Terms of Service

Our terms of service determine our mutually benefited collaboration.

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Effective Date October 11th, 2023,

*Note: The aforementioned Effective Date shall be applicable to all new users subscribing to the Apifon Services on or after the Effective Date. For Users that have subscribed to the Services before said date, the present Terms of Use shall be effective commencing from the 1st of November 2023. Until then the previous version of the Terms of Use shall be applicable. 

(To view the prior version of our terms of service, go here)

Apifon is a company, construed under the laws of Greece, located in the city of Thessaloniki providing messaging automation Platforms that help businesses to communicate effectively with their customers, grow revenue and improve customer experience. Our cloud Platforms enable communication through multiple channels: SMS, Viber, Email, and other chat apps.

When you create an account at any Apifon Platform, you, or your business, in case you use our Services for business purposes, are automatically bound by the following Terms of Service, which, being a legally binding text, shall govern and regulate your use of the Services offered by the Platforms as well as your relationship with us. In case you have entered into a more specific written Agreement with Apifon you are additionally bound by the terms of the Agreement.

In order for you to use our Services you must be capable of performing legal acts, according to the Greek Law and the legislation of the EU, which govern these Terms as well as any other Agreement you enter into with us. Therefore, by creating an account and using our Services you confirm that you are at least 18 years of age.

1. General

1.1. The terms “we”, “us” or “our” in the present Terms of Service refer to Apifon. Apifon’s headquarters are located at 27, Georgikis Scholis Av., P.C.57001, Thessaloniki, Greece.

1.2. By the term “Platform” we mean our Platforms as well as a set of APIs, SDKs, plugins, code, specifications, documentation, technology, and services.

1.3. The present Terms of Service, as well as their modifications, are governed by the laws of Greece as well as the EU legislation. Any total or partial invalidity of a specific term does not affect the validity of the rest of the terms and it shall be replaced with a new or modified term that has an equal meaning and intention as the invalid one.

1.4. We reserve the right to modify the present Terms of Service from time to time without justification. In such a case we shall notify you in advance of any modifications via any of available Apifon’s communication channels. By using our Services, you automatically agree to the modified Terms of Service.

1.5. When you register for an account, you enter into an agreement with Apifon for an indefinite period of time. Each Party has the right to terminate this agreement at any time and for any reason, provided that a prior written notice of at least one month is given (please see No. 13 below).Unless you have entered into a written agreement with Apifon, your relationship with us shall be regulated by the present Terms of Service, as such may be modified from time to time. In case of any contradictions between these Terms of Service and the provisions of a written agreement between you and Apifon, the provisions of the latter shall prevail.
 

2. Your account

2.1. In order to use our Services, you are required to create an account. To register for the Service, you must complete the account registration process by providing Apifon with true, current, complete and accurate information as prompted by the registration form, including your e-mail address (username) and password.

2.2. You are obliged to take all reasonable precautions to prevent unauthorized access to or use of our Services by third persons and you shall notify us promptly of any unauthorized access or use. We hold no responsibility or liability of any kind for any loss or damage caused to you or any other person resulting from unauthorized use of your account.

3. Payment

Unless specified differently in a written Agreement between you and us, payment for our Services must be made upfront through a monthly subscription, a pre-paid balance, or pre-paid credits. All possible payment methods can be found on the Apifon platform. Note that bank transfers under 500 euros are not permitted. Once purchased, your subscription, pre-paid balance, or credits will reflect in your account, and we will send you an invoice. The fees for the Services you utilize are based on the rates outlined in your Control Panel. We retain the right to modify these rates, but we will ensure to notify you in writing prior to implementing any changes to the pricing structure. 

4. Guarantees

Although we make great efforts to keep our Services free of errors and interruptions, we do not guarantee that this will be feasible at all times. Your use of the services is your own responsibility and at your own risk. No oral or written information or advice given by us shall create a warranty. The services and all the materials, information, software, facilities, services and other content in the site are provided “as is” and “as available” without warranties of any kind, either explicit or implied. To the fullest extent permissible pursuant to applicable law, Apifon disclaims all warranties, explicit or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Apifon does not warrant that the functions contained in or through its services will be at all times available, uninterrupted or error-free, that defects will be corrected, or that the services or the servers that make the services available are free of viruses or other harmful components. Apifon does not warrant nor does it make any representations regarding the use or the results of the use of the material, information, software, facilities, services, or other content of the services or any websites linked to the services in terms of their correctness, accuracy, reliability, or otherwise. Apifon makes no warranties that your use of the materials, information, software, facilities, services, or other content of the services will not infringe the rights of others and apifon assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, services, or other content of the services or any other website.

5. External Links

In our website as well as in our Platforms there might be external links leading to other websites that provide products and Services, which do not belong to Apifon and which have no relation of any kind with Apifon. We do not offer any guarantee for the content, or the activities of these websites and we hold no responsibility or liability of any kind for any damage caused to you or any other person resulting from the content of these websites.

6. Your compliance obligations

6.1. When you are using our Services, you are required to comply with all applicable laws and regulations as well as with the present Terms of Service and any other more specific written Agreement made between you and us. In addition, when sending messages via the Viber communication channel of the Platform, you are also required to respect and comply with the terms and regulations set by Viber as such may be modified from time to time (please see Annex 1 below).

6.2. You shall not use the Services or permit the Services to be used in a way that enables any illegitimate content to be transmitted. Illegitimate content includes, but is not limited to content that:

• qualifies as SPAM under applicable laws and regulations or constitutes unsolicited traffic;
• potentially causes the introduction of harmful computer programs or code in any Platform of Apifon or end-users’ devices;
• violates any legal, regulatory, governmental or telecom operator’s requirements or codes of practice;
• is unlawful, pornographic, abusive, racist, obscene, offensive, threatening, defamatory, discriminatory, misleading or inaccurate; or
• infringes the intellectual property or other rights of any person or entity; or
• is illegal in any other way;
• which shall be determined as illegitimate by Apifon at its sole discretion.

6.3. We do not control or in any way interfere with the sender id/name, sender email address, or the content of your communications. Therefore, you are solely and fully responsible for the sender id/name, sender email address, and the content of communications, which are sent by you or on your behalf through our Platforms or which seem to have been sent by your account. You are required to implement adequate measures to prevent the Services from being used in violation of these Terms or applicable laws and regulations and to prevent unauthorized access to our Platforms through your software or systems. You shall be held fully responsible for any damages caused to Apifon or others as a result of the transmission of illegal, immoral, and invalid content (also see 12.4 and 12.5 below).

6.4. When submitting information and personal data to the Platforms regarding the end users you wish to send communication to, you should submit only the information that is necessary for the provision of the Services. You are strongly advised not to submit any social security number, passport number, driver’s license number, or similar identifier, credit card or debit card number, employment, financial or sensitive personal data, or any other information which may be subject to specific data privacy and security laws, and which are not necessary for the provision of the Services.

6.5. You shall be held fully responsible for any damage caused to the systems of Apifon resulting from your faulty use of our Services.

7. Data protection

7.1. According to the applicable data protection laws and regulations (such as the EU General Data Protection Regulation, GDPR) you are required to have obtained the valid consent of your end users or possess another valid legal basis in order for you to be able to contact them for informational, promotional, advertising or other purposes in the framework of the provision of our Services.

7.2. Regarding your personal data we constitute Personal Data Controllers whereas we constitute Personal Data Processors in relation to the personal data of your end-users. Depending on our role as Personal Data Controllers or Processors we have specific obligations.

7.3. The Processor of Personal Data shall:

7.3.1. process the Personal Data only according to documented instructions by the Controller;

7.3.2. ensure that persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

7.3.3. take all measures required pursuant to Article 32 of the GDPR, namely, to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk to the rights and freedoms of natural persons;

7.3.4. assist the Controller by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the Controller’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR;

7.3.5. assist the Controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR, relating to security of Processing, Personal Data Breaches and data protection impact assessments;

7.3.6. upon request of the Controller, delete or return all the Personal Data to the Controller after the completion of the provision of Services relating to Processing, and delete existing copies, unless applicable law requires storage of the Personal Data.

7.4. The Controller of Personal Data shall:

7.4.1. implement appropriate technical and organizational measures to ensure and to be able to demonstrate that Processing is performed in accordance with the GDPR. Those measures shall be reviewed and updated where necessary;

7.4.2. sign a Data Processing Agreement with the Processor of Personal Data, which shall apply in addition to and for the purposes of these Terms as well as any other Agreement made between you and us.

8. Our Use of your data and your End Users’ data

8.1. You acknowledge that you have read Apifon’s Privacy Notice about how we collect, store, and use your data, and that you understand and agree with it. Your data consists of information made available to us through your use of our Services under these Terms. It includes information such as your name, contact information, billing records, messaging logs, and traffic routing information, as well as the content of communications sent through or integrated with our Services, such as message bodies. If you do not agree with Apifon’s Privacy Notice, you should stop using our Services at any time.

8.2. “End Users’ Data” means all the data which you receive, store, or transmit on when using our Services. End Users’ Data is, and at all times shall remain, your exclusive property. Apifon will not use or disclose End Users’ Data except as materially required to perform the Services or as required by the law. Furthermore, you are solely responsible for the End Users’ Data you submit through our Services and have control over them.

8.3 You further acknowledge and agree that we may access or disclose your data or your End Users’ Data, including the content of communications stored in our systems, in case:

• we believe that such disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or government request;
• to enforce our agreements and policies;
• to protect the security or integrity of our Services and products;
• to protect ourselves, our other customers, or the public from harm or illegal activities;
• to respond to an emergency which we believe in good faith requires us to disclose data so as to assist in preventing a death or serious bodily injury.

9. Right to review campaigns

Automated processes may view, copy, and make use of content from your campaigns and account to create algorithms and programs that help us improve our Services and offer you new products based on predictive models. We use this kind of information to make our Service smarter and create better experiences for you and your end users.

10. Confidentiality

10.1. “Confidential Information” means information maintained in confidence by a Party, and which is marked as such, or should be considered confidential due to its nature. Details of any platform, supporting documentation, the Services, and the results of any performance tests of the Services are regarded as Confidential Information.

10.2. Each Party agrees that it will use Confidential Information of the other Party solely in accordance with the provisions of these Terms of Service as well as the terms of a more specific Agreement that they might have entered into and that it will not disclose such information to any third party without the other Party’s prior written consent. Moreover, each Party agrees to exercise due care in protecting Confidential Information from unauthorized use and disclosure. However, and in case it is necessary for the provision of the Services, each Party may disclose Confidential Information of the other Party, in whole or in part, to its employees, representatives and subcontractors, who are legally bound to keep such information confidential, consistent with the terms of this Section.

10.3. The Parties are required not to copy or reproduce Confidential Information in any form. Moreover, they are required to return, otherwise, upon request, to destroy any material to which Confidential Information is incorporated, after the end of its use as well as after the termination for any reason of your relationship with Apifon in accordance with the present Terms, provided that the period for which Apifon is obliged to maintain it has passed according to the Hellenic Authority for Communication Security and Privacy (ADAE).

10.4. You are solely responsible for the use of all passwords to Apifon’s systems as well as for maintaining their confidentiality and safe storage. All passwords are stored in Apifon’s systems hashed, that is to say we do not have any access to them. You are responsible for all operations or other activities carried out with the use of your password and/or username. Passwords are not to be transported or traded. You shall notify us immediately in case you suspect or know that your username and password have been stolen or used by third parties. You remain solely responsible for all authorized and unauthorized use of your username, password, or account.

10.5. You shall be held fully responsible for any damage caused to Apifon resulting from any leak of information that has been marked as confidential and which was caused by your negligence or fault.

11. Intellectual property

All intellectual property rights regarding our logos, Platforms and their features, the Services, documentation, or any other functionalities we offer to you, also upon your request, remain exclusively with Apifon. These Terms as well as your use of our Services do not grant you any rights, intellectual property rights, or licenses in respect of our Platforms, our Services or other documentation or materials provided to you.

12. Limitations of Liability

12.1. Apifon shall not be liable for any damages caused by:

• faults, errors or delay in delivery, transmission or reception of electronic communications;
• unauthorized or fraudulent use of our Platforms; or
• electronic communications that do not meet legal or regulatory requirements such as, but not limited to,  requirements set by judicial, government, regulatory, supervisory or other competent Authorities or by any telecom operators and third-party providers etc..

12.2. We shall only be liable under the present Terms provided all of the conditions below take place cumulatively:

• the breach of our obligations is caused by our fault;
• you have, without delay, notified us in written of this breach;
• you have given us a reasonable term to correct the breach;
• the event or circumstance causing the breach is within our reasonable control; and
• we failed to correct such breach within a reasonable space of time.

12.3. We shall be liable only for proven direct damages caused by our fault. We shall not hold any liability for indirect, future, consequential etc. damages or losses such as consequential damages, loss, revenue, profits, data, business, anticipated savings, damages resulting from third party claims, or any other damage caused by business stagnation.

12.4 Apifon does not alter or in any way interfere with the content of your communications and the end-users receiving this communication, which remain exactly as you have uploaded them on the Platforms. Due to local restrictions in some countries, your sender id cannot always be maintained. Sender ids can be overwritten to long codes, short codes, or generic alpha ids, depending on the destination. Apifon, enabling you to send your communication to the end-users you wish, constitutes a provider of telecommunication services and an email service provider. As such it holds no responsibility for the content stored or transmitted through its Services. This content does not in any way reflect or express Apifon’s opinions and views nor its interests. Moreover, Apifon has no obligation to follow and check for the validity, accuracy, quality, and legality of the transmitted content. Therefore, Apifon does not bear any liability for any losses or damages of any kind caused as a result of the content transmitted by its Services and you will be held solely responsible for any fine imposed respectively either to you or Apifon. In case a fine is imposed on Apifon, according to the aforementioned, you have the obligation, within 15 days after its imposition, to reimburse Apifon the equivalent of the amount of the fine.

12.5 In case Apifon suspects or discovers that you use its Services to transmit illegal, immoral, or invalid content it has the right to immediately deactivate and block your account. In addition, Apifon shall file a complaint to the Authorities and cooperate with them throughout the procedure by disclosing your data and other information relating to your account activity, upon their request.

13. Support

13.1. Should you encounter any problems or have any questions while using our Services,  you can contact Apifon’s Support Team at  support@apifon.com during Support Team working hours (Monday to Friday 09:00 -19:00 EET/EEST).

14. Termination and suspension

14.1. Apifon reserves the right to terminate or suspend your access to the Services at its sole discretion and without prior notice. Termination or suspension may take place in case:

• You fail to comply with the stipulations in these Terms of Service or in a specific Agreement you've entered into with Apifon.
• You misuse the Services in ways that may include, but aren't limited to, the following:
  -Violation of third-party rights, encompassing intellectual property rights.
  -Breaching any prevailing laws and regulations (which may evolve over time).
  -Transmitting content that is deceitful, misleading, harmful, offensive, or violent.
  -Using the services in ways that potentially harm, degrade, obstruct, or delay Apifon's or any third-party's systems and networks.
  -Using the services in ways that may harm Apifon’s interests or reputation.
• You file for bankruptcy, suspension of payments or similar protection from creditors;
• You have been declared bankrupt or are granted suspension of payments; or
• You have not used our Services for a continuous period of twelve (12) months or more.

14.2. If your use of the Services is terminated or suspended for any reason, Apifon has no obligation to refund pre-paid balance or credits.

15. Force majeure

15.1. So called ‘Force Majeure Events’ may occur. A Force Majeure Event refers to an event which does not depend on the will of any of the Parties and which, even if it could have been foreseen, could not have been prevented. Force Majeure Events include failure of a utility Service or transport or telecommunications network or the internet, war, riot, civil commotion, fire, flood, storm or default of suppliers or subcontractors.

15.2. If prevented by a Force Majeure Event from performing its obligations the “Nonperforming Party” under these Terms and any other terms governing its relationship with us, it shall not be held liable, provided that such Nonperforming Party has used all reasonable efforts to perform those obligations nonetheless and that it has notified us in written, with no delay, about the Force Majeure Event.

15.3 Your payment obligations towards Apifon shall be at all times fulfilled and therefore they are excluded from the aforementioned limitation of liability of the Nonperforming Party.

16. Dispute resolution and governing law

16.1. The present Terms of Service, as well as all  their modifications, are governed by and interpreted according to the Greek law and the laws of the European Union.

16.2. Before bringing any legal proceedings, you should first try and resolve any dispute, that might have occurred, with us using out-of-court means.
Therefore, you can contact us at:
Address: 27, Georgikis Scholis Av. 57001, Thessaloniki, Greece
Tel: +30 2316018500
E-mail: legal@apifon.com

16.3. However, in case we do not manage to reach to a compromise and the aforementioned dispute remains unresolved the courts of the city of Thessaloniki in Greece shall be competent.

ANNEX 1
Sending Messages via the Viber Communication Channel

If you wish to send Viber communication to your message recipients, please take a minute to read carefully the following information based on the Viber Messages Guidelines of Viber Media S.a.r.l.:

1.1. Message content will not include any of the following:

• Content which infringes or violates any rights, including any intellectual property rights of a third party;
• Content which is or may be considered to be abusive, discriminating, harassing, including harassment or discrimination on the basis of race, colour, national origin, ancestry, physical disability, and mental disability, medical condition including genetic characteristics, marital status, sex, age, sexual orientation, veteran status, or any other characteristics protected by law;
• Content which is illegal by any applicable laws or regulations;
• Content that contains or transmits viruses, worms, defects, Trojan horses,or any malicious code;
• Content that falsely expresses or implies that such Content is sponsored or endorsed by Viber;
• Content that promotes, mentions and/or invites users to competitive platforms (as determined by Viber in its sole discretion) or any other messaging or calling apps.

1.2. Below is a list of industries, goods and services that will not be accepted for Business Messages and will be rejected by the Business Messages operations team in its sole discretion, without limitation to other types of industries:

• Political parties or organizations with a political nature.
• Gambling and Trade - online and offline casino businesses, sports betting, bidding, lottery, bitcoin, binary options and forex companies (unless approved in writing in advance by Viber, subject to the relevant warranties and licenses, documents, information and assurances provided by the Business to Viber’s satisfaction).
• Credit/loan services unless offered directly by banks (unless approved in writing in advance by Viber, subject to the relevant warranties and licenses, documents, information and assurances provided by the Business to Viber’s satisfaction).
• Pawn shops or related services.
• Content with sexual nature and any other adult content.
• Tobacco related services.
• Alcohol related services.
• Trade of weapons and/or drugs, whether prescription, recreational, or otherwise.
• Open portals/blogs that have no control over the published content, for example Internet websites that allow its users to create content and share it.
• Religious services including churches, temples, mosques etc.
• Online spiritual services such as tarot cards readings, astrological mapping, etc.
• Companies that are considered to be Viber’s competitors, as decided by Viber, in its sole discretion

1.3. The recipient of your messages must provide their consent (opt-in) before you can send them any message and you must retain proof of receipt of such consent. The consent must clearly state that the recipient is opting in to receive messages from you over Viber and clearly state your name. You are solely responsible for obtaining opt-in in a manner that complies with the applicable laws to the relevant communications, and to provide any notices and obtain any permissions that are required under applicable law. Business Messages that are sent to users without such users’ opt-in consent will be considered spam messages and you will be subjected to liquidated damages, as the case may be.

1.4. Viber is entitled to block any Business, for a certain period or permanently, if Viber decides in its sole discretion that such Business is  in violation of these Guidelines and/or the Business Messages Agreement, and impose liquidated damages on it for spam incidents caused by such Business using the Business Messages platform, as the case may be.

1.5. Unless otherwise communicated by Viber, in case you wish to onboard to the Business Messages platform you will be required to sign a warranty letter, in the form provided by Viber, which will include relevant warranties and undertakings for you, including but not limited to provisions with regards to compliance with these Business Message guidelines. Businesses must send content that exclusively correlates to the information they presented to Viber at the registration stage. Content that will not be in accordance with the main business of the Business/sender ID or relates to a Business that was not approved by Viber will be considered as SPAM.

1.6. Block rate – Viber pro-actively monitors block rates for all Businesses and may, in its sole discretion, disable Businesses with exceptional block rates until further notice.

1.7 A disabled Business will have to provide all the information requested by Viber with respect to the content of the message in order for Viber to consider releasing its account and/or avoid liquidated damages, which release remains at Viber's sole discretion. Viber shall have the right to terminate any and all services with Businesses at its sole discretion, without notice and for any reason whatsoever.