Terms Of Service

TERMS OF SERVICE

  1. PREAMBLE

These Terms of Service (the «Agreement ») and the «Privacy Policy» governs both Your subscription to and use of the Services. By clicking the Create Account Button indicating Your acceptance You agree to the terms of the Agreement. You are not prevented from entering our Services if you are a direct competitor, but with our prior consent. You may not use the Services for purposes of benchmarking. However You may use for competition or research purposes, but with Our prior consent. This Agreement is effective between You and Us as from the date of You accepting the Agreement. (“Effective Date”).

  1. ALERT

We offer powerful services at a low price. In exchange We expect Our customers to act with integrity in order to help Us maintain our reputation as a professional service provider. .If You use Our Services to send an unauthorized SMS or e-mail or other electronic message or campaign to a recipient , We may charge You a penalty or any larger amount that may be imposed under applicable law, with a minimum of the actual damages We would likely suffer from any abuse of Our system or violation of the Agreement or the laws that regulate sending out and the content of SMS.

  1. DEFINITIONS

The words and expressions of the Agreement shall have the meaning as established in this «Definitions» if not otherwise required from the context of the Agreement. Plural and singular word shall have the same meaning. “We”, “Us” or “Our” shall mean mNotify AS, a  communications service provider and Ghanaian limited company, with its registered office at Accra-Ghana, email address info@mnotify.com and business registered number CB 43

“You” or “Your” shall mean the entity for which You are accepting the Agreement, and Affiliates of that entity. “Affiliate” means any entity that is directly or indirectly owned or controlled by You with more than 50% of the shares or voting interests.“Subscriber” shall mean anyone subscribing to any of Our Services.

“Opt-in” shall mean someone is given the option to consent to receiving marketing communications by SMS, e-mail or other electronic means.

“Users” shall mean the persons for whom You have subscribed the Service and who have been supplied user identification and passwords by You (or by Us on Your written request).

Users may include Your employees, contractors, media agency or other third parties with which You transact business.“Service” shall mean the Service that is made available by Us via the website.You agree to be bound by the terms of the Agreement.  

“Your Data”shall mean any and all electronic data or information, including but not limited to personal data and/or intellectual property rights protected works, submitted by You to the Services.

  1. CHANGES

We reserve the right to change any of the terms of the Agreement by posting the revised Agreement on Our Website and/or by sending an e-mail to the last e-mail address You have given Us. Unless the Agreement is terminated by You within ten (10) days, this new Agreement will be effective immediately thereafter with respect to any continued or new use of the Service.

  1. ELIGIBILITY

Our Services are intended to be used in business-to-business, consumer-to-consumer and business-to-consumer communications. No person under the age of eighteen (18) years shall have the right to use Our Services. By using Our Services You represent and warrant that You are at least eighteen (18) years of age and that Your use of the Services does not abuse Our system or violate the Agreement. Your uploads may be deleted and Your subscription may be terminated without notice if We have reason to believe that You are under eighteen (18) years of age or abuse or have intention to abuse Our system or violate the Agreement or any law.

  1. FREE SUBSCRIPTION

Signing up for an account is free. You may use Our Services initially, for free, since 10 SMS credits are dashed out for You to test out. Free subscriptions are hence limited to the use of the Service.The free subscriptions to the Services are provided “as-is” without any warranty.

  1. USER SUBSCRIPTION

Our Services are purchased as User subscriptions and provided “as-is”.Only the Users who have signed up are allowed to access the Service(s). Each Registered User will have a  unique password, which shall not be shared with any third party.You are responsible for maintaining the confidentiality of any Username(phone number) and of the password provided to You and of any information of Us and of any third party obtained under the Agreement.You are solely responsible for usage of any account provided to You, whether or not the usage is authorized by You.You agree to immediately notify Us of any unauthorized use of any account of Yours and to Order any necessary Service to cover for the actual usage.

  1. PRICES AND PAYMENT

The prices for Our Services are detailed on Our website and may be changed from time-to-time. You agree to pay any sales, use, value-added, or other tax or charge imposed or assessed by any government entity upon the use or receipt of Services. If You select a  online bundle, You agree to at all times provide us with valid mobile money or credit card information and authorize us to deduct the agreed charges against such accounts. Any person using a credit card warrants that he or she is authorized to use such credit card.Enterprise and agency subscriptions are invoiced and paid in advance or later. Additional consumption related to enterprise and agency subscriptions beyond the consumption included in the prepayment are invoiced as well. We are required to provide You a refund if We terminate Our Services to You without cause before the end of the term for which You have paid. We retain the right to immediately refuse access to any Service in case the credit requirements are not fulfilled by You.

  1. REFUND OF PAYMENT

All purchases are final and all payments made or accrued are non-refundable. Also, if Your account is terminated due to Your breach of the Agreement, no payment will be refunded. If You want to make a claim that We have charged You in error, you must give notice of claim within 7 days of when We charged You in error, backed with evidence. We reserve the right to refuse a refund request if We reasonably believe (a) that You are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the Services; (b) if You are in breach of the Agreement or (c) if We reasonably suspect that You or someone with access to Your User account are using Our Services fraudulently.

  1. EFFECTIVE DATE AND TERMINATION

The Agreement for subscription-based access to Our platform services, shall become effective on the Effective Date when Service begins to run. Your account will be immediately terminated if you violate Our Terms of Service, Our Privacy Policy or any of the intellectual property, data protection or privacy laws or regulations applicable to the countries in which You are using Our Services to sending any form of communications.

  1. FORCE MAJEURE

Either party’s failure to perform its obligations hereunder shall not be deemed a breach of the Agreement if such failure is due to fire, strike, war, civil unrest, governmental regulations, acts of nature, or other causes beyond the reasonable control of the party claiming Force Majeure. This provision shall not apply to Your obligation to pay any sums that are due prior to the Force Majeure event, which shall continue unabated.

  1. THE PARTIES RESPONSIBILITIES
  2. Our responsibilities

We shall:

  • Provide Service to You
  • provide respectively Our customer and technical support for Service(s) to You at no additional charge and on request.
  • use commercial efforts to make the Services available twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond Our reasonable control.
  • provide Service(s) in accordance with applicable laws and governmental regulations only.
  • by means of planned, systematic measures ensure satisfactory data security with regard to confidentiality, integrity and accessibility in connection with the processing of Your Data
  • not modify or disclose Your Data except as permitted by you.
  1. Your responsibilities

You shall:

  • be responsible for the accuracy, quality and legality of Your Data
  • use commercially reasonable efforts to prevent unauthorized access to or use of the Service(s), and notify Us promptly of any such unauthorized access or use.
  • use the Service(s) only in accordance with the Agreement, the Privacy Policy and applicable laws and authority regulations.

You shall not:

  • use the Service(s) to store,communicate or otherwise process infringing, or otherwise unlawful or torturous material.
  • interfere with or disrupt the integrity or performance of the Service(s)
  • attempt to gain unauthorized access to the Service(s) or their related sites.
  • send out unrelated offers or unrelated content to Your contacts or communities.
  • violate any data protection and privacy laws and regulations applicable to the countries in which you are sending any form of communications via Our Services.
  1. Responsibilities of creation and distribution of campaigns

You are aware that the Service is provided through automated processes and that the Service content including campaigns are distributed based on Your Data as provided by You. You are therefore exclusively responsible that the created and distributed content and the forms of communication meet all legal requirement in any of the countries You choose to distribute Your campaign and You are exclusively liable of any legal obligations or law not complied with by You or someone under Your responsibility. In case legal obligations or laws are not complied with, You will hold Us harmless for all loss, damages and costs of any kind including reasonable legal fees.

  1. You are aware and acknowledge that:
  • capacity problems may occur
  • availability problems may occur as the Service is delivered through third party services providers over Internet.
  • SMS delivery problems may occur as the success rate of SMS delivery depends on the terms of the mobile operator of the recipient.
  1.  INTELLECTUAL PROPERTY RIGHTS

Without prejudice to the limited rights expressly granted under the Agreement, We or Our Licensors shall have all intellectual property rights (IPR) in the Service(s). Any loss caused by  infringements by You or by any person under Your responsibility shall be borne by You.

Your campaigns

If You, a third party acting on Your behalf, or a User distribute campaigns using the Services, You authorize Us to host, copy, transmit, display and adapt such campaigns and process Your Data solely as necessary for Us to provide the Services in accordance with the Agreement. Subject to the above, We acquire no IPR from You under the Agreement in or to such campaigns or Your Data.

  1.  CONFIDENTIALITY

We and You agree to retain in confidence the non-public terms of the Agreement and all other non-public information and know-how disclosed or that becomes known by either party as a result of activities pursuant to the Agreement, which is either designated as proprietary and/or confidential, or by the nature of the circumstances surrounding disclosure, should reasonably be understood to be confidential (“Confidential Information”). Each party agrees to: (a) preserve and protect the confidentiality of the other party’s Confidential Information; (b) refrain from using the other party’s Confidential Information except as contemplated herein; and (c) not disclose such Confidential Information to any third party except to employees, representatives and contractors as is reasonably required under the Agreement. Notwithstanding the foregoing, either party may disclose Confidential Information of the other party which is: (i) already publicly known; (ii) discovered or created by the receiving party without reference to the Confidential Information of the disclosing party, as shown in records of the receiving party; (iii) otherwise known to the receiving party through no wrongful conduct of the receiving party, or (iv) required to be disclosed by law, court order or by any authority of any relevant country.Either party hereto may also disclose any Confidential Information here under to such party’s agents, attorneys and other representatives or any court of competent jurisdiction or any third party empowered here under as reasonably required to resolve any dispute between the parties hereto.

  1.  RESTRICTIONS IN USE

mNotify is a communications platform meant for lawful and non-offensive communications. In order to ensure the highest delivery rates possible for all Our customers we do not allow You to send out communications that might jeopardize the deliverability of our entire system. You can therefore not send:

  • any communications that violate the laws that regulate sending out and the content of bulk and/or marketing communications
  • sexually explicit communications.
  • hateful, discriminatory or other in Our reasonable judgment inappropriate communications.