1. Who we are and what these Terms cover
MessageMind is operated by TMMA SRLS (TMMA Società a Responsabilità Limitata Semplificata), Via Durazzo 28, 00195 Roma (RM), Italy. VAT IT17152861005 · Tax code 17152861005 · REA RM-1699774. Contact: [email protected].
These Terms of Service ("Terms") form a binding agreement between us and the business entity that opens an account ("Customer", "you"). By creating an account, placing an order or using the platform you accept these Terms.
The Privacy Policy, the Data Processing Agreement, the Cookie Policy and the Sub-processor List are incorporated by reference. Where a signed order form or master agreement conflicts with these Terms, that document prevails.
2. The service
MessageMind is a software platform that connects to messaging, email, voice and commerce channels you already use and runs an AI agent that drafts, sends and routes customer communication on your behalf, subject to the configuration you choose.
We are not a telecommunications carrier, a payment institution, a booking platform or a channel provider. Channels such as WhatsApp, Instagram, SMS, email, telephony, marketplaces and booking platforms are operated by third parties under their own terms.
3. Accounts and eligibility
The platform is offered to businesses and professionals only, not to consumers. You confirm that you are at least 18 years old and authorised to bind the entity you represent.
You are responsible for the accuracy of your account details, for every action taken under your credentials, and for keeping access secure. Tell us without undue delay if you suspect unauthorised access.
4. Plans, fees and billing
Paid plans are billed in advance for the selected period and renew automatically for the same period unless cancelled before the renewal date. Usage-based credits are consumed as described on the pricing page and do not carry over unless stated.
Prices exclude VAT and other applicable taxes, which are added where due. Payments are processed by our payment provider; we do not store full card details.
If payment fails we may suspend the service after notice. Except where mandatory law provides otherwise, fees already paid are non-refundable for periods already started.
5. Acceptable use
You must not use MessageMind to send unlawful, deceptive, harassing or infringing content, to send messages to people who have not given a lawful basis to be contacted, to impersonate another person or business, or to circumvent the rules of a connected platform.
You must not reverse engineer, resell or sublicense the platform, attempt to extract the underlying models, or use the service to build a competing product. Automated access outside documented interfaces is not permitted.
We may suspend an account or an individual integration immediately where we reasonably believe the law, these Terms or a connected platform's rules are being breached, or where a platform instructs us to do so.
6. Connected platforms and third-party channels
When you connect a third-party platform (for example WhatsApp Business, Meta, Google, Shopify, WooCommerce, a PMS, or a booking or travel marketplace), you authorise us to access that platform on your behalf using the permissions you grant.
You remain solely responsible for complying with the terms, developer policies and community rules of each connected platform. This includes rules on where conversations must take place, when contact details may be collected, how payments must be taken, and how reviews may be requested.
Our documentation and example content are illustrative only and are not advice that a specific message or flow is permitted on a specific platform. You must configure the agent so it stays inside the rules of the platform you connect it to.
A platform may change, restrict or withdraw its API at any time. If that happens we may modify or discontinue the corresponding integration without liability, and we will tell you where practicable.
7. Your data and our respective roles
You retain all rights in the content and data you or your customers submit. You grant us a limited licence to host, process and transmit it strictly to provide the service and as instructed by you.
For personal data processed through the platform on your behalf you act as controller and we act as processor. The Data Processing Agreement governs that processing. For personal data obtained from a third-party API, the allocation of roles is set out in the DPA.
You are responsible for having a lawful basis to contact the individuals you message, for providing them with the required notices, and for honouring their objections and opt-outs.
8. AI output and human oversight
The agent generates text and speech using probabilistic models. Output can be inaccurate, incomplete or unsuitable for a given situation, and it does not constitute legal, medical, financial or other professional advice.
You are responsible for reviewing and configuring the agent, for the guardrails you enable, and for the messages sent from your account. Keep meaningful human oversight for consequential, regulated or high-risk interactions.
9. Availability, support and changes
We aim for high availability but the service is provided without an uptime guarantee unless a service level is agreed in writing. Planned maintenance is announced where reasonably practicable.
We may add, change or remove features. We will not materially reduce the core functionality of a paid plan during a paid period without notice and, where the change is materially adverse, a right to terminate.
10. Intellectual property and confidentiality
The platform, its software, interfaces, documentation and trade marks remain our property or that of our licensors. Nothing in these Terms transfers ownership. "MessageMind" is a trade mark of TMMA SRLS.
Each party will keep the other's non-public information confidential, use it only for the agreement, and protect it with at least reasonable care. This does not apply to information that is public, independently developed, or required to be disclosed by law.
11. Warranties, disclaimers and liability
We provide the service with reasonable skill and care. To the extent permitted by law, all other warranties are excluded and the service is provided "as is", including as to uninterrupted operation, fitness for a particular purpose, and the accuracy of AI output.
To the extent permitted by law, neither party is liable for indirect or consequential loss, lost profits, lost revenue, lost data or lost goodwill. Our aggregate liability in any twelve-month period is limited to the fees you paid us for the service in that period.
Nothing limits liability for fraud, wilful misconduct, gross negligence, death or personal injury, or any other liability that cannot be limited under Italian law.
12. Term, suspension and termination
These Terms apply while you hold an account. You may cancel at any time with effect from the end of the current paid period. We may terminate for material breach that is not cured within 15 days of notice, or immediately in the cases listed in section 5.
On termination access ends and we delete or return customer data in line with the Data Retention Schedule and the DPA. You should export what you need before the account closes.
13. Changes to these Terms
We may update these Terms to reflect changes in the service, the law or platform requirements. We will publish the updated version here with a new "last updated" date and, for material changes, give reasonable advance notice. Continued use after the effective date constitutes acceptance.
14. Governing law, jurisdiction and contact
These Terms are governed by Italian law. The courts of Rome, Italy have exclusive jurisdiction, without prejudice to any mandatory jurisdiction that applies to a party.
Questions about these Terms: [email protected], or TMMA SRLS, Via Durazzo 28, 00195 Roma (RM), Italy.
