This Agreement sets out the terms and conditions under which you may access and use the Mersal platform. Please read it carefully to understand your rights and obligations when using the Service.
Who We Are
Our website address is https://mersal.it.
Mersal is a multi-channel bulk-messaging and marketing-automation platform — SMS, WhatsApp, and Email campaigns, CRM, automation, and AI tools — operated from Cairo, Egypt.
You can reach us any time at [email protected].
1. Introduction
Welcome to Mersal, a platform designed to help you communicate with your customers over SMS, WhatsApp, and Email. These terms and conditions (the “Agreement”) govern your use of the Mersal service (the “Service”). By using the Service, you agree to be bound by this Agreement as well as the WhatsApp Terms of Service where WhatsApp channels are used. If you do not agree to these terms, you may not use the Service.
2. Use of Service
The Service is intended solely for lawful purposes. You may not use the Service for any illegal or unauthorized purpose, and you agree to comply with all applicable laws and regulations. You are solely responsible for your use of the Service and any content that you transmit or receive through the Service.
3. Accounts and Security
You are responsible for maintaining the confidentiality of your account credentials and API keys, and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized use of your account.
4. Modification and Termination of Service
Mersal reserves the right to modify or terminate the Service at any time, without notice, for any reason. Mersal shall not be liable to you or any third party for any modification, suspension, or termination of the Service.
5. Content Ownership and License
Mersal does not claim ownership of any content that you transmit or receive through the Service. However, by using the Service, you grant Mersal a worldwide, non-exclusive, royalty-free license to use, reproduce, and process such content solely for the purpose of providing, maintaining, and improving the Service.
6. Indemnification
You agree to indemnify, defend, and hold harmless Mersal and its affiliates, officers, employees, and agents from any claims, damages, or other liabilities arising out of your use of the Service or any content that you transmit or receive through the Service.
7. WhatsApp Terms of Service
When using WhatsApp channels, you acknowledge and agree to comply with the WhatsApp Terms of Service, available at whatsapp.com/legal. If you violate the WhatsApp terms, your account may be terminated or access to the Service may be blocked.
8. Privacy
Mersal takes your privacy seriously. Our Privacy Policy, incorporated into this Agreement by reference, outlines what we collect, how we use and protect it, and your rights.
9. Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis. Mersal does not warrant that the Service will be uninterrupted or error-free, nor does it make any warranty as to the accuracy, completeness, or reliability of any information obtained through the Service. Mersal disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability
In no event shall Mersal or its affiliates, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the Service or this Agreement, including but not limited to loss of profits, loss of data, or interruption of business, even if Mersal has been advised of the possibility of such damages. Mersal’s total liability to you or any third party shall not exceed the amount paid by you, if any, for access to the Service during the active subscription period.
11. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Arab Republic of Egypt, without regard to its conflict-of-law provisions. Any dispute arising out of or in connection with this Agreement shall be resolved exclusively by the competent courts of Egypt.
12. Modifications to Agreement
Mersal reserves the right to modify this Agreement at any time by posting a new version on its website. Your continued use of the Service after such modifications constitutes your agreement to the modified terms.
13. Assignment
You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Mersal. Mersal may assign or transfer this Agreement without your consent to any affiliate or acquiring entity.
14. Entire Agreement
This Agreement, together with the Privacy Policy and the applicable channel terms (such as the WhatsApp Terms of Service), constitutes the entire agreement between you and Mersal with respect to the Service.
15. Severability and Waiver
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of Mersal to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
16. Prohibited Uses
In addition to all other terms in this Agreement, you may not use the Service to:
- Promote, host, or otherwise facilitate IPTV services or content that infringes copyright, trademark, or other intellectual-property rights.
- Distribute or promote content or activities that violate applicable laws or public morals, including content deemed immoral or haram, or activities prohibited under Islamic principles.
- Sell or promote subscriptions to video-streaming platforms (Shahid, Netflix, Amazon Prime, Disney+, or similar) or music platforms (Spotify, Anghami, YouTube Music, or similar).
- Sell or promote smoking-related products, including vaping devices and derivatives.
- Sell or promote sexual services or products of any kind.
- Promote or deal with gambling or betting websites, or anything similar.
- Promote financial products or services involving interest (riba), including certificates of deposit, bonds, interest-bearing loans, credit cards, installment plans, or treasury bills.
Important notice: Any use of the Service conflicting with these restrictions will result in immediate and permanent suspension or termination of your account without prior notice and without any refund obligation.
17. WhatsApp Number Suspension and Bans Disclaimer
WhatsApp is an independent service. Mersal is a connection utility only and is not responsible for any limitations, suspensions, or permanent bans imposed by WhatsApp/Meta on phone numbers linked to the Service as a result of dispatch patterns deemed spam or policy violations by WhatsApp’s anti-abuse systems. No refunds or financial compensation will be provided for number blocks.
18. Recipient Consent Obligation (Anti-Spam)
You represent and warrant that you are solely responsible for obtaining explicit, legally valid opt-in consent from all recipients before transmitting any automated or marketing communications through the Service. Broad-scale unsolicited messaging (spam) is strictly prohibited. See our Anti-Spam Policy for details.
19. Infrastructure Dependency
Service availability depends on the stability of the underlying networks (mobile carriers, WhatsApp, and email providers). Mersal does not guarantee 100% immediate delivery of all messages or uninterrupted platform availability during network interruptions, though we make commercial best efforts to restore service promptly.