Terms of Service

Please read these Terms of Service ("Terms") carefully before using MessagingFox ("Service", "App", "Platform"). By accessing or using MessagingFox, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you ("User", "you") and MessagingFox ("Company", "we", "us"). These Terms apply to all users globally, including those in the European Union, the United States, and India.

By creating an account, downloading the app, or visiting our website, you confirm that:

• You are at least 13 years old (or 16 in the EU/EEA)
• You have the legal capacity to enter into a binding agreement
• You will comply with all applicable laws and these Terms

2. Description of Service

MessagingFox is a messaging platform available on web and mobile that allows users to send messages, share media, create groups, and communicate in real time. Features may include:

• Direct and group messaging
• File, photo, and video sharing
• Voice and video calling
• Status updates and reactions
• Premium subscription features

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. Account Registration & Security

To use MessagingFox, you must create an account. You agree to:

• Provide accurate, complete, and current registration information
• Maintain the confidentiality of your password and account credentials
• Notify us immediately of any unauthorized access at security@messagingfox.com
• Be responsible for all activities that occur under your account

We reserve the right to suspend or terminate accounts that are inactive for 12+ consecutive months, with prior notice.

4. Acceptable Use Policy

4.1 You MAY:

• Use MessagingFox for personal and professional communication
• Share content you own or have rights to share
• Use the platform in compliance with all applicable laws

4.2 You MAY NOT:

• Send spam, unsolicited bulk messages, or phishing content
• Harass, threaten, abuse, or impersonate others
• Share illegal content, including child sexual abuse material (CSAM)
• Distribute malware, viruses, or harmful code
• Reverse engineer, decompile, or attempt to extract source code
• Use automated bots or scrapers without written permission
• Violate intellectual property rights of others
• Attempt to gain unauthorized access to systems or other users' data
• Use the Service to facilitate illegal activities

Violations may result in immediate account suspension or termination without refund.

5. User Content

5.1 Your Ownership

You retain ownership of all content you create and share on MessagingFox. By posting content, you grant us a limited, non-exclusive, royalty-free license to host, store, and transmit that content solely for the purpose of operating the Service.

5.2 Our Rights

We do not claim ownership over your messages or content. We will not use your private messages for advertising purposes.

5.3 Content Moderation

We reserve the right to remove content that violates these Terms or applicable law, and to report illegal content to authorities as required.

6. Privacy & Data Protection

Your use of MessagingFox is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Key data protection provisions:

• GDPR compliance for EU/EEA users
• CCPA/CPRA compliance for California users
• DPDP Act 2023 compliance for Indian users
• We do not sell your personal data to third parties

See our full Privacy Policy at: messagingfox.com/privacy-policy

7. Intellectual Property

All intellectual property in the MessagingFox name, logo, design, software, and content (excluding user-generated content) is owned by or licensed to MessagingFox. You are granted a limited, non-exclusive, non-transferable license to use the app for personal and internal business purposes.

You may not use our trademarks, logos, or brand elements without prior written consent.

8. Premium Services & Payments

• Subscription fees are charged in advance and are non-refundable except where required by law
• Prices are subject to change with 30 days notice
• Cancellations take effect at the end of the current billing period
• EU users have a 14-day cooling-off right for digital services under the EU Consumer Rights Directive
• For payment disputes, contact billing@messagingfox.com within 30 days of the charge

9. Third-Party Services & Links

MessagingFox may integrate with or link to third-party services (e.g., cloud storage, payment providers). We are not responsible for the privacy practices or content of third parties. Your use of third-party services is governed by their respective terms and policies.

10. Disclaimers & Limitation of Liability

10.1 Service Disclaimer

MessagingFox is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or uninterrupted availability.

10.2 Limitation of Liability

To the maximum extent permitted by applicable law, MessagingFox shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of data, revenue, profits, or goodwill
• Damages arising from unauthorized access to your account
• Service interruptions or errors

Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim.

Note: Some jurisdictions (including the EU and certain US states) do not allow exclusion of certain warranties or limitations of liability. These limitations apply to the fullest extent permitted by law.

11. Indemnification

You agree to indemnify and hold harmless MessagingFox, its affiliates, officers, employees, and agents from any claims, damages, liabilities, and expenses (including legal fees) arising from your violation of these Terms, misuse of the Service, or infringement of any third-party rights.

12. Termination

Either party may terminate this agreement at any time:

• You may delete your account at any time via Settings > Account > Delete Account
• We may suspend or terminate your account for violations of these Terms, with or without notice
• Upon termination, your right to use the Service ceases immediately
• Sections 5, 7, 10, 11, and 14 survive termination

13. Governing Law & Dispute Resolution

13.1 General

These Terms are governed by the laws of India, without regard to conflict of law principles.

13.2 For EU/EEA Users

Nothing in these Terms affects your statutory rights as a consumer under EU law. Disputes may be submitted to the Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

13.3 For Indian Users

Disputes shall be subject to the exclusive jurisdiction of courts in Kozhikode, India, and governed by Indian law including the IT Act, 2000 and the DPDP Act, 2023.

13.4 For US Users

You agree to resolve disputes through binding individual arbitration under the AAA Consumer Arbitration Rules. Class action waiver applies to the fullest extent permitted by law.

14. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and MessagingFox
• Severability: If any provision is found unenforceable, the remaining provisions remain in full force
• Waiver: Failure to enforce any provision does not constitute a waiver
• Assignment: You may not assign these Terms without our written consent
• Force Majeure: We are not liable for failures due to circumstances beyond our reasonable control
• Language: These Terms are drafted in English. Translations are for convenience only; the English version controls

15. Changes to These Terms

We may update these Terms from time to time. For material changes, we will:

• Notify you by email and/or in-app notification at least 30 days before changes take effect
• Post the revised Terms with an updated effective date

Continued use after the effective date constitutes acceptance of the new Terms.

16. Contact Us

For questions about these Terms:

• Email (Legal): legal@messagingfox.com
• Email (Privacy): privacy@messagingfox.com
• Address: MessagingFox, Second Floor, Yamuna Arcade, Kallai Rd opposite to Whiteline Hotel, Palayam, Kozhikode, Kerala 673004
• Response time: within 10 business days