Terms and Conditions

1. Introduction and Acceptance of Terms

Welcome to OnMessage ("we," "our," or "us"). By creating an account, accessing, or using our AI-powered brand messaging platform (the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and OnMessage. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Service after any modifications indicates your acceptance of the updated Terms.

2. Description of Service

OnMessage is an AI-powered platform designed to help businesses and agencies create, manage, and test brand messaging. The Service utilizes artificial intelligence to generate content suggestions, analyze brand voice, and provide messaging recommendations based on user inputs and preferences.

3. Account Registration and Security

To use the Service, you must create an account by providing accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring that your account information remains current and accurate

You must be at least 18 years old to create an account and use the Service. By creating an account, you represent and warrant that you meet this age requirement.

4. Subscription and Payment Terms

Access to the Service may require a paid subscription. By subscribing, you agree to pay all applicable fees in accordance with the pricing plan selected. Subscription fees are billed in advance on a recurring basis (monthly or annually, as applicable).

All fees are non-refundable except as required by law or as expressly stated in these Terms. We reserve the right to modify pricing with 30 days' notice. Your continued use after price changes constitutes acceptance of the new pricing.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You expressly agree NOT to use OnMessage to create, store, generate, transmit, or distribute any content that is:

• Sexually explicit, pornographic, or obscene: Any content depicting or describing sexual acts, nudity, or content intended to arouse sexual excitement
• Lewd, vulgar, or offensive: Content that is gratuitously crude, profane, or designed to shock or offend
• Illegal or promoting illegal activities: Content that violates any applicable law, regulation, or promotes criminal conduct, including but not limited to fraud, drug trafficking, weapons sales, or money laundering
• Harassing, threatening, or defamatory: Content that bullies, intimidates, threatens, or harms any individual or group
• Discriminatory or hateful: Content that promotes discrimination, hatred, or violence based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other protected characteristic
• Harmful to minors: Any content that exploits, endangers, or is inappropriate for persons under 18 years of age
• Infringing on intellectual property: Content that violates the copyright, trademark, trade secret, or other intellectual property rights of any third party
• Deceptive or fraudulent: Content designed to mislead, deceive, or defraud others, including phishing attempts or impersonation
• Malicious: Content containing viruses, malware, or code designed to harm systems or users
• Spam or unsolicited communications: Using the Service to generate or distribute unsolicited bulk communications

Violation of this Acceptable Use Policy may result in immediate termination of your account without refund, and we reserve the right to report any illegal activities to appropriate law enforcement authorities.

6. AI-Generated Content Disclaimer

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY.

OnMessage utilizes artificial intelligence and machine learning technologies to generate content suggestions and recommendations. While we strive for accuracy and quality, you acknowledge and agree that:

• AI outputs are provided "as-is" without any warranty of accuracy, completeness, reliability, or fitness for any particular purpose
• AI-generated content may contain errors, inaccuracies, inconsistencies, inappropriate suggestions, or factual mistakes
• You are solely responsible for reviewing, editing, verifying, and approving all AI-generated content before any use or publication
• OnMessage expressly disclaims all liability for any damages, losses, claims, or consequences arising from your use of or reliance on AI-generated content
• AI-generated content should not be used as a substitute for professional advice, including but not limited to legal, medical, financial, or other specialized professional guidance
• You assume all risks associated with the use of AI-generated content in your business communications, marketing materials, or any other application

By using the Service, you acknowledge that artificial intelligence technology is inherently imperfect and that the quality and appropriateness of generated content may vary. You agree to exercise your own judgment and due diligence when using any AI-generated content.

7. Intellectual Property Rights

Your Content: You retain ownership of all content, data, and materials you submit to the Service ("User Content"). By submitting User Content, you grant us a limited, non-exclusive license to process, store, and analyze your content solely for the purpose of providing the Service.

Our Platform: The Service, including all software, designs, text, graphics, interfaces, and other content developed by the OnMessage team as part of the platform, is our exclusive property and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our platform without express written permission.

AI-Generated Content: Content generated by the Service using your inputs becomes your property upon generation, subject to these Terms and any applicable third-party rights.

8. Data Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

We implement reasonable security measures to protect your data. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security of your information.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONMESSAGE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or business opportunities
• Any damages arising from your use of or inability to use the Service
• Any damages arising from AI-generated content or its use
• Any third-party claims arising from your use of the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless OnMessage and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms
• Your User Content
• Your use of AI-generated content
• Your violation of any third-party rights
• Any claim that your use of the Service caused damage to a third party

11. Termination

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to:

• Violation of these Terms, including the Acceptable Use Policy
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Conduct that we determine to be harmful to other users or the Service

Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnity, and limitations of liability.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. For significant changes, we may also notify you via email or through the Service.

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.

13. Governing Law and Dispute Resolution

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

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and OnMessage concerning the Service and supersede all prior agreements, understandings, and communications.

16. Contact Information

If you have any questions about these Terms or the Service, please contact us at:

OnMessage
Email: contact@onmessage.app