Conditions d'Utilisation

I. Introduction & Acceptance

1. Acceptance of Terms

By downloading, accessing, or using the MessageActivity mobile application and related services, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use our service. Your continued use of the app constitutes acceptance of any updates or modifications to these terms.

II. About the Service

2. App Description & Scope

MessageActivity is a comprehensive client communication and CRM platform designed for insurance agents, financial advisors, healthcare providers, and similar professionals. The app provides tools for contact management, automated email and SMS messaging, VoIP calling, lead scoring, drip sequences, pipeline management, appointment scheduling, and compliance tracking.

We do not guarantee uninterrupted, error-free service, specific outcomes, or that the app will meet all your requirements. Features may be updated, modified, or discontinued at our discretion.

3. Sales Process Maximizer AI-Powered Features

Our app includes the Sales Process Maximizer, an AI-powered assistant that provides call transcription, real-time coaching, send-time optimization, and sales insights. These AI-generated features are provided for informational purposes only. While we strive for accuracy, AI predictions and recommendations are estimates and should not be considered guaranteed outcomes. You are responsible for verifying all information and making your own informed decisions.

III. Approved Marketing Partner Program

4. Partner Program Overview

MessageActivity operates an Approved Marketing Partner Program ("Partner Program") that allows qualified lead generation organizations, field marketing organizations, and live transfer operations ("Marketing Partners") to access a dedicated partner portal within the platform. Participation in the Partner Program requires a separate application and is subject to approval at MessageActivity's sole discretion.

The Partner Program is provided at no additional cost to approved Marketing Partners. Access to partner-exclusive tools is included with approval and subject to the terms herein and any supplemental Partner Program guidelines issued by MessageActivity.

5. Partner Application & Approval

Submitting a partner application does not guarantee approval. MessageActivity reviews applications for compliance posture, lead quality standards, organizational fit, and adherence to applicable federal and state marketing regulations. MessageActivity may approve, decline, or request additional information at its sole discretion and without obligation to provide a reason for denial.

By submitting a partner application, you represent and warrant that:

• (a) All information provided in the application is accurate, current, and complete;
• (b) Your organization operates in compliance with all applicable federal and state marketing regulations, including but not limited to TCPA, FCC one-to-one consent rules, and CMS Chapter 3 guidelines for Medicare lines of business;
• (c) You have the legal authority to bind your organization to these Terms and any supplemental partner agreements;
• (d) Your organization does not engage in deceptive, misleading, or fraudulent lead generation practices.

6. Partner Compliance Obligations

As a condition of partner approval and continued participation, Marketing Partners agree to:

• (a) Submit only leads that have provided verifiable prior express written consent under TCPA requirements and applicable FCC regulations;
• (b) Comply with CMS Chapter 3 marketing guidelines for any Medicare, Medicare Advantage, Medicare Supplement, or Part D leads;
• (c) Maintain and make available upon request all consent documentation for every lead submitted, including timestamps, consent method, and IP address where applicable;
• (d) Not submit leads obtained through deceptive, coercive, or non-compliant marketing practices;
• (e) Not share, resell, or distribute lead data to organizations outside the MessageActivity platform;
• (f) Immediately notify MessageActivity of any known or suspected compliance violations involving submitted leads;
• (g) Ensure that all marketing representatives and intake processes comply with applicable state and federal insurance marketing laws.

7. Partner Suspension & Removal

MessageActivity reserves the right to suspend, restrict, or permanently remove a Marketing Partner from the Partner Program immediately and without prior notice for:

• (a) Submission of non-consented or fraudulently obtained leads;
• (b) Violation of TCPA, FCC, CMS, or other applicable regulations;
• (c) Enabling or facilitating deceptive, misleading, or high-pressure agent practices;
• (d) Material misrepresentation in the partner application;
• (e) Any activity that creates legal, regulatory, or reputational risk for MessageActivity, its agents, or clients;
• (f) Any other violation of these Terms or supplemental partner guidelines.

Removed partners are permanently banned from re-applying. Removal does not affect MessageActivity's right to seek damages or indemnification for harm caused by the partner's conduct. Upon removal, partner portal access is revoked immediately; lead data and analytics history may be retained in accordance with MessageActivity's data retention policies.

8. Logo & Brand Authorization

By checking the logo consent option during the partner application, Marketing Partners grant MessageActivity a non-exclusive, royalty-free, worldwide license to display their organization's name and logo within the MessageActivity platform and in partner network materials for the duration of their approved partner status. This license terminates automatically upon partner removal or voluntary withdrawal from the program.

9. Partner Indemnification

In addition to the general indemnification obligations in Section 35, Marketing Partners specifically agree to indemnify, defend, and hold harmless MessageActivity LLC from and against any claims, regulatory actions, fines, penalties, or damages arising from: (a) the compliance status of leads submitted by the partner; (b) the partner's marketing practices and lead generation methods; (c) violations of TCPA, FCC, CMS, or state insurance marketing laws; and (d) any harm caused to consumers or agents resulting from non-compliant leads or partner conduct.

10. Affiliate & Referral Codes

MessageActivity may offer affiliate codes, referral codes, or promotional discounts from time to time. These codes are optional and promotional in nature. MessageActivity reserves the right to implement, modify, pause, suspend, or permanently discontinue any affiliate program, referral program, promotional code, or discount offer at any time, with or without notice, for any reason.

IV. Blue Button 2.0 & Medicare Claims Data

11. Blue Button 2.0 Integration

MessageActivity integrates with the CMS Blue Button 2.0 API, a federal program operated by the Centers for Medicare & Medicaid Services (CMS) that allows Medicare beneficiaries to securely share their claims data with authorized third-party applications. This integration is optional and requires explicit, affirmative consent from the Medicare beneficiary (your client) before any data is accessed.

12. Beneficiary Consent Requirement

You may only initiate a Blue Button data request after your client has:

• (a) Been clearly informed of what data will be accessed (claims history, coverage periods, Explanation of Benefits);
• (b) Been informed of how that data will be used and by whom;
• (c) Provided explicit, voluntary, informed consent through the CMS OAuth authorization flow;
• (d) Not been subjected to pressure, coercion, or deception in connection with the consent request.

Initiating a Blue Button authorization request without the client's informed consent, or misrepresenting the purpose of the data access, is a violation of these Terms and may constitute a violation of federal law. Such conduct will result in immediate account termination.

13. Permitted Use of Blue Button Data

Blue Button Medicare claims data accessed through MessageActivity may only be used to:

• (a) Review the beneficiary's coverage history to assist with plan selection or benefit review;
• (b) Understand the beneficiary's healthcare utilization to provide more informed insurance recommendations;
• (c) Support compliant Medicare sales and enrollment activities on behalf of the beneficiary.

Blue Button data may NOT be used to:

• (a) Share with any third party without the beneficiary's separate explicit consent;
• (b) Build marketing profiles, sell data, or use for any purpose unrelated to the beneficiary's direct care or insurance needs;
• (c) Discriminate in coverage, pricing, or service based on health status or claims history;
• (d) Any purpose that violates CMS Blue Button API terms, HIPAA, or applicable state law.

14. Data Storage & Revocation

Blue Button tokens and retrieved claims data are encrypted at rest using AES-256-GCM encryption. Access tokens are stored per-beneficiary and scoped to the consenting client's profile only. Beneficiaries may revoke their authorization at any time through CMS's MyMedicare portal or by requesting disconnection through the MessageActivity app, at which point stored tokens are immediately invalidated and data access ceases.

MessageActivity is an authorized third-party application under the CMS Blue Button 2.0 program. Use of this feature is subject to the CMS Blue Button API Terms of Service in addition to these Terms.

15. NPN Requirement

Access to the Blue Button integration requires a valid National Producer Number (NPN) on file in the agent's MessageActivity profile. This requirement exists to ensure that only licensed insurance professionals access beneficiary Medicare data, consistent with CMS guidelines and applicable state insurance laws.

V. Account & Registration

16. Account Registration & Security

You must provide accurate, current, and complete information during registration and keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You must notify MessageActivity immediately of any unauthorized access or security breach. MessageActivity reserves the right to suspend or terminate accounts that appear compromised, inactive for extended periods, or used in violation of these terms.

VI. Subscriptions & Billing

17. Subscription Plans & Billing

MessageActivity offers the following subscription plans:

• Core: $49/month - Unlimited clients, email & SMS campaigns, basic CRM pipeline, document library
• Pro: $119/month - Everything in Core plus 50 AI call analyses, transcription, real-time coaching, send time optimization, lead scoring
• Elite: $179/month - Everything in Pro plus 100 AI call analyses, advanced analytics, white-label options, custom integrations
• Agency Starter: $850/month - 5 Elite members included, 500 AI calls/month, multi-business management, add more team members at 10% off
• Agency Growth: $1,600/month - 10 Elite members included, 1,000 AI calls/month, everything in Agency Starter plus priority onboarding and dedicated success manager
• Agency Scale: Custom pricing - 25+ agents, 100 AI calls per Elite agent/month, enterprise-grade features and support

All subscriptions automatically renew at the end of each billing period unless canceled prior to renewal. You authorize MessageActivity to charge your payment method on file for recurring subscription fees. Prices are subject to change with notice. You are responsible for all applicable taxes. Failure to pay may result in service suspension or termination.

18. Free Trials & Promotions

MessageActivity may offer a 14-day free trial for new users. Free trials are limited to one per user, per account, per device, per business, and per phone number. Creating multiple accounts to obtain additional free trials is prohibited and may result in account termination.

During the trial period, you may receive up to 20 AI call analyses at no charge. At the end of the trial period, your subscription will automatically convert to a paid plan unless canceled. MessageActivity reserves the right to modify, limit, or discontinue free trial offers at any time.

19. Refunds & Cancellations

MessageActivity's refund and cancellation policies are designed to be fair while protecting the integrity of our service and business model.

Refund Policy

MessageActivity does not offer refunds on any paid subscriptions. Instead, we provide a 14-day free trial period for all new users to fully evaluate the service before committing to a paid plan.

We strongly encourage all prospective customers to take advantage of the free trial period to ensure MessageActivity meets their needs. During the trial, you have full access to test all features and determine if the platform is right for your business.

Once you begin a paid subscription, all payments are final and non-refundable.

Cancellation Policy

You may cancel your subscription at any time. Upon cancellation:

• (a) Your service will remain active until the end of your current paid billing period;
• (b) Your account will not be charged for subsequent billing periods;
• (c) Service access will end when your current billing period expires;
• (d) Your data and account information will be retained temporarily to facilitate easy reactivation;
• (e) No refund will be provided for the remaining days in your current billing period.

How to Cancel

To cancel your subscription, contact our support team at WeListen@MessageActivity.com. Include your account email and reason for cancellation. Cancellations take effect at the end of the current billing period.

VII. Regulatory Compliance & User Responsibilities

20. Your Compliance Obligations

You are responsible for complying with all applicable laws and regulations, including but not limited to:

• TCPA (Telephone Consumer Protection Act): Obtaining proper consent before sending SMS/text messages, maintaining opt-out mechanisms, and honoring do-not-call lists
• CMS Marketing Guidelines: Following Centers for Medicare & Medicaid Services rules for insurance agent communications, including Scope of Appointment (SOA) requirements, recording consent, and 10-year record retention
• GDPR (General Data Protection Regulation): Complying with EU data protection requirements if you have EU clients
• CCPA (California Consumer Privacy Act): Meeting California privacy requirements
• HIPAA: If you handle protected health information, ensuring proper safeguards and business associate agreements
• State Insurance Laws: Complying with applicable state insurance, telemarketing, and privacy laws
• Financial Services Regulations: If you are a financial advisor, complying with SEC, FINRA, and other applicable regulations

21. What MessageActivity Provides

MessageActivity provides tools to help you track consents, manage opt-outs, retain records, and document compliance activities. However, MessageActivity does not guarantee regulatory compliance. It is your responsibility to:

• Understand applicable regulations for your industry and jurisdiction
• Configure the software appropriately for your use case
• Train your team on compliance requirements
• Consult with qualified legal counsel regarding your specific obligations
• Monitor and audit your communication practices regularly
• Obtain and document all required consents before contacting prospects or clients

22. User Responsibilities & Acceptable Use

You agree to use MessageActivity only for lawful purposes and in compliance with these terms. You may not:

• (a) Use the Service for any illegal, fraudulent, or deceptive purpose;
• (b) Send spam, unsolicited messages, or violate anti-spam laws;
• (c) Contact individuals without proper consent or legal basis;
• (d) Misuse, abuse, or circumvent the service or its features;
• (e) Engage in scraping, data mining, reverse engineering, or decompilation of the app;
• (f) Use automation, bots, or scripts to interact with the service in unauthorized ways;
• (g) Interfere with the security, integrity, or performance of the service;
• (h) Attempt to gain unauthorized access to any part of the service, other user accounts, or our systems;
• (i) Upload malicious code, viruses, or harmful software;
• (j) Harass, abuse, threaten, or harm others;
• (k) Resell, redistribute, or sublicense access to the service without authorization;
• (l) Violate any third-party rights, including intellectual property rights.

23. User Content & Data

You retain ownership of all data, content, and information you submit to MessageActivity ("User Content"). By using the service, you grant MessageActivity a limited, non-exclusive license to store, process, and display your User Content solely for the purpose of providing the service to you.

MessageActivity is not responsible for User Content and does not endorse or verify its accuracy. MessageActivity reserves the right to remove User Content that violates these terms or applicable law.

VIII. Call Recording, AI Features & Direct Mail

24. Call Recording Disclosure

MessageActivity provides VoIP calling through Telnyx and supports both automatic (VoIP) and manual call recording. You are solely responsible for complying with all applicable federal and state call recording notification laws, including but not limited to:

• Federal Wiretap Act (18 U.S.C. § 2511): Requires at least one-party consent for recording in most circumstances
• State Two-Party / All-Party Consent Laws: Many states (including California, Florida, Pennsylvania, and others) require all parties to consent before a call may be recorded
• CMS Recording Requirements: Medicare marketing calls must be recorded and retained for 10 years per CMS Chapter 3 guidelines

MessageActivity provides a recording confirmation workflow to help document recording consent, but it is your responsibility to ensure legally compliant disclosures are made to all parties before initiating or recording any call. MessageActivity is not liable for your failure to provide required recording disclosures.

25. Scope of Appointment (SOA)

MessageActivity includes Scope of Appointment (SOA) tracking tools designed to assist agents in meeting CMS Chapter 3 requirements. The SOA logging and AI-detection features are provided as compliance aids only. You are responsible for ensuring that SOAs are obtained in accordance with current CMS guidelines and that your use of the SOA tools satisfies all applicable requirements for your license and state. MessageActivity does not warrant that use of these tools constitutes full CMS compliance.

26. AI Transcription & Sales Analysis

MessageActivity's Sales Process Maximizer uses third-party AI services (including Deepgram for transcription and OpenAI for analysis) to process call audio and generate transcripts, coaching recommendations, compliance scores, follow-up suggestions, and client data extractions. By enabling these features, you acknowledge and agree that:

• (a) Call audio and transcripts are transmitted to and processed by third-party AI service providers subject to their own terms and privacy policies;
• (b) AI-generated outputs (transcriptions, scores, summaries, recommendations) are estimates and may contain errors. They are not a substitute for professional judgment;
• (c) You are responsible for verifying AI outputs before acting on them, including any client data auto-extracted to client profiles;
• (d) You have obtained all necessary consents from call participants before enabling AI transcription and analysis.

27. Automated Direct Mail

MessageActivity integrates with third-party direct mail providers (Thanks.io for postcards and Handwrytten for handwritten letters) to enable automated physical mail. By using these features, you agree that:

• (a) You are responsible for ensuring that all mail recipients have provided consent for direct mail contact where required by applicable law;
• (b) Mail content must comply with all applicable federal and state advertising, insurance marketing, and truth-in-advertising laws;
• (c) CMS marketing material filing requirements apply to Medicare-related mail pieces where required;
• (d) MessageActivity is not responsible for delivery failures, provider outages, or errors by Thanks.io, Handwrytten, or USPS;
• (e) Costs for direct mail are incurred through your accounts with the respective mail providers and are not billed by MessageActivity.

28. TCPA & SMS Compliance

MessageActivity provides SMS messaging through Telnyx. You are solely responsible for TCPA compliance with respect to all SMS communications initiated through the platform, including:

• Obtaining prior express written consent before sending marketing SMS messages
• Honoring all opt-out requests immediately and permanently
• Maintaining compliant opt-in records with timestamps and consent method
• Respecting quiet hours and applicable state telemarketing restrictions
• Complying with FCC one-to-one consent rules for lead-generated contacts

MessageActivity's TCPA opt-in tracking and DNC management tools are provided to assist with compliance management. They do not guarantee regulatory compliance or shield you from liability for non-compliant messaging practices.

IX. Intellectual Property & Third Parties

29. Intellectual Property

The service and its original content, features, and functionality are owned by MessageActivity LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the app for its intended purpose. You may not copy, modify, distribute, sell, or lease any part of our service, nor may you reverse engineer or attempt to extract the source code.

30. Third-Party Services & Integrations

MessageActivity may integrate with or provide links to third-party services, tools, or platforms (e.g., email providers, SMS providers, payment processors, AI services). MessageActivity is not responsible for the availability, accuracy, content, or functionality of third-party services. Your use of third-party services is governed by their respective terms and privacy policies. MessageActivity makes no warranties regarding third-party integrations and disclaims all liability arising from their use.

X. Service Availability

31. Availability & Changes to the Service

MessageActivity may update, modify, or discontinue any feature, functionality, or aspect of the service at any time without prior notice or obligation. We do not guarantee that the service will be available at all times or free from interruptions, errors, or downtime. Scheduled or emergency maintenance may result in temporary service unavailability. MessageActivity is not obligated to maintain any specific feature indefinitely.

XI. Termination

32. Termination & Suspension

You may cancel your subscription at any time as described in Section 8. MessageActivity reserves the right to suspend or terminate your account immediately, with or without notice, for:

• (a) Violation of these Terms of Service;
• (b) Fraudulent, abusive, or illegal activity;
• (c) Non-payment of fees;
• (d) Prolonged inactivity;
• (e) Regulatory violations or conduct that creates legal risk for MessageActivity;
• (f) Any reason MessageActivity deems necessary to protect the service or other users.

Upon termination, your access to the service will cease, though data may be retained as described in our Privacy Policy.

XII. Legal Disclaimers

33. Disclaimer of Warranties

34. Limitation of Liability

35. Indemnification

You agree to indemnify, defend, and hold harmless MessageActivity LLC, its officers, directors, employees, affiliates, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• (a) Your use or misuse of the service;
• (b) Your violation of these Terms of Service;
• (c) Your violation of any laws, regulations, or third-party rights;
• (d) Your User Content or communications sent through the Service;
• (e) Regulatory fines, penalties, or enforcement actions arising from your use of the Service.

XIII. Dispute Resolution

36. Governing Law & Venue

These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be resolved in the state or federal courts located in Bucks County, Pennsylvania.

37. Mandatory Arbitration

All disputes, claims, or controversies arising out of or relating to these Terms, your use of the service, your account, subscriptions, billing, or any other aspect of your relationship with MessageActivity (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) shall be resolved by binding arbitration rather than in court, except as provided in the Small Claims Court exception below.

38. Informal Resolution Requirement

Before initiating arbitration, the parties agree to attempt to resolve the dispute informally. The party raising the dispute must send written notice to the other party describing the dispute and proposed resolution.

MessageActivity's address for notice is: 4387 West Swamp Road, #50, Doylestown, PA 18902.

The parties shall have 30 days from the date of notice to resolve the matter in good faith. If the dispute cannot be resolved within 30 days, either party may proceed to arbitration.

39. Arbitrator Selection

The parties shall attempt to mutually agree on a neutral arbitrator experienced in commercial or technology disputes. If the parties cannot agree on an arbitrator within 15 days of the arbitration demand, arbitration may be administered by a recognized arbitration organization such as the American Arbitration Association (AAA), and the rules of that organization shall apply.

40. Arbitration Costs & Fees

The party initiating arbitration shall pay initial filing fees and administrative costs. The arbitrator has the authority to reallocate fees and costs, award costs to the prevailing party where permitted by law, and adjust cost allocation if required by applicable law or necessary to preserve the enforceability of this arbitration provision.

41. Small Claims Court Exception

Either party may bring an individual action in small claims court if the claim qualifies for that court's jurisdiction. This arbitration agreement does not prevent either party from seeking relief in small claims court for individual disputes. Class actions, consolidated claims, or representative actions are not permitted in small claims court under this agreement.

42. Class Action Waiver

43. Arbitration Scope & Authority

The arbitrator may award individual relief only, including damages, injunctions, or declaratory relief, but only to the extent necessary to provide relief warranted by the individual claim. The arbitrator may interpret and enforce these Terms but may not rewrite, modify, or invalidate any provision. The arbitrator may not issue public injunctive relief or relief that affects non-parties.

44. Confidentiality of Arbitration

Arbitration proceedings, including all testimony, evidence, and awards, shall be confidential and may not be disclosed except:

• (a) As necessary to enforce or challenge the arbitration award in court;
• (b) As required by law or legal process; or
• (c) With the mutual written consent of both parties.

45. Survival & Severability of Arbitration Provisions

This arbitration agreement survives the termination of your account, cancellation of your subscription, or cessation of your use of the service. If any portion of this arbitration provision is found to be unenforceable, the remainder shall remain in full force and effect. If the Class Action Waiver is found to be unenforceable, the arbitration provision shall be void only as to that claim, and such claim may proceed in court.

XIV. General Provisions

46. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent.

47. Assignment

MessageActivity may assign, transfer, or delegate these Terms and its rights and obligations hereunder, in whole or in part, at any time without notice, including in connection with a merger, acquisition, sale of assets, or corporate reorganization. You may not assign or transfer your rights or obligations under these Terms without MessageActivity's prior written consent.

48. Changes to These Terms

MessageActivity reserves the right to update, modify, or replace these Terms of Service at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of this document and, where appropriate, by in-app notification or email. Your continued use of the service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the service and cancel your subscription.

49. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and MessageActivity regarding your use of the service. These Terms supersede all prior discussions, agreements, representations, warranties, and understandings of any kind, whether written or oral. No terms stated in purchase orders, vendor forms, or other documents shall modify or supplement these Terms unless expressly agreed to in writing by MessageActivity.