• Terms & Conditions

Terms & Conditions

Last updated: 1 January 2026‍
These Terms & Conditions (“Terms”) govern your access to and use of the MessageWorks website, platform, and related services (collectively, the “Service”), operated by MessageWorks (“MessageWorks,” “we,” “us,” or “our”).

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not access or use the Service.
1.

Interpretation and Definitions

1.1

Interpretation

Words with capitalized initial letters have meanings defined under the following conditions. These definitions apply regardless of whether the terms appear in singular or plural form.
1.2

Definitions

For the purposes of these Terms:
Company refers to MessageWorks.
Service refers to the MessageWorks website, application, and related services.
User refers to the individual or legal entity accessing or using the Service.
Account means a registered account created to access the Service.
Content means any text, data, materials, or information submitted, generated, or processed through the Service.
Subscription means a paid or trial-based right to access certain features of the Service.
2.

Eligibility and Account Registration

The Service is intended solely for business and professional use. By accessing or using the Service, you represent and warrant that you are at least eighteen (18) years of age and that you have the legal authority to enter into these Terms on behalf of yourself or the organization you represent.

Access to certain features of the Service may require the creation of an account. When registering an account, you agree to provide accurate, current, and complete information and to keep such information up to date for as long as you maintain an account with MessageWorks. You are responsible for ensuring that any information associated with your account remains accurate and lawful.

You are solely responsible for maintaining the confidentiality of your account credentials, including usernames, passwords, and access tokens, and for all activities that occur under your account. MessageWorks will not be liable for any loss or damage arising from unauthorized access to your account resulting from your failure to safeguard your credentials.

If you are accessing the Service on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms and that your organization will be responsible for all use of the Service under its account. All actions taken through an organizational account are deemed to have been authorized by the organization.

MessageWorks reserves the right to refuse registration, suspend access, or terminate accounts at its discretion, including where we reasonably believe that account information is inaccurate, incomplete, misleading, or where account activity poses a legal, security, or operational risk.
3.

Use of the Service

You may access and use the Service solely for lawful business purposes and in accordance with these Terms. The Service is designed to support professional teams in positioning, messaging, and go-to-market work, and may not be used for personal, consumer, or unlawful activities.

You agree to use the Service in a manner that does not interfere with, disrupt, or degrade the integrity, security, or performance of the Service or the systems and networks that support it. You may not attempt to gain unauthorized access to any portion of the Service, other users’ accounts, or underlying infrastructure, nor may you bypass, disable, or otherwise circumvent any security or access controls implemented by MessageWorks.

You are responsible for ensuring that all use of the Service under your account complies with applicable laws, regulations, and internal policies of your organization. This includes ensuring that any content, data, or materials submitted to or generated through the Service do not infringe intellectual property rights, confidentiality obligations, or other legal rights of third parties.

The Service may include features that leverage automated systems or artificial intelligence to generate insights, content, or recommendations. You acknowledge that such outputs are provided to support professional judgment and decision-making and that you remain solely responsible for reviewing, validating, and determining the appropriateness of any outputs before relying on them in business, marketing, or strategic contexts.

MessageWorks reserves the right to monitor usage of the Service to ensure compliance with these Terms, to protect the security and integrity of the Service, and to prevent misuse or abuse. Where we reasonably believe that use of the Service violates these Terms, applicable law, or poses a risk to MessageWorks or other users, we may suspend or restrict access to the Service, in whole or in part, with or without notice as permitted by law.

Nothing in these Terms grants you the right to use the Service in a manner that implies endorsement by MessageWorks, misrepresents the capabilities of the Service, or suggests that outputs generated by the Service constitute legal, financial, or professional advice.
4.

Subscriptions, Trials, and Fees

Access to certain features or functionality of the Service may require a paid subscription or participation in a trial or early access program. The specific terms of any subscription, including available features, pricing, billing frequency, and applicable limitations, will be presented to you at the time you select or activate such subscription.

MessageWorks may offer trial access or early access programs at its discretion. Such access is provided for evaluation purposes only and may be subject to limitations or changes as the Service evolves.
4.1

Subscription and Billing Terms

Subscriptions may include the following conditions, depending on the plan selected:
Subscription fees are billed in advance on a recurring basis according to the billing cycle chosen at the time of purchase.
Fees are exclusive of applicable taxes, duties, or government charges, which may be added where required by law.
Payment is processed using the payment method you provide, and you authorize MessageWorks or its payment processor to charge applicable fees.
Subscription fees are non-refundable and non-cancellable once charged, except where required by applicable law or expressly agreed in writing.
Failure to pay fees when due may result in suspension or termination of access to the Service.
4.2

Trials and Early Access

Trial and early access programs are intended to allow evaluation of the Service and may include reduced functionality, usage limits, or feature restrictions. MessageWorks reserves the right to modify, suspend, or terminate trial or early access access at any time, with or without notice, to the extent permitted by law.
4.3

Pricing Changes

MessageWorks may update pricing, subscription plans, or fee structures from time to time. Any changes will apply prospectively and, where required, will be communicated in advance. Continued use of the Service after such changes take effect constitutes acceptance of the updated pricing.
5.

Content and Data

5.1

User Content

You retain ownership of Content you submit to the Service. By using the Service, you grant MessageWorks a limited, non-exclusive, worldwide license to host, process, and display Content solely to operate and improve the Service.

You represent that you have all necessary rights to submit such Content.
5.2

AI-Generated Content

The Service may generate content or insights using artificial intelligence and automated models.

AI-generated outputs are provided for informational and strategic support purposes only. You are responsible for reviewing and validating outputs before relying on them in business decisions.

MessageWorks does not guarantee the accuracy, completeness, or suitability of AI-generated content.
6.

Intellectual Property

All rights, title, and interest in and to the Service, including the software, underlying models, workflows, interfaces, designs, documentation, and any related intellectual property, are and shall remain the exclusive property of MessageWorks or its licensors.

Nothing in these Terms grants you any ownership rights in the Service or any part of it. You are granted a limited, non-exclusive, non-transferable, revocable right to access and use the Service solely for your internal business purposes and in accordance with these Terms.

You may not copy, modify, distribute, sublicense, sell, lease, reverse engineer, or create derivative works of the Service, except to the extent such restrictions are prohibited by applicable law.
7.

Confidentiality

In connection with your use of the Service, you may receive access to confidential or proprietary information belonging to MessageWorks, including non-public product details, technical information, and business materials. Likewise, MessageWorks may receive confidential information from you or your organization.

Each party agrees to protect the other party’s confidential information using reasonable care and to use such information solely for purposes related to the Service. Confidential information shall not be disclosed to third parties except as required to operate the Service or as required by law.

Confidential information does not include information that is publicly available through no fault of the receiving party, independently developed without reference to the confidential information, or lawfully obtained from a third party without restriction.
8.

Termination

MessageWorks may suspend or terminate your access to the Service at any time if you breach these Terms, if your use poses a security or legal risk, or if continued operation is no longer commercially or legally feasible.

You may stop using the Service at any time. Upon termination, your right to access and use the Service will immediately cease. Any provisions which by their nature should survive termination, including intellectual property, confidentiality, disclaimers, and limitation of liability, shall survive.

Termination does not relieve you of any obligations accrued prior to termination.
9.

Disclaimers

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. MessageWorks makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, regarding the Service.

Without limiting the foregoing, MessageWorks disclaims any warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or non-infringement. We do not warrant that the Service will meet your requirements, operate uninterrupted, or be free from errors or defects.

Any reliance on the Service, including AI-generated insights or outputs, is at your own discretion and risk.
10.

Limitation of Liability

To the maximum extent permitted by applicable law, MessageWorks shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, even if we have been advised of the possibility of such damages.

In no event shall MessageWorks’ total aggregate liability arising out of or related to the Service exceed the amount paid by you to MessageWorks during the twelve (12) months preceding the event giving rise to the claim, or, if no fees were paid, a reasonable nominal amount as permitted by law.

These limitations apply regardless of the legal theory on which the claim is based.
11.

Indemnification

You agree to indemnify, defend, and hold harmless MessageWorks and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses arising out of or related to your use of the Service, your Content, or your violation of these Terms or applicable law.

MessageWorks reserves the right to assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate reasonably in such defense.
12.

Governing Law

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

Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the competent courts of that jurisdiction, unless otherwise required by applicable law.
13.

Changes to These Terms

MessageWorks may modify these Terms from time to time to reflect changes in the Service, applicable laws, or business practices. When changes are made, we will update the “Last updated” date at the top of this page.

Your continued use of the Service after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Service.
14.

Contact Information

If you have questions about these Terms, you may contact us at:
Email: legal@messageworks.com