© Message Jay 2025
Last updated: May 19, 2025
The Messagejay (web) app (hereinafter also referred to as the “App”) for guest registration in hospitality establishments is operated by Philipp Uhl Capital UG (hereinafter referred to as “Messagejay”). This App, which is the subject of these Terms and Conditions of Use (“TERMS OF USE”), is intended to execute automations upon receipt of emails.
These TERMS OF USE govern the legal relationships in connection with the App. By registering for the service and thus creating a user account, you confirm that you have read and accepted the TERMS OF USE and that you have taken note of and carefully read the PRIVACY POLICY regarding the service.
Messagejay is solely responsible for operating the App.
Messagejay is not responsible for the contents of the processed emails or the results of the automations.
Any individual who is at least 18 years old and visits a participating hospitality business may register for the App or enter their data. Minors require the consent of their legal guardians to register.
Messagejay reserves the right to verify the data you have provided, if necessary for transparency, to build trust, or to prevent or detect fraud. This particularly applies to the verification of phone numbers and identification documents.
However, Messagejay makes no guarantee as to the accuracy, reliability, or validity of the data subject to the verification process.
Messagejay will make the App accessible 24 hours a day, 7 days a week, to the extent possible. However, temporary outages may occur, without prior notice, due to technical maintenance, data migration, updates, or other technical issues—both within the App and the general network.
All users are individually responsible for complying with the general laws, regulations, and obligations relevant to their use of the App.
The agreement is valid for the duration specified in the subscription. It will be automatically renewed for the same period unless you or we terminate it with 14 days’ notice before the end of the current term. For annual subscriptions, the contract will renew annually; for monthly subscriptions, it will renew monthly. The right to terminate the agreement without notice for good cause remains unaffected.
The conditions in effect at the time of renewal for subscriptions of indefinite duration shall apply.
Termination may be submitted by post or email to: Philipp Uhl Capital UG, Weberstr. 18, 59558 Lippstadt, Germany, Email: abomessagejay.com
Messagejay reserves the right to delete user profiles that violate these TERMS OF USE without further notice.
Messagejay will collect and process personal data in connection with your use of the App. By using the App and registering as a user, you confirm that you have taken note of and read the PRIVACY POLICY.
Unless otherwise stated, and except for the content and data provided by registered users, Messagejay is the sole owner of all intellectual property rights related to the services, the App, its content (particularly texts, images, designs, logos, videos, sounds, data, graphics), and the software and databases that enable its operation.
Messagejay grants you a non-exclusive, personal, and non-transferable right to use the App and the services for your personal, non-commercial use. This right of use is subject to the intended purpose of the App and the services. It expires upon suspension or deletion of the user account.
Any other use of the App and the services, as well as the use and exploitation of the content, is permitted only with prior written consent from Messagejay. In particular, you are prohibited from:
copying, reproducing, modifying, adapting, distributing, publicly displaying, or disseminating the App, the services, or the content, unless expressly authorized by Messagejay;
decompiling or reverse engineering the App or the services, except where legally permitted;
extracting or attempting to extract any part of the App’s data (especially using data mining robots or similar data collection tools).
Users have no claims against Messagejay arising from its intermediary role or from the use of the App. Exempt from this exclusion are claims for damages due to injury to life, body, or health, or the breach of essential contractual obligations (“cardinal obligations”), as well as liability for other damages resulting from intentional or grossly negligent breaches of duty by Messagejay, its legal representatives, or vicarious agents. Essential contractual obligations are those necessary for achieving the purpose of the contract between Messagejay and the users.
In the event of a breach of essential contractual obligations, Messagejay is liable only for foreseeable damages typical of the contract, unless the user’s claim for damages arises from injury to life, body, or health.
These liability limitations also apply to the benefit of Messagejay’s legal representatives and vicarious agents if claims are asserted directly against them. The provisions of the German Product Liability Act remain unaffected.
These TERMS OF USE constitute the entire agreement between you and Messagejay regarding your use of the App and the website.
Notices, documents, and announcements provided via the App are to be understood as guidelines and may specify the rules laid out in these TERMS OF USE in more detail.
Messagejay reserves the right to unilaterally amend these TERMS OF USE. You will be informed of any changes, including the content of the modified provisions, at least 14 days before they take effect via email to the most recently provided email address. The amended TERMS OF USE will become part of the agreement.
In the event of a change, the user has the right to extraordinary immediate termination, which must be communicated to Messagejay in writing or text form within 10 days. This termination right will be expressly stated in the notice of changes to the TERMS OF USE.
These TERMS OF USE are written in German and are governed by German law. The exclusive place of jurisdiction for disputes between Messagejay and business customers is Aachen, Germany. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
If necessary, you may also submit complaints regarding our App or services via the dispute resolution platform provided by the European Commission at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
We are not obligated and generally not willing to participate in a dispute resolution procedure before a consumer arbitration board.
If you have any questions, you may contact Messagejay by email at: supportmessagejay.com
These terms of service shall be governed by German law. The sole binding language of these terms of service is German. The English translation provided is for information purposes only and has no legal force whatsoever.