Terms of Service (21 June 2018)

Rules that govern our relationship when you use services offered by Apifon

Updated on 21 June 2018

Apifon provides 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 agree to these General Terms and Conditions, which shall govern your relationship with us unless otherwise provided by a more specific agreement between you and us. In order for you to use our Services you should be capable to perform legal acts, according to the Greek Law and the legislation of the EU, which govern these Terms and any other agreement made between you and us. Therefore, by creating an account and using our Services you also confirm that you are at least 18 years of age. If you use our Services for business purposes, that business will be bound to the Terms outlined below, unless otherwise provided by a more specific agreement between you and us.

1. General

1.1 In this agreement “we”, “us”, “our” or “Apifon” refers to Apifon Single Member Private Company (Apifon SMPC). Apifon headquarters is located in Thessaloniki, Greece.

1.2 Only these Terms, and no other Terms, apply to all Services Apifon provides to you, unless we agree otherwise in writing. If you use our Services, you accept these Terms and they will become a legally binding agreement between you and Apifon, in addition to any other more specific agreement between you and us.

1.3 These Terms, as well as their modifications, are governed by the Greek legislation as well as the legislation of the EU. Any total or partial invalidity of a specific term does not affect the validity of the rest of the terms. The gap thus occurring shall be completed with a new or modified term.

1.4 We keep the right to modify these Terms from time to time without justification. If we do, we will notify you in advance via e-mail or through our website of any modifications. If you continue using our Services, you agree to the modified Terms.

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 a month is given.

2. Your account

2.1 To use our Services, you will be asked to create an account. As part of the account creation process, you will be asked to provide your email address, create a password, and verify that you are a human being by providing a telephone number to which we will send you a verification code to enter into the form or by receiving a confirmation email and clicking a link to verify your email.

2.2 You must provide true, accurate, current and complete information about yourself as requested during the account creation process.

2.3 You agree to take all reasonable precautions to prevent unauthorized access to or use of our Services and will 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 from unauthorized use of your account.

2.4 We want to keep you updated regarding our Services. Therefore, we would like to send you e-mail newsletters from time to time. If you wish to receive our e-mails you should let us know. However, if you choose not to receive any e-mail newsletters from us you should opt-out by clicking “Unsubscribe” in the newsletter or contacting us at +30 2392 500 377.

3. Payment

Unless otherwise is provided by a more specific agreement between us, you pay for our Services upfront by purchasing a monthly subscription, a pre-paid balance or pre-paid credits. For your charges upon using our Services you can use PayPal, credit or debit card. Your purchased subscription, pre-paid balance or credits will be added to your account and you will receive a preform invoice from the Accounting Department. We will charge you for the Services you use at the actual fee rates specified on your Control Panel. We have the right to change these fee rates at any time by providing you with written notice immediately – before the new pricing policy enters into force.

Every time you make use of our Services you are charged per message you send, unless otherwise is provided by a more specific agreement between us.

4. Guarantees

Although we make great efforts to make our Service error and interruption free, we cannot promise that such efforts will result with such desired performance. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. THE SERVICE 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 EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, APIFON DISCLAIMS ALL WARRANTIES, EXPRESS 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 ON OR THROUGH THIS SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APIFON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY WEBSITES LINKED TO THE SERVICE 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 SERVICE 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 SERVICE OR ANY OTHER WEBSITE.

5. External Links

In our website there may be external links leading to other websites of other Services, which do not belong to Apifon. Therefore, 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 resulting from these websites.

6. Your compliance obligations

6.1 When using the Services, you shall comply with all laws and regulations applicable to the use of the Services and with these Terms or any other terms as agreed between us.

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

qualifies as SPAM under applicable laws and regulations;
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 of any person or entity; or
is illegal in any other way which shall be determined at the sole discretion of Apifon.

6.3 We do not control or in any way intervene 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 sent by you or on your behalf through our platforms. You have to implement adequate measures to prevent that the Services are used in violation of these Terms or applicable laws and regulations and to prevent unauthorized access of our platforms through your software or systems. You shall be held fully responsible for any damages caused to Apifon or others caused by the transmission of illegal, immoral and invalid content (also see 12.4 and 12.5 below).

6.4 You may not submit through our Services any social security number, passport number, driver’s license number, or similar identifier, credit card or debit card number, employment, financial or health information, or any other information which may be subject to specific data privacy and security laws.

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

7. Data protection

7.1 You guarantee that you have obtained all required and valid consents from your clients according to the applicable data protection laws and regulations (such as the EU General Data Protection Regulation, GDPR) as required for the processing of personal data by Apifon for the performance of our Services.

7.2 Depending on your relationship with Apifon, we can be either the Controller of Personal Data or the Processor of such data and as a result have specific obligations and rights.

7.3 The Processor shall:

7.3.1 process the Personal Data only on documented instructions from 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 fulfillment 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 the security of Processing, Personal Data Breaches and data protection impact assessments;

7.3.6 at the choice of the Controller, delete or return all the Personal Data to the Controller after the end 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 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 our Data Processing Agreement, 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 customer data

8.1 You acknowledge that you have read Apifon’s Privacy Policy and understand that it sets forth how we will collect, store, and use your data. Your data consists of information made available to us through your use of our Services under these Terms, which 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 to Apifon’s Privacy Policy, you must stop using our Services.

8.2 “End Users’ Data” means all data which you receive, store, or transmit on or 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 law. Furthermore, you are solely responsible for 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 on our systems, if:

we believe that 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 to assist in preventing a death or serious bodily injury.

9. Right to review campaigns

We may view, copy, and internally distribute 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 will be regarded as Confidential Information.

10.2 Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party’s prior written consent. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section.

10.3 The Parties are also required not to copy or reproduce Confidential Information in any form. The Parties are required to return, otherwise, upon request, after the end of their use, to destroy, in order to serve the terms of this agreement and after any termination of the present agreement, any material to which Confidential Information is incorporated, if the period that Apifon is obliged to maintain them has past 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 the confidentiality and safe storage of them. All passwords are stored in Apifon’s systems hashed. You are responsible for all operations, or other activities carried out with the use of the password and/or username. Passwords cannot be transported or traded. You shall notify us immediately if you suspect or know that your username and password are 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 in our platforms, Services, documentation or any other functionalities we offer to you, also upon your request, remain exclusively with Apifon. These Terms, as well as the 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 by you.

12. Limitations of Liability

12.1 Apifon will 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 sent by you that do not meet legal requirements or requirements set by telecom operators.

12.2 We will only be liable under these Terms provided all of the conditions below take place cumulatively:

the breach of our obligations is caused by our fault and you have, without delay, notified us in writing of a breach of our obligations and you have given us a reasonable term to correct such 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 damages 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 intervene with the sender id/name, sender email address, the content of the messages and the recipients, which remain exactly as you have uploaded them on the platform. Apifon, enabling you to send your messages and email campaigns to the recipients 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 and 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.

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 about your account activity, upon their request.

13. Termination and suspension

13.1 Apifon may terminate or suspend the agreement by notifying you in case:

you breach any of your obligations under these Terms;
Apifon considers that your use of the Services might be contrary to applicable laws and regulations, public order or morality, or could in any way be considered to be offensive or violent;
Apifon’s interest could in any way be harmed by your use of the Services;
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.

13.2 If the agreement is terminated for any reason, Apifon will not have any obligation to refund pre-paid balance or credits.

14. Force majeure

14.1 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.

14.2 If a party is prevented by a Force Majeure Event from performing its obligations under these Terms and any other terms governing its relationship with us (the “Nonperforming Party”), 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. Dispute resolution and governing law

15.1 These Terms, as well as their modifications, are governed by and interpreted according to Greek law and the laws of the European Union.

15.2 Before bringing a formal legal claim, 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:

adress: 27, Georgikis Scholis str. 57001, Thessaloniki, Greece
telephone: +30 2392 500 377
email: dpo@apifon.com

15.3 However, in case of any dispute, the courts of the city of Thessaloniki in Greece shall be competent.