Terms of Service and Sale
Last Updated: October 17, 2025
1) Who We Are; Platform
These Terms of Service and Sale (“Terms”) govern access to and use of the website delightfulmessages.com, related applications, dashboards, APIs, and messaging services (collectively, the “Platform” or “Services”) provided by Delightful Payments, LLC, doing business as Delightful Chat (“Delightful Chat,” “we,” “us,” or “our”).
We enable business customers to conduct iMessage (“blue bubble”) conversations with their contacts, measure engagement, and manage compliant, consent-based messaging. We do not support spam or indiscriminate blasting.
Our Privacy Policy and, if applicable, Data Processing Addendum (DPA) are incorporated by reference.
2) Agreement to Terms
By creating an account, placing an order, clicking “accept,” or using the Platform, you agree to these Terms. If you are entering this agreement for an organization, you represent that you have authority to bind that organization; “you” includes that entity and its authorized users.
If you do not agree, do not access or use the Platform.
Eligibility. The Platform is for users 16+. If you are 16–17, you may use the Platform only with consent of a parent/guardian and only as allowed by law. The Platform is not for children under 16.
3) Changes to These Terms
We may update these Terms from time to time. Material changes will be indicated by an updated “Last Revised” date and, where required, additional notice. Continued use after changes becomes effective constitutes acceptance.
4) Accounts; Admins; Security
Registration. Accurate, current information is required. Keep credentials confidential.
Admins. If you use the Platform under an organization account, that customer’s administrator may manage seats, roles, settings, exports, and access to logs and message data within that tenancy.
Security. Notify us immediately of unauthorized use or suspected breach. You are responsible for activity under your credentials.
5) License; Acceptable Use (iMessage-specific)
5.1 License
Subject to these Terms and an active subscription, we grant you a non-exclusive, non-transferable, revocable right to access and use the Platform during your subscription term.
5.2 Acceptable Use and Prohibited Conduct
You will comply with all applicable laws, carrier and Apple policies, and these rules:
No message blasts / spam. The Platform is built for consent-based, conversational iMessage, not mass blasting. We implement safeguards and rate controls to preserve iMessage trust.
Consent & Opt-outs. You must have legally valid consent to message recipients. You must honor opt-out keywords (e.g., STOP). Our suppression tools assist but you remain responsible for your contact practices.
No unlawful content or behavior. Do not send illegal, harmful, deceptive, infringing, or abusive content; do not harass or mislead recipients; no phishing, malware, or prohibited products.
No interference. Do not misuse APIs, scrape, reverse engineer, bypass access controls, or degrade Platform performance.
Data hygiene. Do not upload sensitive personal data unless strictly necessary and permitted by law and contract.
Fair use. We may throttle, block, or suspend campaigns that endanger deliverability, violate Apple/carrier rules, or breach these Terms.
We may review metadata and patterns (and, if needed for abuse review or support, limited content) to detect spam, enforce fair use, and protect the Platform.
6) Customer Content; Your Responsibilities
“Customer Content” includes the messages, media, contact lists, campaign configurations, and related metadata you or your users upload or generate.
Ownership. As between the parties, you retain all rights in Customer Content.
Our Use. You grant us a worldwide, limited license to host, process, transmit, store, and display Customer Content solely to provide and secure the Services, troubleshoot, and as otherwise permitted in these Terms and the Privacy Policy. We do not use Customer Content for advertising or to train generalized AI models.
Compliance. You are responsible for the lawfulness of Customer Content and your messaging practices (consent, disclosures, opt-outs, records).
Third-Party Integrations. If you connect a CRM or other service, you authorize transfers of the configured data. Third-party terms apply to those tools.
7) Intellectual Property; Feedback
The Platform (software, UI, documentation, logos, and all associated IP) is owned by Delightful Chat and its licensors. Except for the license in Section 5.1, no rights are granted. Trademarks remain the property of their respective owners.
Feedback. If you provide suggestions, we may use them without restriction or attribution. You assign to us any IP in feedback to the fullest extent permitted by law.
8) Plans, Orders, Fees, and Taxes
8.1 Subscriptions and Seats
We offer subscription plans with seat counts, feature tiers, and usage limits as shown at checkout or in an order form (each, an “Order”). Plans auto-renew per Section 8.4 unless canceled.
8.2 Fees and Payment
You agree to pay all fees, taxes, and charges described in the Order or shown at checkout. We may bill via a third-party processor. You authorize recurring charges to your payment method until cancellation. Keep your billing info accurate and current.
8.3 Taxes
Fees are exclusive of taxes (sales, use, VAT, GST, duties). You are responsible for applicable taxes except those based on our net income.
8.4 Renewals; Changes; Cancellations
Unless otherwise stated, subscriptions auto-renew for successive periods at the then-current non-promotional rate for your plan and seat count. You may downgrade or cancel effective at the end of the current term through account settings or by written notice. Prepaid amounts are non-refundable except as expressly stated herein or required by law.
8.5 Free Trials and Promotions
Trial terms are as presented. We may limit trials to first-time customers, prevent abuse, and start billing at trial end unless you cancel before expiration.
8.6 Non-Payment
Failure to pay may result in suspension or termination. We may charge late fees as permitted by law and recover collection costs.
9) Physical Products (if any)
If you purchase any physical products (e.g., hardware, printed materials), the following apply:
Pricing & Shipping. Prices exclude shipping/insurance unless stated. We select carriers unless the Order specifies otherwise. Partial shipments may occur. Delivery times are estimates only.
Title & Risk. Title and risk pass at delivery to your designated location.
Inspection. Inspect within 10 days of delivery and notify us in writing of nonconformities with reasonable evidence. If timely and valid, we may repair, replace, or refund the affected units (our option).
Limited Warranty. For 1 year from shipment, products are free of material defects in materials and workmanship that render them unusable. Exclusions: abuse, misuse, unauthorized repair/alteration, or use with unsupported hardware/software.
Exclusive Remedies. YOUR SOLE REMEDY FOR NONCONFORMING PRODUCTS IS REPAIR, REPLACEMENT, OR REFUND (AT OUR OPTION).
10) Service Levels; Changes; Beta/AI Features
Service Changes. We may modify features, impose or relax limits, or discontinue components to improve reliability, security, or compliance. Material reductions will be communicated where feasible.
Beta/AI Features. Optional or beta features may be labeled as such, are provided AS IS, may be withdrawn, and should not be used for mission-critical workflows. Customer Content used by an optional AI feature is processed only to provide that feature’s function.
11) Privacy; Data Protection
Our Privacy Policy describes how we collect and process personal information. If you require a DPA, we will provide one for processing performed on your behalf as a processor/service provider.
You are responsible for providing legally sufficient notices to and obtaining consent from your contacts as required by applicable law (e.g., opt-ins for messaging).
12) DMCA / IP Complaints
If you believe content on the Platform infringes your rights, email hello@delightfulchat.com with: (i) proof of ownership/authority, (ii) identification of the work, (iii) identification of the allegedly infringing content and its location, and (iv) a good-faith statement. For counter-notices, provide (i) your authority, (ii) description and location of removed content, and (iii) a good-faith statement that the removal was mistaken. We may restore content absent a court order after review.
13) Disclaimers
EXCEPT FOR ANY EXPRESS LIMITED WARRANTY IN SECTION 9, THE PLATFORM AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE DELIVERY SPEEDS, UNINTERRUPTED ACCESS, OR OUTCOMES (E.G., RESPONSE RATES), AND WE DO NOT CONTROL APPLE/CARRIER POLICIES OR THIRD-PARTY SERVICES.
14) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
NO INDIRECT DAMAGES. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS/REVENUE; LOSS OF DATA; OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
CAP. OUR TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE IS LIMITED TO THE AMOUNTS PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
ESSENTIAL PURPOSE. THESE LIMITS APPLY REGARDLESS OF THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY) AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow certain limits; in those places, we limit our liability to the maximum extent permitted.
15) Indemnification
You will defend, indemnify, and hold harmless Delightful Chat, its affiliates, and their officers, directors, employees, and agents from and against claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Customer Content; (b) your messaging practices (including consent and opt-outs); (c) your breach of these Terms or law; or (d) your misuse of the Platform.
16) Suspension and Termination
We may suspend or terminate access immediately if: (a) you materially breach these Terms (including the no-blast rule); (b) your use threatens Platform security or deliverability; (c) required by law or carrier/Apple policy; or (d) for non-payment. Upon termination, your license ends and access ceases. We may retain or delete data per our Privacy Policy, DPA, and legal obligations.
17) Export; Sanctions; Anti-Abuse
You represent that you (and your end users) are not located in, and will not use the Platform from, embargoed/sanctioned countries and are not a denied party. You will comply with U.S. and international export and sanctions laws.
We may use automated and manual reviews to mitigate fraud, spam, or abuse.
18) Governing Law; Venue; Arbitration; Class Action Waiver
Governing Law. These Terms are governed by the laws of the State of Michigan, without regard to its conflicts of laws rules.
Informal Resolution. Before filing a claim, the parties will try to resolve disputes in good faith for 30 days after written notice to the addresses in Section 21.
Arbitration. Except for (i) IP protection claims (injunctive relief), and (ii) small-claims actions, all disputes arising out of or related to these Terms or the Platform will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or Consumer Rules, as applicable). The seat of arbitration is Washtenaw County, Michigan; proceedings may occur virtually. Judgment on the award may be entered in any court of competent jurisdiction.
Class Action/Jury Waiver.YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Claims must be brought in an individual capacity only. If this waiver is found unenforceable for a claim, that claim must proceed in court (not arbitration) in the state or federal courts located in Washtenaw County, Michigan.
19) Order of Precedence; Entire Agreement
If there is a conflict between these Terms and an executed Order or DPA, the Order or DPA controls for the conflicting subject matter (unless the Order expressly states otherwise). These Terms, the Privacy Policy, DPA (if applicable), and any Orders constitute the entire agreement and supersede prior agreements on the same subject.
20) Assignment; Force Majeure; Survival
You may not assign these Terms without our written consent. We may assign to an affiliate or in a merger, acquisition, or asset sale.
Neither party is liable for delays or failures caused by events beyond reasonable control (force majeure).
Sections intended to survive (including 6–8, 9, 10–16, 18–22) survive termination.
21) Notices; Contact
Legal and account notices may be delivered within the Platform, by email to your account email, or by mail to your last provided address.
Contact us:
Delightful Chat
c/o Delightful Payments, LLC
215 W Michigan Ave, Suite 35, Ypsilanti, MI 48198
hello@delightfulchat.com
22) Definitions
Order: An online checkout confirmation or executed order form specifying plan, term, seats, and pricing.
Subscription Term: The initial and any renewal periods for your plan.
Nonconforming Products: Physical products that materially deviate from the Order or are defective as delivered.
Personal Information: As defined in the Privacy Policy.
23) Interpretation
“Include/including” means “including without limitation.” Headings are for convenience only. If any provision is unenforceable, the remainder remains in effect.
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