Last updated: April 21, 2025

These Terms and Conditions (“Terms” or “Agreement”) govern the use of the MessageMind platform and associated services (collectively, “Services”) provided by TMMA SRLS, VAT IT17152861005, with its registered office at VIA DURAZZO 28 – 00195 – ROMA (RM), Italy (“Company”), available through the website messagemind.ai and its subdomains (collectively, “Platform”). By accessing or using the Platform and Services, Customers agree to abide by these Terms in their entirety.

Customers acknowledge that the Data Processing Agreement (“DPA”) and Privacy Policy, both accessible on the Platform, are integral components of these Terms. Acceptance of these Terms implies that Customers have read, understood, and consent to adhere to all provisions herein.

Definitions

In these Terms:

• “End Users”: Individuals interacting with Customer Domains using MessageMind, including but not limited to websites, marketplaces, blogs, and social media platforms.

• “Intellectual Property Rights”: Copyrights, trademarks, patents, software code rights, trade secrets, and all related intellectual property rights.

• “Customer Domains”: Any online properties or social media channels belonging to the Customer integrated with the MessageMind platform.

• “Software”: The proprietary MessageMind platform enabling AI-driven chatbot functionality and integrations with third-party services such as Google, LinkedIn, Facebook/Meta, Twilio, AME, and custom APIs.

Services Provided

Under a global, non-exclusive, and non-transferable Software-as-a-Service (SaaS) license, the Company provides Customers with:

• Access to the MessageMind Platform

• Routine software maintenance and periodic updates

• Integration support for Customer Domains

• Customization and AI training for chatbot interactions

• Reporting, analytics, and insights

• Dedicated technical support

Account Registration and Responsibilities

Customers must:

• Register by providing accurate and complete information

• Maintain confidentiality of account credentials

• Notify the Company immediately of unauthorized access or security breaches

Subscription, Billing, and Cancellation Policy

Customers are required to provide valid billing information. MessageMind subscriptions are available on monthly or yearly billing cycles, charged automatically according to the selected plan. Additional charges may apply for usage exceeding plan limits, as defined by the specific MessageMind offer.

Subscriptions renew automatically at the end of each billing cycle unless explicitly canceled by the Customer. Customers may cancel or modify their subscription plan at any time through their account settings. However, subscription fees and additional usage charges are non-refundable under any circumstances, including but not limited to the cancellation or downgrading of subscriptions or services. No refunds or credits will be provided for partial months or unused periods.

Duration and Termination

These Terms are effective for a period of twelve (12) months from the acceptance date and automatically renew annually unless terminated according to these Terms. The Company reserves the right to terminate immediately and without notice any Customer account found to be in violation of these Terms or applicable laws.

Modification of Terms

The Company reserves the right to amend these Terms at its discretion. Customers will be informed of any changes via email and Platform notifications at least thirty (30) days in advance.

Customer Obligations

Customers agree not to:

• Bypass or disable Platform security measures

• Reverse engineer or attempt to decompile the Software

• Modify, distribute, or resell Services without explicit authorization

Intellectual Property Rights

The Company retains ownership of all Intellectual Property Rights associated with the Platform and Software. Customers receive no intellectual property rights beyond the usage rights explicitly outlined in these Terms.

Data Protection and Privacy

The Company processes personal data in compliance with GDPR and acts as a data processor for End User data collected via Customer Domains. Customers acknowledge they are data controllers and must comply with all relevant data protection legislation as detailed in the DPA.

Force Majeure

The Company shall not be liable for any failure to perform its obligations under these Terms due to circumstances beyond its control, including war, natural disasters, pandemics, or other unforeseen events.

Limitation of Liability

The Company’s liability to Customers is strictly limited to the amount of subscription fees paid by the Customer during the current billing cycle. The Company will not be liable for any indirect, incidental, special, consequential damages, or loss of data or profit arising from or related to the use or inability to use the Services.

Non-Transferability

Customers may not assign, transfer, or sublicense their rights and obligations under these Terms without the prior written consent of the Company.

Communication

All official communications must be directed to [email protected], by phone, or through other methods available at https://messagemind.ai/contact. Official notifications from the Company will be sent to the email address provided during registration.

Governing Law and Jurisdiction

These Terms and all disputes arising hereunder shall be governed by Italian law. The Court of Rome, Italy, shall have exclusive jurisdiction over any claims or disputes.

Acceptance of Critical Clauses

Customers expressly acknowledge and accept the following articles: 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 15.

Consent Revision

Customers can review and update their consent and preferences by contacting us