Terms of Service (13 June 2019)

Our terms of service determine our mutually benefited collaboration.

Effective Date June 13, 2019, updated on May 29, 2019

(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 facilities are located in 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. Only the present Terms of Service as well as the terms of any more specific written Agreement you have entered into with Apifon shall apply to all Services Apifon provides you with, unless otherwise is agreed upon in written.

1.4. 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.

1.5. 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 e-mail or through our website. In case you continue using our Services, you automatically agree to the modified Terms of Service.

1.6. 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 (see no 13 below).

2. Your account

2.1. In order for you to use our Services, you are required 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 either by providing a telephone number, to which you will receive a verification code that enables you to enter into the form, or by clicking the link included in the confirmation e-mail that you will receive in order to verify your e-mail address.

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

2.3. 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 otherwise is agreed upon by a more specific Agreement between you and us, you pay for our Services upfront by purchasing a monthly subscription, a pre-paid balance or pre-paid credits. For your payments you can use PayPal, credit or debit card, etc. Your purchased subscription, pre-paid balance or credits will be added to your account and you will receive an invoice from us. We charge you for the Services you use at the actual fee rates specified on your Control Panel. We reserve the right to change these fee rates at any time. However, we shall provide you with a written notice immediately – before the new pricing policy enters into force.

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 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, with regard to the use of the Viber channel, you are also required to comply with the terms and regulations set by Viber.

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 authorised 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 organisational 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 organisational 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 organisational 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 must stop using our Services.

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 of your 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 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 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 sent by you that do not meet legal requirements or requirements set by telecom operators.

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 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 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 neither 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 to 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.

12.4 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. Termination and suspension

13.1. Apifon may terminate or suspend your use of the Services by notifying you in case:

you breach any of your obligations under these Terms or under the terms of a more specific Agreement you have entered into with Apifon;
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 interests 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 your use of the Services is terminated or suspended for any reason, Apifon has no 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 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.

14.3 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.

15. Dispute resolution and governing law

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

15.2. 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:
27, Georgikis Scholis str. 57001, Thessaloniki, Greece
+30 2392 500 377
legal@apifon.com

15.3. 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.