Terms of Service

Welcome to Measy, a software service operated by Bitbrains Inc. ("Bitbrains," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of Measy. By accessing or using Measy, you agree to comply with these Terms. If you do not agree, please do not use our service.

Measy provides software tools that help businesses detect missed phone calls, send automated transactional text messages in response, and support customer service interactions through AI-assisted chat. Measy is not a telephony or messaging provider and does not guarantee delivery, receipt, or reading of any calls or messages.

You confirm and warrant that you are authorized to act on behalf of the business registering for Measy and that you have the legal right to use any phone numbers connected to the service. Measy is not intended for use by minors or individuals without proper legal authority.

You agree to use Measy only for lawful, customer-service, and transactional communications related to your business. You must not use Measy to:

• Send unsolicited marketing, promotional, or spam messages;
• Send messages without a legitimate customer interaction;
• Violate any applicable privacy, telecommunications, or anti-spam laws, including Canada's Anti-Spam Legislation (CASL);
• Misrepresent your business or identity in communications;
• Use Measy for any unlawful or unauthorized purpose.

Use of Measy for marketing beyond transactional or customer-service messaging requires prior written approval from Bitbrains.

You are solely responsible for ensuring that your use of Measy complies with all applicable laws, regulations, carrier policies, and industry standards. This includes obtaining all necessary consents from your customers, honoring opt-out requests, and following all required consent and unsubscribe processes.

Generally, consent to receive automated transactional messages is considered implied when a customer contacts your publicly listed phone number. However, you must verify consent according to applicable law and carrier requirements.

You must not attempt to circumvent or bypass any opt-out or unsubscribe mechanisms.

Message delivery depends on factors outside Bitbrains's control, including carrier networks, device availability, and technical issues. Bitbrains does not guarantee that any message will be delivered, received, or read. The Measy service is provided "as is" and "as available" without warranties of any kind, including uninterrupted or error-free operation.

Bitbrains may suspend or terminate your access to Measy at any time, without prior notice or liability, if you violate these Terms, breach carrier rules, or if your use poses legal or operational risks. Termination does not relieve you of any outstanding payment or other obligations.

You agree to pay all fees specified in your subscription plan. Fees are non-refundable unless otherwise stated. Bitbrains reserves the right to change pricing with notice.

All rights, title, and interest in Measy, including software, documentation, and related materials, are owned exclusively by Bitbrains Inc. You are granted a limited, non-exclusive, non-transferable license to use Measy during your subscription solely as permitted under these Terms. You may not copy, modify, distribute, or create derivative works without permission.

If you send messages or upload content through Measy, you retain ownership of your content. By using Measy, you grant Bitbrains a worldwide, royalty-free license to use, reproduce, and transmit your content solely to provide the service.

You are solely responsible for your content and any legal consequences arising from it.

To the fullest extent permitted by law, Bitbrains and its affiliates disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Bitbrains shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or relating to your use or inability to use Measy.

Bitbrains's total liability for any claim related to Measy shall not exceed the total fees paid by you to Bitbrains for the service in the 12 months preceding the claim.

You agree to indemnify, defend, and hold harmless Bitbrains, its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses arising out of or related to:

• Your use or misuse of Measy;
• Your violation of these Terms or any applicable laws;
• The content of any messages or materials you send through Measy.

You agree that any dispute arising out of or related to these Terms shall be resolved through binding arbitration in accordance with the laws of the Province of Ontario. The arbitration shall be conducted in Ottawa, Ontario. You waive any right to a jury trial or to participate in class actions.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Bitbrains reserves the right to modify or update these Terms at any time. We will provide notice of material changes by email or on our website. Continued use of Measy after changes constitutes acceptance of the updated Terms.

Bitbrains shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including natural disasters, internet outages, or government actions.

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full effect.

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Bitbrains regarding Measy and supersede all prior agreements.