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Terms & Conditions

Last updated: January 2026

These Terms & Conditions (“Terms”) govern your access to and use of Mersal (“Mersal”, “we”, “us”, or “our”), a cloud-based communication platform providing SMS and WhatsApp Business API enablement.

By accessing or using the Mersal platform, website, or services, you agree to be bound by these Terms. If you do not agree, you must not use the services.

1. Company Information

Mersal is operated by Mersal, Inc., a company incorporated in the United States. Services may be provided globally and are subject to applicable local regulations.

2. Services Description

Mersal provides businesses with tools including but not limited to:

  • SMS messaging services
  • WhatsApp Business API onboarding and messaging management
  • Automation, auto-replies, reminders, and bulk messaging
  • Contact management, analytics, and reporting

Mersal acts as a technology platform and service provider, not a telecommunications carrier.

3. Account Registration & Eligibility

  • You must be legally authorized to represent your business.
  • You are responsible for maintaining accurate account information.
  • You agree not to misuse the platform or violate applicable laws.
  • Mersal reserves the right to suspend or terminate accounts that breach these Terms or platform policies.

4. WhatsApp Business API Usage

When using WhatsApp services:

  • You acknowledge that WhatsApp services are governed by Meta/WhatsApp policies.
  • Message templates, content, and usage must comply with WhatsApp rules.
  • Mersal may suspend WhatsApp access if Meta enforces restrictions or violations occur.
  • Meta does not control or endorse Mersal’s platform features or business terms.
  • You acknowledge that WhatsApp onboarding and messaging depend on Meta systems and requirements (including business verification, phone number eligibility, and payment method requirements).

5. Pricing, Fees & Payments

Your total cost on Mersal may include:

A) Mersal Subscription (Platform Access)

  • A monthly or annual subscription fee (based on your plan) for access to Mersal platform features.

B) SMS Usage (Billed by Mersal via SMS Wallet)

  • SMS usage is billed by Mersal and deducted from your Mersal SMS wallet (top-ups / balance-based billing).
  • SMS pricing may vary by destination, volume, and service type.

C) WhatsApp Usage (Billed Directly by Meta)

  • WhatsApp message fees are set and charged by Meta based on recipient country and message category/type.
  • During WhatsApp onboarding, you connect your own payment method within Meta, and Meta bills your WhatsApp usage directly.
  • Mersal does not add any markup on Meta WhatsApp messaging fees.
  • Mersal may display Meta pricing information or estimated costs for transparency, but Mersal does not collect WhatsApp messaging fees on Meta’s behalf.

Payments for Mersal subscription and SMS wallet may be processed via third-party payment providers. Failure to maintain sufficient SMS wallet balance or an active subscription (where required) may result in service interruption. If your Meta payment method fails, Meta may restrict or pause WhatsApp messaging.

6. No Refund Policy (See Refund Policy Page)

All payments are governed by Mersal’s Refund Policy, which forms an integral part of these Terms. For clarity:

  • Refund policy applies to Mersal-paid charges (subscriptions, SMS wallet top-ups, and any Mersal add-ons).
  • WhatsApp messaging fees billed by Meta are not collected by Mersal and are subject to Meta’s billing policies and any applicable payment provider terms.

7. Client Responsibilities

You agree to:

  • Obtain lawful consent from recipients before sending messages
  • Respect opt-out and unsubscribe requests
  • Use messaging services for legitimate business purposes only
  • Avoid spam, fraud, or misleading content

You are solely responsible for message content sent through your account.

8. Data & Privacy

Mersal processes data in accordance with its Privacy Policy. You retain ownership of your customer data. Mersal acts as a data processor for messaging services where applicable.

9. Service Availability

Mersal aims for high availability but does not guarantee uninterrupted service. Temporary outages may occur due to maintenance, third-party providers, or external factors.

10. Suspension & Termination

Mersal may suspend or terminate services without notice if:

  • These Terms are violated
  • Required by Meta, telecom providers, or law
  • Fraudulent or abusive activity is detected

Termination does not entitle refunds of unused SMS wallet balances, subscription periods, or add-ons, except where required by law. WhatsApp messaging fees billed by Meta are outside Mersal’s billing and refund control.

11. Limitation of Liability

To the maximum extent permitted by law:

  • Mersal is not liable for indirect, incidental, or consequential damages
  • Mersal’s total liability shall not exceed the amount paid by you to Mersal in the preceding 3 months

12. Indemnification

You agree to indemnify and hold harmless Mersal from claims arising from:

  • Your misuse of the platform
  • Violations of laws or third-party rights
  • Message content sent through your account

13. Modifications

Mersal may update these Terms at any time. Continued use of the services constitutes acceptance of updated Terms.

14. Governing Law

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

15. Contact Information

For legal or support inquiries: contact@mersalapp.com