Terms and Conditions

 Welcome to Messages: SMS & Text Messaging

These Terms & Conditions ("Terms") govern your use of the "Messages: Chat & SMS Text App" . By using the App, you agree to these Terms. If you do not agree with these Terms, please do not use the App.

1. Acceptable Use

You are expected to use the App responsibly and legally. Prohibited activities include but are not limited to harassment, unauthorized access, spamming, or any other unlawful or malicious use of the App.

2. EU User Consent Policy

This Privacy Policy (“Privacy Policy”), is an integral part of our End User License Agreement (“EULA”), and governs the processing and transfer of personal data collected or processed by Company. (“Company”, “we”, “us” or “our”) when you accessing or using our mobile application or our services, all as detailed in the applicable EULA (respectively the “App” and “Service”).

Any capitalized terms not defined herein shall have the meaning ascribed to them in the EULA.

This Privacy Policy explains what data we may collect from you, how such data may be used or shared with others, how we safeguard it and how you may exercise your rights related to your Personal Data (as defined below), among others, and where applicable, as required according to the EU General Data Protection Regulation (“GDPR”),the Brazilian General Data Protection Law (as amended by Law No. 13,853/2019) (“LGPD”), the California Consumer Privacy Act (“CCPA”) and other US states as further detailed below.

This Privacy Policy explains our data collection practices that are applicable to any users of our App or our Services (“you” or “your”).

3. Subscription : 

Certain premium service is subject to subscriptions fees that automatically renew (“Subscription”). Premium features are available subject to a weekly, monthly or yearly Subscriptions or otherwise a onetime payment. Subscription is automatically renewed unless you terminate or cancel the Subscription. The Subscription payment is processed through Apple Pay or Google Pay and subject to the applicable terms and conditions: Google Pay’s Terms of Service are available here; Apple Pay’s Terms and Conditions are available here. You may cancel your subscription plan anytime through Apple Pay or Google Pay, as applicable to you. Should you choose to cancel your Subscription, your access to the paid features will continue through the end of your billing period, as applicable, and expire thereafter, and you may be downgraded to the free Services. To the extent permitted by applicable law, any fees paid for your purchase of a subscription plan are non-refundable, and we do not provide refunds for any partial subscriptions. To read more on the cancelation of a subscription: Apple support page and Google support page. We may offer a free trial for premium features (“Free Trial”) as shall be determined by us in our sole discretion. The Free Trial starts when you register to the Free Trial and is for a limited period of time with an auto renew unless you cancel at least 24-hours before the end of the trial period. The terms of the autorenewal and cancellation procedure will be disclosed prior to making the purchase and are subject to Google or Apple terms. When you sign up for a Free Trial, you agree that we may automatically begin charging you for the Services on the first day following the end of the Free Trial on a recurring periodic basis in accordance with the subscription period you have selected when you sign up for a Free Trial. We will notify you via your email address that your Free Trial period is about to expire before the end of the Free Trial. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE SUBSCRIPTION BEFORE THE END OF THE FREE TRIAL. We reserve the right to limit your ability to take advantage of multiple trials. We reserve the right, at our own discretion, to change any features or functionalities of the Subscription. Changes to the Subscription can be based on various factors, e.g., improving, managing the Services, complying with requirements or legal or technical requirements. Where such changes negatively affect an existing Subscription in more than a limited way, you will be informed and may terminate the Subscription. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Services, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).  

4. In App Purchase Terms : 

Through the App you may purchase (“IAP”) certain goods and special features designed to enhance the performance and user experience of the Services (“Goods”). When you purchase Goods, you are doing it through the Apple Store, Google Play, and/or other app store (collectively, “App Stores” and each an “App Store”), and you are agreeing to their respective Terms of Use. PURCHASES ARE SUBJECT TO APP STORE REFUND POLICIES. As hereinafter provided, Goods are provided “as is” without any warranty. Every purchase, sale, and trade of Goods shall be final and non-refundable, unless otherwise determined by us at our sole discretion. You agree that purchased Goods have no monetary value and do not constitute actual currency or property of any type. The Goods may never be sold, transferred, traded or exchanged through any legally acceptable payment method, goods or other items of monetary value from us or anyone else. You only get a limited, revocable, personal, non-transferable, and non-sublicensable license to use Goods. You acknowledge that you do not acquire any ownership rights in or to the Goods. Any balance of Goods does not reflect any stored value. You may not buy or sell any Goods or your account in exchange for legally acceptable money or otherwise exchange items for any other kind of value through any means other than that established to provide the Services. Once you acquire Goods, you may not trade or transfer the Goods or your account to another user, unless such functionality is provided to you by us by way of a feature or service, whether inside the App or through some other method. We may manage, control, regulate, modify or eliminate Goods at any time, with or without notice, in our sole discretion. We shall have no liability to you or any third party in the event that we decide to exercise these rights. All Goods may be forfeited if your account is suspended or terminated for any reason, at our sole discretion. You will not receive money or other compensation for unused Goods when your account is closed whether such closure was voluntary or involuntary. Certain jurisdictions may provide additional statutory rights, including a Cooling-Off Period which allows you to withdraw from a purchase. Nothing herein is meant to limit your return or withdrawal rights for your purchase of Goods under applicable laws.  

5. Privacy and Data Handling

Your messages and data within the App are treated with the utmost privacy and security. Please refer to our Privacy Policy for detailed information on how your data is collected, used, and protected.

6. User Responsibilities

You are responsible for complying with these Terms and all applicable laws. The App must not be used for fraudulent, harmful, or unethical purposes. You must not interfere with the App's functionality or engage in any behavior that disrupts the experience of other users.

7. Account Suspension and Termination

If you violate these Terms, we reserve the right to suspend or terminate your account without prior notice. We may also take legal action if your actions result in damage to the App or its users.

8. Support and Contact Information

For any inquiries or issues related to the App, please contact us at [Insert your contact details]. We will make our best efforts to provide support and assistance promptly.

9. Updates and Notifications

To stay informed about new features, updates, and important notifications, regularly check for updates within the App. We may also send you notifications via the contact information provided in your account settings.

10. Changes to Terms

We reserve the right to modify these Terms at any time. Users will be notified of such changes, and continued use of the App will constitute acceptance of the revised terms.

11. Dispute Resolution

Any disputes or claims arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the relevant courts.