MEG SMS — Terms of Service

Effective August 19, 2026  ·  Version 1.0 (draft)

1. Overview & parties

These Terms govern your access to and use of MEG SMS (the "Platform"), a text message marketing application provided by 9144820 Canada Inc., doing business as Meginteractive Solutions (the "Company", "we", "us", "our"), a corporation with its registered office at 298 rue Picasso, Dollard-des-Ormeaux, Quebec H9A 3K3, Canada.

"You" and "Client" mean the business that has been granted access to the Platform. "Recipient" means a person to whom you send a message using the Platform. The Platform is provided for business use only; it is not offered to consumers.

Access to the Client & Project Portal at hours.meginteractive.com is governed by its own Terms and Conditions, which are separate from these.

2. Access & accounts

We grant you a limited, non-exclusive, non-transferable and revocable right to access the Platform for your own internal business purposes, for as long as your account remains active.

Accounts are issued to named individuals. You agree to keep credentials confidential, not to share them, and to tell us promptly at hello@meginteractive.com if you believe an account has been compromised. You are responsible for what your authorised users do on the Platform, including messages they send.

3. Fees, invoicing & non-payment

We publish no price list and the Platform takes no payment online. Fees, message allowances and billing intervals are negotiated individually and recorded in a separate written quotation, statement of work, or agreement, and billed by invoice.

Order of precedence. If anything in these Terms conflicts with a written agreement signed by both parties, or with an accepted written quotation, that document prevails to the extent of the conflict. These Terms govern everything it does not address.

Invoices are payable according to the terms stated on them. If an invoice remains unpaid, we may suspend access after giving you written notice and at least fifteen (15) days to bring the account current. We will not delete your data during a suspension for non-payment; section 11 governs what happens on termination.

4. Your data & your recipients

Your contact lists, your message content, and the results of your campaigns remain yours. We claim no ownership of them.

You are responsible for the personal information of your Recipients. You decide what is collected, why, and to whom messages are sent. We hold and process that information solely on your instructions and solely to provide the Platform to you, as a service provider within the meaning of section 18.3 of Quebec's Act respecting the protection of personal information in the private sector.

We do not sell, rent, or trade your data. We do not use your Recipients' information to market our own services, and we do not message your Recipients on our own account.

We may use aggregated and de-identified information — for example total volumes, delivery rates, and error rates — to operate, secure, and improve the Platform. Aggregated information never identifies you or any Recipient and is never shared in a form that could.

How we handle personal information generally, including retention periods and the rights available under Quebec law, is described in our Privacy Policy.

5. Consent & anti-spam compliance

Canada's Anti-Spam Legislation ("CASL") governs commercial electronic messages sent to recipients in Canada, including text messages. You are responsible for complying with it for every message you send through the Platform.

You represent and warrant, for every Recipient on every list you use, that:

• you hold express or implied consent as CASL defines it, and that consent was obtained without pre-checked boxes or bundling into unrelated terms;
• you keep records of that consent — who consented, when, and by what means — and can produce them if a regulator asks. The Platform records what it can observe, but the obligation is yours, and it does not cover consent gathered elsewhere;
• every message identifies you as the sender and gives contact information that stays valid for at least sixty (60) days after the message is sent; and
• every message contains a working unsubscribe mechanism, and you will honour an unsubscribe request within ten (10) business days.

You must not send to a number a Recipient has asked you to stop using, and you must not use the Platform to circumvent an unsubscribe.

Messages to Recipients in Quebec engage the Charter of the French Language. Where the Charter requires it, you are responsible for sending in French, and for making any French version at least as prominent as another language.

We may suspend sending immediately, without prior notice, where we receive a credible complaint, a regulator or telecommunications provider requires it, or we have reasonable grounds to believe messages are being sent without consent. We will tell you why as soon as we reasonably can.

6. Unsubscribe & keyword handling

The Platform recognises standard opt-out keywords in English and in French — including STOP and ARRÊT — and records the opt-out against the sender that the Recipient replied to.

You must not disable, bypass, or interfere with that handling, and you must not re-add a Recipient who has opted out unless that Recipient gives fresh consent. An opt-out applies to your future messages, not only to the campaign that prompted it.

7. Acceptable use

You agree not to use the Platform to:

• send anything unlawful, deceptive, fraudulent, defamatory, harassing, or threatening;
• misrepresent who is sending the message, including by falsifying sender identity or originating number;
• send content that Canadian telecommunications providers prohibit or filter as a matter of course — including sexually explicit material, illegal substances, and high-risk financial offers such as payday lending;
• send to numbers obtained by purchase, scraping, or list rental;
• interfere with the Platform's operation, attempt to access another customer's data, or probe it for vulnerabilities without our written permission; or
• resell or provide the Platform to a third party as a service without our written agreement.

You are responsible for the content of your messages. We do not review them before they are sent, and no absence of objection from us amounts to approval.

8. Delivery, carriers & availability

We cannot guarantee that any message will be delivered. Text messages pass through telecommunications providers and mobile carriers that may filter, throttle, delay, block, or refuse traffic at their own discretion, and neither we nor you control those decisions.

The Platform is provided on an "as available" basis. We do not commit to an uptime level, a delivery rate, or a support response time unless a separate written service level agreement says otherwise. We aim to give advance notice of planned maintenance where it is likely to interrupt sending.

9. Intellectual property

The Platform, its software, interfaces, documentation, and the MEG SMS name and logo remain our property or that of our licensors. Nothing in these Terms transfers ownership of them to you.

Your content — your lists, messages, and campaign data — remains yours. You grant us only the limited licence needed to host, process, transmit, and back it up in order to provide the Platform, for as long as your account is active and for the retention period described in section 11.

10. Third-party services & integrations

Shopify. Where you connect a Shopify store, you authorise the Platform to receive store, order, cart, and customer data from it in order to build segments and trigger automations. Your use of Shopify is governed by your own agreement with Shopify, not by these Terms, and you are responsible for having the right to connect the store.

Klaviyo. Where you connect a Klaviyo account, you authorise the Platform to exchange profile, list, segment, and event data with it so that audiences and automations stay in step across email and text. Your use of Klaviyo is governed by your own agreement with Klaviyo, not by these Terms, and you are responsible for having the right to connect the account. Consent to receive text messages is separate from consent to receive email: a profile subscribed to your email list has not, by that fact, consented to be texted.

Message transmission. Messages are transmitted using Amazon Web Services (AWS), which passes them to the mobile network operators that deliver them to Recipients. Those operators are not our subcontractors and we do not control them. Messages are processed in the AWS Canada (Montreal) region, so they do not leave Canada in the course of being sent.

We are not responsible for the acts, omissions, availability, or terms of third-party services.

11. Suspension & termination

Either party may terminate access on written notice. We may suspend or terminate immediately where you materially breach these Terms, where sending must stop for legal or regulatory reasons, or where an invoice remains unpaid after the notice described in section 3.

On termination, you may export your lists, message history, and consent records for thirty (30) days. After that period we delete or irreversibly de-identify them, except where we are required to keep records for a longer period by law — in which case they remain subject to our Privacy Policy and are used for no other purpose. This is intended to match the commitment made in the Privacy Policy; the two must not diverge.

12. Limitation of liability

To the extent permitted by law, our total liability arising out of or relating to the Platform is limited to the fees you paid for it in the twelve (12) months preceding the event giving rise to the claim. We are not liable for indirect, incidental, or consequential loss, including lost profits, lost revenue, or lost business opportunity, or for messages that are delayed, filtered, or not delivered by a telecommunications provider.

You will indemnify us against claims, penalties, and reasonable costs arising from messages you sent through the Platform, including proceedings under CASL, where the claim results from your breach of section 5.

Nothing in this section limits liability that cannot be limited under Quebec law. Article 1474 of the Civil Code of Québec does not permit a person to exclude or limit liability for bodily or moral injury, or for an intentional or gross fault. Where these Terms are a contract of adhesion, article 1437 permits a court to strike or reduce an abusive clause, and nothing here is intended to displace that.

13. Changes to these Terms

We may update these Terms. Where a change is material, we will give you notice in the Platform or by email at least thirty (30) days before it takes effect, and tell you what changed.

Continued use is not treated as acceptance. If you do not accept a material change, you may tell us before it takes effect and end your use of the Platform, and we will make your data available for export as described in section 11.

14. Governing law & disputes

These Terms are governed by the laws of the Province of Quebec and the laws of Canada applicable there. The parties submit to the exclusive jurisdiction of the courts of the Province of Quebec, district of Montreal, subject to any right you have to bring proceedings elsewhere that cannot be waived by agreement.

If any provision is held unenforceable, the rest remains in force.

Questions or concerns?

For questions about these Terms or about MEG SMS, contact your Account Manager or write to hello@meginteractive.com.

For questions about personal information, contact our Privacy Officer, Brahm Morganstein, President, at hello@meginteractive.com or 9144820 Canada Inc., 298 rue Picasso, Dollard-des-Ormeaux, Quebec H9A 3K3, Canada. Our Privacy Policy explains your rights in full.