trial, your account converts to a read-only state for 30 days and is then deleted. During trial, included phone minutes and AI tokens are limited; abuse of trial limits is prohibited.

06Customer Data and ownership

As between you and Message, you retain all right, title, and interest in and to Customer Data. You grant Message a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, and process Customer Data solely as needed to provide and improve the Service, prevent abuse, comply with law, and as you authorise.

You represent and warrant that you have all rights, consents, and authorisations required to submit Customer Data to the Service and to permit our processing of it. You must comply with all applicable laws when collecting and using Customer Data, including privacy, electronic-communications, and consumer-protection laws.

We do not use Customer Data to train AI models. AI features process Customer Data only to generate responses for that Customer, within that Customer's account.

07Privacy

Our handling of personal data is described in our Privacy Policy, which is incorporated into these Terms. Where Message processes personal data on your behalf, our Data Processing Addendum (DPA) governs that processing. The DPA is available on request at [email protected] and applies automatically if you are subject to the GDPR, UK GDPR, or similar laws.

08Acceptable Use Policy

You agree that you will not, and will not permit any Agent or End User to:

• Use the Service to send unsolicited bulk messages, spam, phishing, or otherwise violate the CAN-SPAM Act, TCPA, GDPR, or similar laws
• Transmit malware, viruses, or any content designed to interfere with the Service or any third-party system
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent expressly permitted by law
• Resell, sublicense, or rent the Service to a third party except as expressly authorised in writing
• Probe, scan, or test the vulnerability of the Service except under our published responsible-disclosure programme
• Use the Service in connection with weapons, illegal gambling, sanctioned parties, or any activity that violates applicable law
• Impersonate any person or misrepresent your affiliation with any person or entity
• Collect or harvest personal data from the Service without consent or lawful basis
• Use the Service for activities classified as "High-Risk Activities" (e.g., nuclear facilities, life-support systems, air-traffic control) where failure could lead to death or serious harm

We may investigate suspected violations and cooperate with law enforcement. Violation of this policy may result in suspension or termination without refund.

09AI features

The Service includes features powered by artificial intelligence, including draft generation, call summarisation, intent classification, and routing recommendations. AI output may be inaccurate, incomplete, or otherwise unsuitable for your purpose. You are responsible for reviewing AI output before it is sent to an End User or otherwise relied upon, including ensuring compliance with applicable laws and your own obligations to End Users.

You retain ownership of AI output generated for your account, subject to your underlying licences to the Customer Data and Documentation that informed the output. Message disclaims any warranty that AI output is accurate, non-infringing, or fit for a particular purpose.

10Phone services

Message Phone is an interconnected VoIP and messaging service that runs on our own carrier-grade telecommunications infrastructure and regulated telecommunications partners. By using Message Phone you agree to additional requirements, all of which are detailed in our Acceptable Use Policy and Trust & Compliance page.

• TCPA and DNC compliance. For outbound calling and SMS, you must comply with the Telephone Consumer Protection Act of 1991, the FCC's implementing rules, the National Do Not Call Registry, state-level DNC lists, and equivalent international rules. Prior express written consent is required for autodialed or pre-recorded calls and texts to mobile and residential numbers. You must scrub against the National DNC at least every 31 days and honour internal company DNC requests for at least five years.
• No robocalls or autodialed traffic without consent. Predictive dialers, autodialers, soundboard technology, and pre-recorded messages may not be used to call any mobile or residential number without prior express written consent that meets TCPA standards. We may block, throttle, or terminate traffic that triggers carrier robocall alerts.
• STIR/SHAKEN and caller-ID accuracy. Caller ID must be accurate and a number you or your customer have the right to use. Spoofing protected numbers (911, government, medical, financial-fraud helplines) is strictly prohibited. Message signs outbound traffic per STIR/SHAKEN attestation levels described in our Trust page.
• Recording disclosure. Many jurisdictions, including all-party-consent states such as California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington, require informing the other party that a call is being recorded. You are responsible for providing any required notice or consent. Message offers configurable disclosure prompts; use of them is required where applicable.
• E911 and emergency calls. Message Phone is not a replacement for traditional telephone service. You must register a Registered Service Address for each number used for outbound calling and keep it current. Emergency calls are routed to the PSAP serving that address, not the physical location of the calling device. If power or internet is lost, emergency calling is unavailable. You must inform users of these limitations.
• SMS / A2P 10DLC. Application-to-person SMS to U.S. numbers requires brand and campaign registration through The Campaign Registry before traffic is enabled. Opt-in records must be retained for at least four years. STOP / HELP keywords must be honoured within five seconds. SHAFT content (Sex, Hate, Alcohol, Firearms, Tobacco) requires prior approval and age-gating.
• Number ports. Port-in is free and submitted to the losing carrier within one business day of a valid LOA. Port-out is honoured within 24 hours of a validated request, without withholding fees, subject to the FCC's anti-slamming rules.
• CPNI. Customer Proprietary Network Information is handled per Section 222 of the Communications Act and 47 CFR §64.2001 et seq. We do not sell or share CPNI for marketing purposes. Our CPNI compliance policy is available on request.
• Anti-fraud. Traffic pumping, access stimulation, International Revenue Share Fraud (IRSF), Wangiri schemes, toll fraud, PBX hacking, and call-routing manipulation are prohibited. Message may block, throttle, or rate-limit traffic that triggers fraud-pattern thresholds without notice.
• Traceback and law enforcement. We cooperate with the Industry Traceback Group, FCC traceback orders, the Robocall Mitigation Database, and lawful requests from law-enforcement authorities. Report abuse to [email protected]; traceback requests to [email protected].

11Third-party services

The Service interoperates with third-party services (e.g., Stripe, Shopify, Salesforce, Slack, Zapier). Your use of those services is governed by their own terms. We are not responsible for, and disclaim all liability arising from, third-party services. If a third-party service is discontinued or changes its API, the corresponding Message integration may be modified or removed.

12Intellectual property

Message and our licensors retain all right, title, and interest in and to the Service, including all software, designs, models, content, trademarks, and Documentation. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence during your Subscription to access and use the Service for your internal business purposes.

Feedback. If you provide suggestions, ideas, or feedback about the Service, you grant Message a perpetual, irrevocable, royalty-free licence to use that feedback without obligation to you.

Trademarks. "Message", the Message logo, and message.com are trademarks of Message.com LLC You may not use them without our prior written consent.

13Confidentiality

Each party may have access to non-public information of the other ("Confidential Information"). The receiving party will use the other's Confidential Information only to perform under these Terms and will protect it with at least the same degree of care it uses for its own confidential information (but no less than reasonable care). These obligations survive termination for three years. Confidential Information does not include information that is publicly available without breach of these Terms, independently developed, or rightfully obtained from a third party.

14Service availability

We aim to make the Service available 24/7, subject to scheduled maintenance and events outside our reasonable control. For paid customers on Enterprise plans, we offer a separate Service Level Agreement with target uptime and service credits. Other plans are provided without an availability commitment.

15Term and termination

These Terms remain in effect while you have an account. Either party may terminate for material breach if the breach is not cured within 30 days of written notice. You may cancel your subscription at any time from the billing settings page; cancellation takes effect at the end of the current billing period. We may terminate or refuse service if we reasonably believe you have violated these Terms or applicable law.

On termination, your right to access the Service ends immediately. We will provide a reasonable means to export Customer Data for 30 days after termination, after which Customer Data is deleted in accordance with our retention policy.

16Suspension

We may suspend your access without notice if (a) we reasonably believe the Service is being used in violation of these Terms or applicable law, (b) your account is past due for more than 14 days, (c) we reasonably believe your account is causing or about to cause a security or stability risk to the Service or its users, or (d) we are required to do so by law. We will restore access as soon as the cause of suspension is resolved.

17Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI OUTPUT WILL BE ACCURATE.

18Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO MESSAGE FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

These limitations apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and survive termination of these Terms.

19Indemnification

By Customer. You will defend, indemnify, and hold Message harmless from third-party claims arising from (a) Customer Data, (b) your or any Agent's violation of these Terms, the Acceptable Use Policy, or applicable law, and (c) your use of the Service in combination with any product or service not provided by Message.

By Message. We will defend you against any third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes the third party's intellectual-property rights, and indemnify you for amounts finally awarded or paid in settlement. This indemnity excludes claims arising from Customer Data, your modifications, or combinations with other products.

Each party's indemnification obligation is conditioned on the indemnified party (i) promptly notifying the other of the claim, (ii) giving the other sole control of the defence and settlement, and (iii) providing reasonable cooperation at the indemnifying party's expense.

20Governing law

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21Dispute resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules, except that either party may seek injunctive relief in a court of competent jurisdiction for intellectual-property or confidentiality matters. Arbitration will take place in Travis County, Texas, USA. The arbitrator may award only the relief that a court could award.

Class-action waiver. Claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. If this waiver is found unenforceable, the entire arbitration agreement is void.

22General provisions

• Entire agreement. These Terms, the Privacy Policy, and any executed addenda constitute the entire agreement between the parties regarding the Service and supersede all prior agreements on the subject matter.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
• No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign these Terms without our prior written consent, except to a successor to all or substantially all of your business. We may assign without restriction.
• Force majeure. Neither party is liable for delays caused by events beyond reasonable control, including natural disasters, war, terrorism, civil unrest, labour disputes, internet or telecommunications failures, or governmental actions.
• Notices. Notices to Message must be sent to [email protected] with a copy to our mailing address. Notices to you will be sent to the email on file. Notice is effective on receipt for email and three business days after deposit with a recognised carrier for mail.
• U.S. government end users. The Service is "commercial computer software" under FAR 12.212 and DFARS 227.7202. Use, duplication, or disclosure is subject to the restrictions in these Terms.
• Export controls. You may not use the Service in violation of U.S. export controls or sanctions, and you represent that you are not a prohibited end user.

23Contact

Questions about these Terms:

Message.com LLC
Attn: Legal Team
363 North Sam Houston Pkwy E, Suite 125
Houston, TX 77060, United States
Phone: (844) 600-8444
Email: [email protected]