Terms of Service

1. Acceptance of Terms

Welcome to MessageSync.ai. MessageSync.ai is a brand and service operated by HN30 LLP. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and HN30 LLP ("Company," "we," "us," or "our") governing your access to and use of our customer communication platform, website, and related services (collectively, the "Services").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction.
• Be a business entity, sole proprietor, governmental or public sector entity, or non-profit organization.
• Have the legal authority to enter into this agreement on behalf of yourself or the entity you represent.
• Not be located in a country subject to U.S. government embargo or sanctions.
• Not have been previously suspended or removed from our Services.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Create a strong, unique password for your account.
• Not share your account credentials with any third party.
• Notify us immediately of any unauthorized access or use of your account.
• Ensure that you log out from your account at the end of each session.

4. Description of Services

MessageSync.ai is a customer communication platform that provides tools for:

• Contact management and customer relationship tracking
• Email, SMS, and WhatsApp messaging
• Contact management and conversation tracking
• Multi-channel engagement (email, SMS, push notifications)
• Analytics and reporting
• Third-party integrations

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

5. Subscription Plans and Pricing

5.1 Subscription Plans

We offer various subscription plans with different features and pricing. The specific features and limitations of each plan are described on our pricing page. We reserve the right to modify our pricing and plans at any time, with notice to existing subscribers.

5.2 Free Trial

We may offer a free trial period for new users. At the end of the trial period, you will be required to select a paid subscription plan to continue using the Services. If you do not select a plan, your access to certain features may be restricted.

5.3 Pricing Changes

We may change our prices at any time. Price changes will be communicated to you at least 30 days before taking effect. Your continued use of the Services after a price change constitutes your acceptance of the new pricing.

6. Payment Terms

6.1 Payment Processing

All payments are processed through our third-party payment processor, Stripe. By providing your payment information, you authorize us to charge your payment method for the subscription fees and any applicable taxes.

6.2 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

6.3 Failed Payments

If a payment fails, we will attempt to charge your payment method again. If payment cannot be processed after multiple attempts, we may suspend or terminate your access to the Services.

6.4 Taxes

Prices displayed on our website may be exclusive of applicable taxes. You are responsible for paying all taxes associated with your subscription, except for taxes based on our net income.

7. Refund Policy

We offer a 30-day money-back guarantee for new subscriptions. If you are not satisfied with our Services within the first 30 days of your initial subscription, you may request a full refund by contacting our support team.

For renewals and subsequent billing periods, refunds are generally not provided. However, we may consider refund requests on a case-by-case basis at our discretion.

Please see our Refund Policy for complete details.

8. Cancellation

You may cancel your subscription at any time through your account settings or by contacting our support team. Upon cancellation:

• Your subscription will remain active until the end of the current billing period.
• You will not be charged for subsequent billing periods.
• You will retain access to your data for 30 days after the end of your subscription, during which time you may export your data.
• After the 30-day period, your data may be permanently deleted.

9. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services to send spam, unsolicited communications, or messages that violate applicable anti-spam laws (including CAN-SPAM, GDPR, and CASL).
• Upload, transmit, or distribute any content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
• Use the Services to collect or harvest personal information without proper consent.
• Attempt to gain unauthorized access to our systems, networks, or other users' accounts.
• Interfere with or disrupt the integrity or performance of the Services or third-party data.
• Use the Services to engage in any activity that violates intellectual property rights.
• Sublicense, resell, or distribute the Services without our prior written consent.
• Use the Services to process or store sensitive personal information (such as health information or financial account numbers) unless specifically authorized.

10. Messaging and Communication Compliance

MessageSync.ai is designed for customer-initiated and consent-based messaging only. Unsolicited bulk messaging, cold outreach, and spam are strictly prohibited. When using our messaging features, you must comply with all applicable laws and regulations, including:

• Opt-In Consent: Only send communications to recipients who have explicitly opted in and provided valid consent. You must maintain records of consent.
• Identification: Clearly identify yourself or your organization in all communications.
• Unsubscribe: Include a clear and functional unsubscribe mechanism in all commercial emails.
• Accuracy: Ensure that subject lines accurately reflect the content of the message.
• Physical Address: Include a valid physical postal address in all commercial emails.

10.1 Anti-Spam and Acceptable Use

The following activities are strictly prohibited on our platform:

• Sending unsolicited messages (spam) to contacts who have not opted in
• Bulk cold outreach or mass messaging to purchased contact lists
• Using the platform for advertising, promotional blasts, or marketing automation to non-consenting recipients
• Scraping or harvesting contact information for messaging purposes
• Circumventing opt-out requests or consent mechanisms

Violations of this policy may result in immediate account suspension or termination. We actively monitor for abuse and enforce compliance with messaging regulations including TCPA, CAN-SPAM, GDPR, and WhatsApp Business policies.

11. User Content and Data

11.1 Your Content

You retain all ownership rights to the content and data you upload to the Services ("User Content"). By uploading User Content, you grant us a limited, non-exclusive license to use, process, and display such content solely for the purpose of providing the Services.

11.2 Data Responsibility

You are solely responsible for the accuracy, quality, and legality of User Content and the means by which you acquired such content. You represent and warrant that you have all necessary rights and consents to upload and use User Content through the Services.

11.3 Data Backup

While we implement reasonable backup procedures, you are responsible for maintaining your own backups of User Content. We are not liable for any loss or corruption of User Content.

12. Intellectual Property

12.1 Our Intellectual Property

The Services, including all content, features, and functionality (excluding User Content), are owned by HN30 LLP and are protected by copyright, trademark, patent, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.

12.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

13. Third-Party Services

The Services may integrate with or contain links to third-party websites, services, or applications. We are not responsible for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk and subject to the terms and conditions of those services.

14. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MESSAGESYNC.AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Services;
• Any conduct or content of any third party on the Services;
• Any content obtained from the Services; or
• Unauthorized access, use, or alteration of your transmissions or content.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

16. Indemnification

You agree to defend, indemnify, and hold harmless HN30 LLP and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any third-party rights.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the India, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the language of arbitration shall be English.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

19. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

• Your right to use the Services will immediately cease.
• You must immediately cease all use of the Services and delete any downloaded materials.
• We may delete or retain your data in accordance with our data retention policies.

20. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and HN30 LLP regarding the Services.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

21. Contact Information

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