Termsof Use

1. Acceptance

These Terms of Use (“Terms”) form a binding agreement between Mtschat, a company registered in Singapore (“Mtschat”, “we”, “us”), and you, the person or organisation that creates an account or uses mtschat.com and the Mtschat platform (together, the “Service”). If you use the Service on behalf of an organisation, you confirm that you have authority to bind it, and “you” means that organisation.

By creating an account, clicking to accept, or using the Service, you agree to these Terms, our Privacy Policy and our Cookie Policy. If you do not agree, do not use the Service. If you have signed a separate written agreement with us, that agreement prevails where it conflicts with these Terms.

2. Eligibility

You must be at least 18 years old and able to form a binding contract. You must also meet Instagram’s own eligibility requirements and hold an Instagram professional (business or creator) account to connect it to Mtschat. You may not use the Service if you are barred from doing so under applicable law, including sanctions and export-control laws, or if we have previously terminated your account for breach.

3. Accounts

• Accurate information. Give us accurate, current information and keep it up to date.
• Credentials. Keep your Mtschat login secure and do not share it. Invite teammates as separate seats instead. You are responsible for all activity under your account, including your teammates’ actions.
• Connected accounts. You may connect only Instagram accounts you own or are authorised to manage. Mtschat connects through Meta’s official login and never asks for or stores your Instagram password.
• Notify us. Tell us promptly at security@mtschat.com if you suspect unauthorised access.

4. The Service

Mtschat is a no-code platform for automating Instagram conversations. It includes ready-made templates such as comment-to-DM, a drag-and-drop Flow Builder, sequences, a Team Inbox, contacts, broadcasts, Insights and integrations. Instagram is currently the only live channel; other channels may be added later.

We continually improve the Service and may add, change or remove features. If we remove a feature that is material to your use of a paid plan, we will give you reasonable notice and, if you choose to cancel as a result, a pro-rated refund of any prepaid fees for the unused period. Beta or preview features are offered as-is and may change or end at any time.

5. Plans and billing

5.1 Plans

We currently offer the following plans, described in full on our pricing page:

• Free — $0, up to 100 active contacts, up to 4 live automations, 1 channel and 1 seat.
• Starter — $11 per month, up to 1,000 active contacts, unlimited automations, 1 channel and 2 seats.
• Advanced — $139 per month, up to 25,000 active contacts, unlimited automations, 3 channels and 10 seats.

Every plan, including Free, includes all features. Plans differ only in active contacts, channels, seats and support level. Larger volumes are available by arrangement with our sales team. Prices are in US dollars unless stated otherwise.

5.2 Payment

Paid plans are billed in advance on a recurring basis and renew automatically until cancelled. You authorise us and our payment processor to charge your chosen payment method for each renewal. If a payment fails, we may retry it and, after notice, move your workspace to the Free plan or suspend paid features until payment is made.

5.3 Limits and upgrades

If you exceed your plan’s limits, we will let you know and ask you to upgrade. Automations may pause for new contacts above the limit until you do. Upgrades take effect immediately and are pro-rated; downgrades take effect at the start of the next billing period.

5.4 Cancellation

You can cancel anytime from your account settings. Your paid plan stays active until the end of the current billing period, after which your workspace moves to the Free plan. Cancelling does not delete your data: your automations, contacts and history stay in place, subject to Free plan limits, until you close your account or ask us to delete them. Except where required by law or stated in these Terms, fees already paid are non-refundable.

5.5 Taxes

Prices exclude taxes unless stated. You are responsible for any applicable sales, use, goods and services, value-added or similar taxes, which we will add to your invoice where we are required to collect them. If you are required to withhold tax, you must gross up payments so we receive the full amount invoiced.

5.6 Price changes

We may change our prices. We will give you at least 30 days’ notice by email or in the app before a price change affects your subscription, and the new price will apply from your next renewal after the notice period. If you do not agree, you may cancel before the change takes effect.

6. Acceptable use

Mtschat exists to help you answer people who want to hear from you — not to reach people who do not. You agree that you will:

• Only message people who initiated contact. Automations must respond to a comment, story reply, DM or other interaction that the recipient started. You must not use the Service for unsolicited messages.
• Respect Instagram’s messaging windows. Send standard messages only within the 24-hour window that opens when someone messages you, and use any exceptions only as Meta permits. Broadcasts reach only contacts who messaged within the last 24 hours.
• Follow Meta’s and Instagram’s rules, including Instagram’s Terms of Use and Community Guidelines, the Meta Platform Terms, and Meta’s messaging and commerce policies.
• Comply with the law, including laws on privacy, consumer protection, advertising, anti-spam and electronic marketing.
• Be transparent. Do not mislead people about who they are talking to, and offer a way to reach a human where appropriate.

You must not:

• send spam, bulk unsolicited messages or chain messages, or artificially inflate engagement;
• impersonate any person or organisation, or misrepresent your affiliation;
• send content that is unlawful, deceptive, harassing, hateful, sexually explicit, violent, or that infringes others’ rights;
• promote illegal goods or services, or goods and services restricted by Meta’s policies;
• collect sensitive data (such as payment card numbers, passwords, health or government identification data) through conversations, except as permitted by law and Meta’s policies;
• knowingly target or collect data from children;
• scrape, harvest or sell data obtained through the Service;
• distribute malware, phishing links or anything designed to harm devices or accounts;
• probe, scan, overload or attempt to break the Service’s security, or circumvent usage limits;
• reverse engineer, decompile or copy the Service, except where the law expressly allows; or
• resell or provide the Service to third parties, or use it to build a competing product, without our written consent.

We may review automations and content where reasonably necessary to investigate suspected breaches, comply with law, or respond to a request from Meta.

7. Customer content and licence

“Customer Content” means everything you or your contacts submit to the Service — automations, flows, messages, media, contact data, tags and imported files. As between you and us, you own your Customer Content.

You grant Mtschat a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit and display Customer Content only as needed to provide, secure and support the Service, and as otherwise instructed by you. This licence ends when the content is deleted from the Service, except for copies in backups that are overwritten in the ordinary course.

You are responsible for your Customer Content and confirm that you have all rights, notices and consents needed for us to process it as described in these Terms — including for any contact data you import. We may create aggregated, de-identified data about use of the Service to operate and improve it, provided it does not identify you or any individual.

8. Personal data

Our Privacy Policy explains how we handle personal data. For personal data of your contacts, you are the controller and Mtschat is your processor (or data intermediary under Singapore’s Personal Data Protection Act 2012). We will process that data only on your documented instructions, which include these Terms and your configuration of the Service, keep it confidential and secure, use bound sub-processors, assist you with data subject requests, notify you of personal data breaches without undue delay, and delete it at the end of the Service as described in our Privacy Policy. A data processing addendum is available on request at legal@mtschat.com.

9. Third-party platforms

The Service depends on Instagram and Meta’s APIs, which are provided by Meta Platforms, Inc. and are outside our control. Meta may change, limit, suspend or discontinue its APIs, features, permissions or policies at any time, and may restrict or disable Instagram accounts. We are not responsible for any outage, change or enforcement action by Meta, or for its effect on the Service, and such events do not entitle you to a refund except where we choose to provide one or the law requires it. We will make reasonable efforts to adapt the Service and to keep you informed.

Your use of Instagram is governed by your agreement with Meta. Mtschat is not affiliated with, endorsed by or sponsored by Meta or Instagram. Instagram, Facebook, Messenger and WhatsApp are trademarks of Meta Platforms, Inc.; other trademarks belong to their respective owners.

10. Integrations

The Service lets you connect third-party products, such as CRMs, email marketing tools, e-commerce stores and spreadsheets. When you enable an integration, you instruct us to exchange data with that product. Third-party products are governed by their providers’ terms and privacy policies, not ours. We do not control them, and we are not responsible for their availability, security or handling of data once it leaves Mtschat. We may change or discontinue an integration if the provider changes its service or terms.

11. API and webhooks

We provide a REST API and signed webhooks so you can connect Mtschat to your own systems. When you use them, you agree to:

• keep API keys and webhook signing secrets confidential and rotate them if they may have been exposed;
• verify webhook signatures before trusting payloads;
• stay within documented rate limits and not use the API to circumvent plan limits or these Terms; and
• secure any endpoint that receives data from us, as you are responsible for data once delivered to it.

We may change the API with reasonable notice, and we will try to give at least 30 days’ notice of breaking changes unless a faster change is needed for security, legal or platform reasons. We may throttle or suspend API access that threatens the stability or security of the Service.

12. Intellectual property

The Service — including its software, design, templates, documentation, and the Mtschat name and logo — is owned by Mtschat or its licensors and is protected by intellectual property laws. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal business purposes during your subscription. All rights not expressly granted are reserved. You may not use our trademarks without our prior written consent.

13. Feedback

If you send us suggestions, ideas or other feedback, we may use them freely, without obligation or payment to you. Feedback does not include your Customer Content or confidential information.

14. Confidentiality

Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential (“Confidential Information”). The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and disclose it only to employees, contractors and advisers who need to know it and are bound by similar obligations. These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or is lawfully received from a third party without restriction. A party may disclose Confidential Information where legally required, after giving the other party prompt notice where lawful.

15. Suspension and termination

By you

You may stop using the Service and close your account at any time from your account settings or by contacting us.

By us

We may suspend or restrict access to the Service, in whole or in part, immediately if we reasonably believe that:

• you have breached the acceptable use rules or these Terms;
• your use poses a security risk or could harm the Service, other customers, their contacts or Meta’s platform;
• we are required to do so by law or by Meta; or
• your payment is overdue after notice.

Where practical, we will tell you beforehand and give you a chance to fix the issue. We may terminate your account on 30 days’ notice for any reason, or immediately for a serious or repeated breach. If we terminate for convenience, we will refund any prepaid fees for the unused period.

Effect of termination

On termination, your right to use the Service ends. You may export your contact data before closing your account. We will delete Customer Content as described in our Privacy Policy. Sections that by their nature should survive — including fees owed, content licences needed to wind down, intellectual property, confidentiality, disclaimers, limitation of liability, indemnity and governing law — survive termination.

16. Disclaimers

We work hard to keep Mtschat reliable, but to the fullest extent permitted by law, the Service is provided “as is” and “as available”. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that every message will be delivered, or that use of the Service will produce any particular result, such as more followers, sales or conversions. Nothing in these Terms excludes any warranty or right that cannot be excluded under applicable law, including consumer protection law.

17. Limitation of liability

To the fullest extent permitted by law:

• neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill or data, however caused, even if advised of the possibility; and
• each party’s total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the fees you paid to Mtschat in the 12 months before the event giving rise to the claim, and (b) US$100.

These limits do not apply to your payment obligations, your breach of the acceptable use rules, either party’s indemnity obligations, or liability that cannot be limited by law, such as for fraud, or for death or personal injury caused by negligence.

18. Indemnity

You will defend, indemnify and hold harmless Mtschat and its officers, employees and agents from and against any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of your Customer Content, your use of the Service in breach of these Terms or applicable law, or your violation of Meta’s or Instagram’s terms or policies. We will notify you promptly of any such claim, give you reasonable control of its defence and settlement (provided you do not settle in a way that imposes obligations on us without our consent), and provide reasonable cooperation at your expense.

19. Governing law and disputes

These Terms, and any dispute or claim arising out of or in connection with them or the Service, are governed by the laws of the Republic of Singapore, without regard to conflict-of-laws principles.

Before starting formal proceedings, each party agrees to try to resolve a dispute informally by contacting the other in writing and negotiating in good faith for at least 30 days. Notices to us should go to legal@mtschat.com.

Any dispute that is not resolved informally shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC in force at the time. The seat of arbitration is Singapore, the tribunal will consist of one arbitrator, and the language of the arbitration is English. Subject to this clause, the courts of Singapore have exclusive jurisdiction, and either party may seek urgent injunctive or interim relief from any court of competent jurisdiction to protect its intellectual property or Confidential Information.

Where you are a consumer and the law of your country of residence gives you mandatory rights or access to local courts that cannot be waived, nothing in this section limits those rights.

20. General

• Entire agreement. These Terms, together with the policies referenced in them, are the entire agreement between us about the Service.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets, with notice to you.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including outages or changes at Meta or other third-party platforms.
• Severability. If any provision is held unenforceable, the rest remains in effect, and the provision will be modified to the minimum extent needed to make it enforceable.
• No waiver. A failure to enforce a provision is not a waiver of our right to do so later.
• Independent parties. We are independent contractors. Nothing in these Terms creates a partnership, agency or employment relationship.
• Third-party rights. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any of its terms.
• Notices. We may send notices to the email address on your account or in the app. You may send notices to legal@mtschat.com.
• Language. These Terms are written in English. If we provide a translation, the English version prevails.

21. Changes to these terms

We may update these Terms from time to time. The “Last updated” date above shows when they last changed. For material changes, we will give you at least 30 days’ notice by email or in the app before they take effect, unless a change is required sooner by law or by Meta. If you continue to use the Service after changes take effect, you accept the updated Terms. If you do not agree, you may cancel before they take effect.

22. Contact

Questions about these Terms can be sent to legal@mtschat.com. For help with the product, contact support@mtschat.com; for privacy matters, privacy@mtschat.com. You can also reach us through our contact page.

Related: Privacy Policy · Cookie Policy · Security