Terms of Service

1. Agreement to Terms

By accessing or using Messagency ("the Service"), operated by Messagency (Porto, Portugal), you agree to be bound by these Terms of Service. If you do not agree, you may not use the Service.

2. Description of Service

Messagency is a digital media agency that builds and operates several products and services, including: the AI Assistant, an AI-powered customer messaging platform that integrates with WhatsApp, Instagram and a website chat widget for automated responses, appointment booking and customer management; Subless; SenseIT; and custom AI solutions we develop for clients. These Terms apply to all of them; product-specific features apply only when you use that product.

3. Account Registration

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Send spam, unsolicited messages, or harass any person through the Service
• Impersonate another person or entity
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use the Service in a way that violates Meta's (Facebook/Instagram) terms of service or WhatsApp's terms

5. AI-Generated Content

The AI responses generated by our Service are automated. While we strive for accuracy, we do not guarantee that AI-generated content will be error-free, complete, or suitable for your specific needs. You are responsible for reviewing and monitoring AI interactions with your customers.

6. Third-Party Integrations

The Service integrates with third-party platforms (Meta/WhatsApp, Instagram, OpenAI). Your use of these integrations is subject to the respective platform's terms of service. We are not responsible for changes, interruptions, or issues with third-party services.

7. Payment and Billing

Paid plans are billed monthly or annually. All fees are non-refundable unless otherwise stated. We reserve the right to change pricing with 30 days' notice.

8. Termination

We may terminate or suspend your account at any time for violation of these Terms. You may cancel your account at any time. Upon termination, your right to use the Service ceases immediately.

9. Limitation of Liability

To the maximum extent permitted by law, Messagency shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service.

10. Governing Law

These Terms are governed by the laws of Portugal. Any disputes shall be resolved in the courts of Porto, Portugal.

11. Business Service Agreement & Data Processing

Business customers who connect WhatsApp or Instagram accept, at signup, a more detailed Service Agreement and Data Processing Agreement (GDPR Article 28) that governs how customer messages are processed (you act as data controller, we as data processor). It includes an important note that connecting WhatsApp by QR code may rely on methods not officially supported by Meta and is done at your own risk. You can read the full agreement at app.messagency.net/service-agreement.

12. Contact