Terms of service

---

Last Updated: January 1, 2026

These Terms of Service (“Terms”) govern access to and use of the website, services, and related offerings provided by The Message Center(“Company,” “we,” “us,” or “our”). By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree, do not use the website or services.

1. Definitions

• “Client” means the business, organization, or individual that subscribes to or uses the services.
• “End Users” means individuals designated by the Client—including employees, contractors, or representatives—who receive, review, or act upon Incoming Communications on the Client’s behalf. End Users do not include employees, contractors, or agents of the Company. 
• “Caller” or “Contact” means any individual or entity initiating communication with the Client.
• “Communication” or  “Incoming Communication” means any contact initiated through phone, voicemail, text message, email, web form, live chat, or any other communication channel supported by the Company, whether now or in the future.
• “Services” means communication handling services provided by the Company, including but not limited to intake, message capture, routing, delivery, dispatch, notification, and related administrative workflows as configured for the Client.
• “Client Instructions” means the scripts, routing rules, escalation paths, schedules, contacts, delivery methods, and preferences supplied by Client to guide communication handling.
• “Third-Party Services” means platforms, systems, or vendors not operated by the Company, including telecommunications providers, software platforms, integrations, or infrastructure services.

2. Eligibility and Authority

You represent that you are at least eighteen (18) years of age and have the authority to bind the Client to these Terms. If using the Services on behalf of an organization, you confirm you are authorized to do so.

3. Scope of Agreement

These Terms apply to:

• use of the Company website;
• use of the Services;
• free trials, onboarding, and support interactions;
• any proposals, order forms, or service agreements entered into with the Company.

If a written service agreement conflicts with these Terms, the written agreement governs only to the extent of the conflict.

4. Service Description and Configuration

The Company provides communication handling services across one or more contact channels selected by the Client. Services are delivered according to the Client’s selected configuration and Client Instructions.

Client acknowledges that:

• Services are performed based on Client-supplied instructions and configurations;
• accuracy, speed, and effectiveness depend on the completeness and timeliness of Client Instructions;
• changes to workflows, channels, routing logic, or delivery methods may require setup time and may result in additional fees.

5. No Professional Advice / No Emergency Services

The Services are administrative and communication-based in nature. The Company does not provide medical, legal, financial, or emergency advice or decision-making.

The Company does not replace emergency services. If an emergency exists, individuals should contact local emergency services immediately. The Company’s role is limited to communication intake and delivery as configured by Client Instructions.

6. Client Responsibilities

Client is responsible for:

• providing complete, accurate, and current Client Instructions for all contact channels in use;
• maintaining up-to-date contact details, escalation paths, schedules, and delivery preferences;
• ensuring that End Users designated by the Client monitor the appropriate delivery channels and take appropriate action upon receipt of Incoming Communications;
• maintaining the functionality of Client-controlled systems, including forwarded  numbers, inboxes, forms, integrations, and routing tools, while acknowledging that the Company does not control third-party platforms or Client-managed infrastructure;
• ensuring compliance with all laws, regulations, and industry requirements applicable to the Client’s operations and use of the Services.

The Company is not responsible for failures, delays, or issues resulting from incorrect or outdated Client Instructions, unreachable contacts, misconfigured forwarding or integrations, or interruptions caused by third-party systems or services.

7. Acceptable Use

The Services and website may be used only for lawful and legitimate purposes. Use of the Services must not involve, support, or facilitate any activity that is unlawful, deceptive, abusive, harassing, fraudulent, or otherwise disruptive to the Company, its personnel, other clients, or the public.

Prohibited uses include, but are not limited to:

• transmitting false, misleading, or fraudulent information;
• engaging in harassment, threats, or abusive conduct;
• using the Services in a manner that violates applicable laws, regulations, or third-party rights;
• attempting to interfere with, disrupt, or misuse the Services, systems, or infrastructure.

The Company reserves the right to suspend or terminate Services immediately if misuse is identified or reasonably suspected.

8. Accounts, Credentials, and Security

If access credentials are issued, Client is responsible for maintaining their confidentiality and for all activity conducted under the account, whether authorized or unauthorized.

Client agrees not to share access credentials except with individuals authorized by the Client to use the Services and must ensure such individuals comply with these Terms. Client must notify the Company promptly of any suspected unauthorized access, misuse, or security breach.

The Company reserves the right to restrict, suspend, or revoke access if account security is compromised or if misuse is suspected.

9. Service Availability and Dependencies

The Company makes commercially reasonable efforts to maintain reliable availability of the Services. However, service availability may be affected by factors outside the Company’s control, including but not limited to internet or network outages, power failures, software or platform disruptions, Third-Party Service interruptions, or force majeure events.

The Company does not guarantee uninterrupted or error-free service and is not liable for delays, failures, or interruptions caused by Third-Party Services, external systems, or circumstances beyond its reasonable control.

10. Fees, Billing, and Taxes

Fees, billing cycles, payment methods, and applicable charges are established during onboarding or set forth in a written service agreement or pricing schedule. Client agrees to pay all fees and applicable taxes in accordance with the agreed billing terms.

Failure to remit payment when due may result in service suspension, restriction, or termination, at the Company’s discretion.

Additional billing, payment, and invoicing details are described in the Billing & Payment Policy, which is incorporated by reference.

11. Free Trials and Promotions

The Company may, at its discretion, offer free trials or promotional services. Eligibility, duration, scope, and any limitations will be communicated during onboarding or in writing.

Free trials and promotional offers are intended for evaluation purposes only and may be limited to one per Client or account. The Company reserves the right to modify, suspend, or discontinue any trial or promotional offer at any time to prevent misuse or abuse.

12. Changes to Services

The Company may modify, update, enhance, or discontinue portions of the website or Services from time to time. Changes may include feature updates, workflow adjustments, or service refinements.

If a change materially affects paid Services, the Company will provide notice when reasonably practicable. Continued use of the Services after such changes constitutes acceptance of the updated Services.

13. Intellectual Property

All content, materials, software, workflows, documentation, designs, branding, and proprietary systems made available through the website or Services are owned by the Company or its licensors and are protected by applicable intellectual property laws.

Use of the Services does not grant the Client any ownership rights in the Company’s intellectual property. Except as expressly permitted in writing, the Client may not copy, reproduce, modify, distribute, resell, sublicense, reverse-engineer, or otherwise misuse the Company’s intellectual property.

14. Confidentiality

Each party agrees to maintain the confidentiality of non-public information disclosed in connection with the Services, including but not limited to business operations, pricing, workflows, systems, instructions, data, and communications (“Confidential Information”).

Confidential Information may be used solely for purposes of performing or receiving the Services and may not be disclosed to third parties except as required to perform the Services, required by law, or expressly permitted in writing. Each party agrees to take reasonable measures to protect Confidential Information and to ensure that its employees, contractors, and representatives comply with these obligations.

Confidentiality obligations survive termination of the Services.

15. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business, loss of data, or business interruption, arising out of or related to the Services, even if the Company has been advised of the possibility of such damages.

The Company’s total aggregate liability for any claim, loss, or damages arising out of or relating to the Services shall not exceed the total fees paid by the Client to the Company during the period immediately preceding the event giving rise to the claim.

16. Indemnification

Client agrees to defend, indemnify, and hold harmless the Company and its owners, officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

• Client’s use of the Services;
• Client Instructions or information provided to the Company;
• Client’s business operations, communications, or interactions with third parties;
• Client’s violation of these Terms or applicable laws or regulations.

17. Termination

The Company may suspend or terminate Services, in whole or in part, for reasons including but not limited to nonpayment, misuse of the Services, violation of these Terms, legal or regulatory requirements, or operational, security, or risk concerns.

Client may terminate Services in accordance with the Cancellation Policy and any applicable written service agreement. Termination does not relieve Client of payment obligations incurred prior to the effective termination date.

18. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict-of-law principles. Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in North Carolina, unless otherwise required by applicable law.

19. Changes to These Terms

The Company may update or modify these Terms from time to time. Any changes will be posted on this page with an updated “Last Updated” date.

Continued access to or use of the website or Services after such changes constitutes acceptance of the revised Terms.

20. Contact Information

Questions regarding these Terms may be directed to:
Email: policies@themsgctr.com