CPaaS
Our Terms and Conditions
You are admitted to use our Service throughout Your personal account as well as to be recognised as Our Client by carefully reading, taking into consideration and accepting the following Terms and Conditions described here below.
Think Intermedia SIA (company №. 40103671346, legal office address: Skanstes iela 7 k-1, LV-1013, Riga, Latvia trades on behalf of Sendberry (hereinafter referred to as “Sendberry”), provides the Service and operates the Platform.
Any questions connected with presented Terms of Service are accepted and investigated via Our official e-mail: [email protected] or, if needed, via our official Call-center: +37167660119.
In addition, current Terms of Service presume observing following additional Policies which cannot be underestimated or neglected during Your use of Our Service. This Privacy Policy as well as Website Acceptable Use Policy as well as Our Cookie Policy are to be found on Our official website which is: www.sendberry.com.
“Website Acceptable Use Policy” stands for certain terms and conditions on which customers are allowed to use the features of Our Platform.
1.2. We reserve the right to modify, update and/or change these Terms of Service without notice to You and if not stipulated otherwise. Previous versions of the Terms of Service shall be substituted by the most recent version which is available on Our Platform. You acknowledge the responsibility to be aware on Your own of any changes connected with current Terms of Service. The continuation of the use of Our Services, after certain modifications in Terms of Service has been conducted, shall be considered not only as Your acceptance of these modifications, but also as Your immediate and constant observance of modified Terms of Service.
2.2. Immediately after You have agreed with current Terms and Conditions of Our Service during registration and/or started to use our Platform, Your are considered to have entered into a binding contract with Sendberry and Your account starts to be identified as active.
3.2. Current Terms and Conditions of Service determinate Your use of Our Platform.
3.3. We reserve the constant right to fully or partly modify, change, suspend and/or terminate the provision of Service either permanently or temporarily and without notifying You.
3.4. As part of providing the Service, We may need, using Your Contact Details, to send You announcements and alerts regarding Your use of Our Platform. Without your Contact Details we will not be able to inform You when needed. Your Contact Details could be also used by Us to inform You about additional services and use cases of Our Platform. Therefore, You conserve the right to opt out any time of receiving such notifications by following the Unsubscribe link attached to any Our previous e-mail received by You or by following other unsubscribe instructions.
3.5. As a crucial part of Service, We provide You as an accountholder with a license that is fully personal, non-exclusive and non-assignable and has a sole purpose which is exactly allowing You to use Our Platform and Service in a way permitted by current Terms and Conditions as well as by all applicable laws, regulations and industry codes of practice.
3.6. We cannot guarantee the Service being always provided in a timely manner free from any interruptions or errors as well as messages being always successfully delivered.
3.7. As a Customer and User of Sendberry Platform, You are being charged for each SMS or MMS message You send regardless its the final delivery status. We shall not acknowledge the responsibility for any undelivered or delayed message.
3.8. Also we shall not acknowledge the responsibility for the back-up of any information including Content and Contact Details that You use as part of the Service. We are not responsible for any loss of such information.
3.9. We shall not acknowledge the responsibility for any loss resulting from failed or delayed Service delivery.
3.10. Conditions and terms listed below in clause 3.10 set out the procedure of Top-Up:
a) You must associate Your Sendberry account with a valid credit or debit card to complete Top-Up payments. Completing Top-Up payments could be done in any other available payment method. You must be authorised to give payment authority regarding this credit or debit car;
c) You must specify the conditions of Top-Up payments as well as set limits for maximal amount of each Top-Up payment (“Top-Up Limits”);
d) Each payment corresponding to the Top-Up Limits mentioned above is considered to have been authorised by You; such payment will be applied by Us in the purchase of new Credits;
e) You guarantee to fix any failed payment of a Top-Up request correctly demanded by Us within 2 days from the moment we have informed You about such failure. You also take responsibility for any Credits used and related to such failed payment.
4.2. You may refer to Our official website provided that You do so in a fair and legal way without damaging Our reputation or taking advantage of it. You must not use Our official link with the aim to propose any form of association, endorsement and/or approval on behalf of Us, though without Our permission. You must not use Our official link in any website which does not appertain to You. Our Platform must not be framed on any other website. We reserve the right to cancel linking permission.
4.3. In case You desire to use the content of Our Platform in a manner that differs from the one described above please contact Us via Our official e-mail address which is: [email protected]
a) direct registration on Our Platform;
b) creating an account with the help of Our Client Support Center.
7.2. When opening a Sendberry account personal detailed information is required. All data submitted to Us in accordance with this clause 7 will be handled in accordance with Our Privacy Policy which is to be found on Our official website: www.sendberry.com.
7.3. Any use of Your Sendberry account under Your username and password are identified as Your use of Our Platform and Service.
7.4. It is prohibited to create a Sendberry account for those under the age of 18. When creating a Sendberry account You are confirming that You are at least 18 years old. We reserve the right to close Your account immediately if We suspect the violation of this demand.
7.5. You are only entitled to set up 1 Sendberry account, unless otherwise agreed with Us. In case You have registered another account without any preliminary agreement with Us we reserve the right to eliminate all Your registered accounts at once.
7.6. We persuade You to create and, consequently, use a “strong” password which will guarantee greater data security. Therefore, We shall not acknowledge the responsibility for any data loss or damage arising from Your failure to ensure the security of Your account. We will provide You with a replacement password and/or username upon request, provided that You successfully pass certain security control steps. We shall not acknowledge the responsibility for any loss You suffer arising from forgetting Your username and password.
7.7. By agreeing to current Terms and Conditions, You admit to fully reimburse Us, if needed, for any losses caused by claims connected with Your use of Our Service.
8.2. We accept payments made with credit or debit cards, bank wires and any other payment methods available in our Platform. Depending on the method of payment additional administrative charges could be applied.
8.3. We reserve the right to modify (including adding or withdrawing previously approved by Us) methods of payment approved by Us at any time.
8.4. You guarantee that any information concerning payments is precise and accurate and belongs only and solely to You as well as You are authorised to execute these payment methods including usage of debit and credit cards.
8.5. You agree to reimburse Us for any losses which are caused by an incorrect payment information or by the usage of a payment method which You were not authorised to use.
8.6. By purchasing Credits You authorise Sendberry to charge the designated payment method for the total amount of the purchase.
8.7. As the payment is successfully completed and received by Us we will immediately Top-Up Your account balance with the corresponding amount of Credits.
8.8. Credits are non-refundable unless We terminate Your use of the Service and/or close Your account according to the clause 17 described below.
8.9. We shall not acknowledge the responsibility for any losses resulting from Your failed payment.
8.10. Purchasing Sendberry Credits should be understood as Your agreement with Our pricing policy and rates which You are meant to be known with via Our Platform or by a notification from Us at the time You purchase the Credits.
8.11. The total amount of purchased Credits includes, if not otherwise estimated, VAT as well as all other applicable and stipulated by specific legislation taxes.
8.12. The amount of Credits required to use certain Sendberry Service is set out on Our Platform and could occasionally vary. Therefore, for example, while 1 Credit allows You to send 1 SMS consisting of 160 characters or less, You will be then needing 2 Credits to send an SMS which contains 161 characters. Unicode messages are limited to 70 characters per message.
8.13. Unless otherwise agreed between us, credits purchased before 12 months will irrevocably expire during this period of time and You will not be reimbursed for expired and/or unused Credits.
8.14. In case You use Credits unpaid in advance We will provide You with an invoice according to clause 9 below taking into consideration condition described in clause 9.3.
8.15. We shall not acknowledge to warn You beforehand about the expiry of Your Credits as a responsibility, though as a courtesy.
9.2. In consideration of the provision of the Service pursuant to a credit arrangement, You shall pay to Us fees for the Credits used at the rates previously agreed by Your Manager or as otherwise set out in Our invoices, which will be issued to You from time to time.
9.3. Each invoice payment has to be completed within 10 days from the moment the invoice was received.
9.4. In case invoice payment is fully or partly delayed or failed or if terms described in clause 3.10 are not observed:
a) You will be charged an interest at a rate of 3% per month above the Swedbank AS base rate on the amount You owe to Us;
b) We may reimburse Ourselves for any amounts that You owe to Us with pre-paid Credits by withdrawing those from Your account; we also may reimburse You for any amounts that We owe to You under any other agreements between You and Us;
c) In case We have to reimburse Ourselves for any amounts You owe to Us, We may also require a compensation of all debt recovery agency fees as well as legal fees spent for the reimbursement of owed from Your side amounts;
d) We reserve the right to block or immediately suspend Your account as well as terminate or shorten the provision of Our Service in case described terms of payment are breached by You.
9.5. Notwithstanding the provisions of this clause 9, We reserve the right to withdraw any credit arrangement with You at any time with or without cause explanation. In this case all amounts due to Us for unpaid Credits shall become payable immediately on demand.
a) if the correct price of Credits is less than the price stated on Our Platform, We will reimburse Your account for the difference with Credits. In case the pricing error is obvious and could have reasonably been considered by You as a mispricing, We do not take the responsibility to compensate the difference by providing Your account with Credits.
b) if the Credit price is higher than the price stated on Our Platform, We will contact You as soon as reasonably possible to inform You about this error and We will give You the option of setting off the amounts due to Us by issuing the correct invoice.
10.2 We reserve the right to modify Our prices or to introduce new administrative fees at any time.
11.2. All applicable laws, regulations and industry codes of practice concerning Your use of the Service must be observed.
11.3. It is Your sole and exclusive obligation to:
a) maintain Your Sendberry account and guarantee the provision of precise, trustworthy and complete information;
b) monitor the security of Your personal data especially username and password used for logging into Your account;
c) perform throughout Your Sendberry account only those activities which You are authorised to;
d) take responsibility for the distributed throughout Your Sendberry account Content as more specifically set out below in clause 12.
11.4. By agreeing with current Terms and Conditions You guarantee not to use Our Service in order to:
a) send unsolicited advertising commercial or non-commercial Content;
b) distribute viruses, scam or malicious Content;
c) in any manner damage Our reputation or provoke losses;
d) accumulate and distribute any source of Sensitive information or Special Categories of Personal Data (as defined in the EU General Data Protection Regulation 2016/679 (GDPR)) and any other confidential information protected by law.
11.5. The fact of damage of Our reputation foreseen in clause 11.4. is determined at Our sole discretion.
11.6. By agreeing to current Terms and Conditions You acknowledge the responsibility to reimburse Us for any losses caused by Your breach of Your legal obligations.
12.2. While using Our Platform You grant Us the permission to store, process and transmit the Content as necessary to deliver the Service.
12.3. While delivering the Service We may be needing to modify the Content as necessary to meet any requirements or limitations of devices, network operators or media.
12.4. By agreeing to current Terms and Conditions You guarantee You are authorised (which means You have all required permissions, licenses, rights etc.) to use in any manner the Content and upload, store and distribute it throughout Sendberry.
12.5. You also guarantee that:
a) any Content used by You in any manner neither breaches any third party intellectual property rights nor is illegal, criminal, abusive, pornographic, libellous, racist, discriminatory or fraudulent in any way;
b) while using Our Services with marketing purposes You completely respect and observe all applicable direct marketing and advertising industry legislations, guidelines and rules.
12.6 By agreeing with Current Terms and Conditions You acknowledge the responsibility to reimburse Sendberry for all losses including all direct or indirect consequential ones caused by Your use of Content throughout Our Platform.
12.7. We reserve the right to block Your Content under Our sole decision. We also reserve the right to access, read, conserve and/or disclose at any time and under Our sole decision any of Your Content whether it has been transmitted or not. In particular, We shall be able to act so in case We suppose it is necessary according to but not limited with the following:
a) control of observance of current Terms and Conditions, including investigating any potential breach;
b) observance of any legislation norms, legal processes and/or governmental requests;
c) execution of the request or query received from a third party regarding Your Content;
d) investigation, preventing or otherwise addressing any frauds, security or technical issues.
12.8 Transmission of Your Content is not equated to the acceptance that the Content does not breach these Terms of Service.
12.9. Additionally, You acknowledge the responsibility to clearly identify any commercial Content not otherwise as it is and provide correct name of the natural personal or a legal entity on whose behalf this Content is sent.
13.2. You guarantee Your sole responsibility for strict observance of all laws and regulations including data security, privacy and commerce policy as well as other policies connected with accumulation, storage, transfer and use of Contact Details contained in Your account.
13.3. You must be able to provide Us with a written evidence of each Contact’s “opt-in” to receive Your marketing notifications.
13.4. We reserve the right to block Your ability to send messages to third parties according to Our sole discretion. We are not obliged to inform You about this block in advance.
13.5. We reserve the right to monitor the interaction with Your Clients. This, in particular, includes, but not limits with, the following: record of quantity and exact time of following the link as well as the Internet protocol (IP) address. This is done with the only aim to provide You with complete reports which You can use to analyse efficiencies. For this purpose, some links could be automatically shortened. We are not responsible for the Content included into Your link.
13.6. By agreeing with Current Terms and Conditions You acknowledge the responsibility to reimburse Sendberry for all losses including all direct or indirect consequential ones caused by Your failure to obtain valid consent from Clients to use their Contacts Details and other data in relation to the Service.
13.7. You guarantee that stored personal information is true, precise and full. Therefore, You will be obliged to reimburse Us for all losses caused by providing false information or failing to update it promptly. You are also obliged to reimburse Us for any compliant against Us. We reserve the right to cancel or suspend Your account without notice.
14.2. By agreeing with current Terms and Conditions, You recognise Our power to temporarily or permanently “Unsubscribe” one or more of Your Contacts or any of their Contact Details at any time for any reason including a request to “Unsubscribe” from the Contact directly and/or a network operator. You are not allowed to re-“subscribe” and, consequently, recommence the delivery of marketing notifications to any Contact unless a concrete Contact allows You to act so. We are in power to require a written confirmation from the Contact that they have agreed to receive such communications from You.
14.3. We are not responsible for Your manner of observing all applicable laws and regulations regarding «Unsubscribe» and «Opt-out» as well as for Your breach of those and all consequences resulting from this breach. Observing «Unsubscribe» and «Opt-out» conditions is fully Your individual obligation.
a) unless and until the GDPR is no longer directly applicable in Latvia, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the Latvia;
b) then: any successor legislation to the GDPR.
15.2. Both sides which is You and Us equally agree to observe all applicable requirements of the Data Protection Legislation. None of clauses relieve, remove or replace both parties’ obligations according to the Data Protection Legislation.
15.3. According to Data Protection Legislation, You act on behalf of Data Controller and We act on behalf of Data Processor. Both Data Controller and Data Processor as well as Personal Data are defined exactly as in the Data Protection Legislation.
15.4. A legitimate motivation of processing personal data and using it throughout Sendberry Platform must be guaranteed by You. We will process personal data to perform the Service only on your instructions.
15.5. Without prejudice to the generality of clause 15.2, You guarantee You have legally received all necessary and appropriate consents and notices in order to enable lawful transfer of the personal data to Us for the duration and purposes of providing the Service. Compliance with all requirements set out in clause 13 and regarding Your Contacts is obligatory.
15.6. The assist in the provision of the Services according to current Terms and Conditions You using any holding, subsidiary or group company, located in the EEA is consented by You.
15.7. We shall, without prejudice to the generality of clause 15.2 and in relation to any personal data processed in connection with Our obligations under these Terms and Conditions, act as follows:
a) process personal data according to Your instructions solely unless We are required by the applicable laws of the European Union or of any member of it in order to process personal data (s. c. Applicable Laws). Where We rely on such Applicable Laws as the basis for processing personal data, We will immediately notify You about this in advance if those Applicable Laws do not foresee acting oppositely;
b) guarantee the availability of appropriate technical and organisational measures which exclude unauthorised or unlawful processing of personal data, accidental loss or damage of personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
c) guarantee the confidentiality of personal data processed by personnel
d) as to where clause 15.6 applies, we will not knowingly transfer any personal data outside of the European Economic Area without Your written consent and fulfilment of the following conditions:
• safe transfer is guaranteed both form Our and Your side;
• data subject is in enforceable rights and has effective legal remedies;
• We strictly observe our obligations according to the Data Protection Legislation while adequately guarding any transferred personal data that is;
• We strictly observe Your reasonable instructions notified to Us in advance regarding processing of personal data;
e) support You, at Your own cost, in responding to any request from a Data Subject and in ensuring compliance with Your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
f) notify You without undue delay on becoming aware of a personal data breach;
g) maintain full and precise records and information in order to demonstrate its accordance with this clause 15 and make possible the correct annual audit;
15.8. You agree with the fact We are using third-party processors to provide Our Services. Therefore, We guarantee from Our side that the usage of a third-party processor is made on a basis of written agreement with them incorporating terms which are substantially similar to those set out in this clause 15. We acknowledge full responsibility for all acts or omissions of any third-party processor appointed by Us pursuant to this clause 15.
16.2. Content published on Our Platform is completely protected by international copyright laws. All rights reserved.
16.3. On behalf of Sendberry we must always be acknowledged as all material and exclusive intellectual right owners.
16.6. The usage of any Our material for commercial purposes without Our license is strictly prohibited and prosecuted by law.
16.7. Breaching current Terms and Conditions in any manner will immediately result in cessation of Your use of Our Platform. In addition, You will be obliged to return or destroy any copies of Our materials You made.
16.8. All intellectual rights are exclusively owned by Us or by Our licensees and are not granted to You according to current Terms and Conditions in any manner.
16.9. None of the conditions mentioned above permit You to adopt, use and/or distribute any of Our logos, trade marks, domain names and other distinctive brand features.
18.2. We reserve the right to terminate immediately Your Sendberry account at any time without notice and cause.
18.3. As to clause 8.13, in case the use of Your Sendberry account is terminated by Us according to our reserved right described in clause 18.2 we, nevertheless, take the responsibility to reimburse You for are unspent and unexpired, according to the clause 8.13, Credits.
18.4. In case You stop using Your Sendberry account by Your own decision, We do not take responsibility to reimburse You for any Credits left unused. However, Your financial obligations in front of Us remain in power in accordance with these Terms and Conditions.
18.5. The closure of Your Sendberry account could be caused by, though not limited with, the following:
a) a third party makes any claim against You regarding Your use of Our Service;
b) the inability of paying the appropriate debts is admitted by You;
c) the negotiations between You and Your creditors are initiated with the aim to reschedule any of Your debts or to enter into a compromise with Your creditors;
d) Your winding up or bankruptcy are announced;
j) You suspend or cease, or threaten to suspend or cease, carrying on all or a substantial part of Your business;
k) You are subject to a change of control;
l) current Terms and Conditions are breached by You;
m) any warranty given by You in these Terms of Service is breached or found to be false or misleading.
18.6. In case current Terms and Conditions of Service are terminated for any reason:
a) all licences included in current Terms and Conditions terminate immediately;
b) according to Your request we are able to return all Contact Details and personal informations. However, we reserve the right to delete or in other manner modify all personal data that is in Our Possession, if otherwise not stated in clause 18.7 below;
c) all rights (including the reimbursement resulting from any breach of current Terms and Conditions) and obligations which existed at the time or before the provision of Service is terminated will not be affected or prejudiced.
18.7. Contact Details and other personal data could be fragmentary retained by Us after the provision of Service is already terminated in address to:
a) claims of fraud, scam, deception and/or any other kinds of those;
b) claims of intellectual property or other terms and conditions breach;
d) forecast of future law violence risks.
18.8. You allow Us to store Your Contact Details and other personal date in respect to the purposes described in clause 18.7
19.3. In addition to the limitations of liability stipulated in clause 19 or elsewhere in current Terms and Conditions, We do not recognise Our responsibility for:
a) all losses caused by any (even foreseeable) reason arising under or in connection with:
• Your use or disuse of Our Platform and Our Service;
• Your reliance on any information displayed on Our Platform.
b) extermination of Your data or other information;
c) the fact You being indicted by third parties for Your specific use of Our Platform and Our Service;
d) any oral or written advice provided by Us;
e) the fact the devices You are using do not support Our Service for technical or other reasons;
f) the following facts regarding You as a business user:
• loss of profits, sales, business etc.;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill, reputation etc.;
• any direct, indirect or consequential loss.
19.4 As a consumer user, You are able to use Our platform and Service for domestic and private purposes only, excluding any commercial and/or business ones. We do not acknowledge the responsibility for any Your loss of profit, business or its opportunity, business interruption etc.
19.5 We do not acknowledge the responsibility for any loss or damage connected with Your specific use of Our Platform and caused by a virus and/or distributed denial-of-service attack or other harmful material infecting Your devices, technical equipment, programs, data etc.
19.6 We cannot take the responsibility for any failures in provision of Service caused by such facts beyond Our reasonable control as: technological disasters, natural disasters (including lightning, flooding, severe weather, fire), environmental disasters (explosion, civil disorder, war, military operations, industrial disputes of any kind including the ones connected with Our employees, emergencies). We also cannot control the acts or omissions of other providers of services or the failure of any network operator or anything done by regulating bodies, governments or other competent authorities.
19.7 You acknowledge, to the maximum extent permitted by law, full responsibility for any losses caused by Your manner of usage of Our Service. We do not take responsibility for any direct or indirect losses occurred under any circumstances. Neither negligence or the fact we have been warned about the possibility of such losses are considered as excuses.
20.2 The usage of Our Website is allowed solely on a lawful basis. The Policy forbids to use Our Website:
• in an unlawful manner breaching any national or international regulations;
• in a fraudulent manner resulting in unlawful or fraudulent consequences;
• in a harming, discriminating, racist or xenophobic manner;
• to use in any manner including uploading, downloading, sharing, sending receiving etc. any materials that do not correspond to the Content Standards described below;
• to distribute spam, i. e. any sort of unauthorised, unintended or illegal material;
• to distribute viruses, i. e. any sort of harmful programs including worms, spyware, time-bombs, Trojan horses, adware, keystroke loggers etc. aimed at affecting in a damaging manner the software or hardware.
20.3 The Policy also foresees that You do not:
• reduplicate, reproduce, copy or re-sell any part of Our Site in contravention of the provisions of Our Terms of Service which are to be found on Our website: www.sendberry.com.
• unauthorisingly access, disturb, damage or violate in any other harmful manner:
- any part of Our Site;
- any equipment or network on which Our Site is stored;
- any software used in the provision of Our Site;
- any part, equipment, network or software owned or used by a third part.
20.4 Current Content Standards apply to all data that You contribute to Our Site (hereinafter ‘Contributions’), and to any Interactive Services associated with it.
20.5 Your usage of Our Website is considered as Your indisputable acceptance of and compliance with current Content Standards. These Standards apply to each part of any Contribution as well as to its whole.
20.6 Any Contribution must observe the following:
• accuracy in case of providing any factual information;
• genuineness in case of providing opinions;
• full compliance not only with all applicable European and Latvian laws, but also with all applicable laws of a specific country or region where these Contributions are distributed.
20.7 It is prohibited for any Contribution:
• to contain any disrespectful, insulting or defamatory information about any person or any group of people;
• to contain any obscene, offensive, hateful or inflammatory information;
• to promote in any manner sexually explicit material;
• to promote in any manner violating, cruel, terroristic, destructive etc. information;
• to promote in any manner racially, sexually, religiously, nationally etc. intolerant information;
• to violate in any manner any copy- and intellectual property right of any natural person or legal entity;
• to contain deceiving, circumventing, betraying, disappointing etc. information;
• to violate in any manner any legal duty including contractual duty and duty of confidence owed to a third party;
• to promote in any manner any illegal activity and appeal to such;
• to violate, threaten or invade in any manner privacy (any part of it or its whole) of any natural person or legal entity;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• to illegally impersonate in any manner any natural person or a legal entity to create the false impression that the information is emanated from those.
20.8 The determination of any breach of Website Acceptable Use Policy through Your use of Our Site is reserved as Our inalienable right.
20.9 In case We determinate at Our sole discretion any breach of current Website Acceptable Use Policy through Your use of Our Site, We, therefore, reserve the right to act as We deem appropriate.
20.10 Any breach of Website Acceptable Use Policy is considered as a violation of crucial part of Our Terms of Service. Therefore, any such breach may lead to:
• issuing You of a warning;
• immediate, temporary or permanent suspension of Your usage of Our Platform;
• Immediate, temporary or permanent elimination of any Your material;
• legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) arising from the breach;
• further legal actions against You;
• disclosure, based on Our reasonable consideration, to law enforcement or other governmental authorities of any Your information.
20.11 We do not take any responsibility for actions taken in response to breaches of this Website Acceptable Use Policy.
20.12 The list of possible actions described above in clause 4.3 is not exhaustive. We reserve the right to take other actions which We reasonably deem appropriate.
29.2 Please carefully note that:
a) notification delivered by hand is identified as received at the moment of delivery itself (or at 9 AM on the first following workday in case the delivery was performed out of working time);
b) correctly addressed notice sent by pre-paid first-class post or recorded delivery post is identified as received at the time it would have been delivered in the normal course of post;
c) notice sent by e-mail is identified as received at the time of transmission.
Think Intermedia SIA (company №. 40103671346, legal office address: Skanstes iela 7 k-1, LV-1013, Riga, Latvia trades on behalf of Sendberry (hereinafter referred to as “Sendberry”), provides the Service and operates the Platform.
Any questions connected with presented Terms of Service are accepted and investigated via Our official e-mail: [email protected] or, if needed, via our official Call-center: +37167660119.
In addition, current Terms of Service presume observing following additional Policies which cannot be underestimated or neglected during Your use of Our Service. This Privacy Policy as well as Website Acceptable Use Policy as well as Our Cookie Policy are to be found on Our official website which is: www.sendberry.com.
1. Definitions
1.1. These Terms of Service contain the following definitions: “Manager” stands for a concrete person or several Sendberry employees who is or are in charge of Your Sendberry account. “Top-Up” stands for a specific service that allows You to supplement Your Sendberry balance automatically in order to have full unrestricted access to our Services. “Cookie Policy” stands for a crucial part of Our policy which provides the up-to-date information about the cookies on Our Platform. “Contact Details” stands for the information about Your clients which includes mobile phone number, name, surname, e-mail address, legal address as well as other individual meanings which are manually or automatically added and safely accumulated in Your personal Sendberry account. “Contact” shall be interpreted identically. “Content” stands for any material (in particular: texts, links, graphics, videos or photos, music or sound effects) which is constructed in Your personal account or uploaded there (from worksheet, for example) with the aim to be sent or submitted through Our platform. “Credits” stand for the units of credit purchased, or funds paid, ordered and/or used by You in relation to the Service. “Message” stands for SMS and MMS. Therefore, “MMS” stands for a specific kind of message that includes receivable by mobile devices multimedia content, whilst “SMS” stands for a short (up to 160 characters) text message which is to be sent or received by a mobile device or on-line. “Our”, “Sendberry”, “Us” or “We” stand for Think Intermedia SIA which, as previously said, trades on behalf of Sendberry. “Privacy Policy” stands for Our actions regarding procedures of gathering, using, disclosing and managing Our customers data and any temporal changes or updates. “Policies” generally stand for Privacy Policy, Cookie Policy, Website Acceptable Use Policy as well as for any other policies presumed by Our Platform. “Service” stands for all services provided by Sendberry including but not limited to the services listed in clause 3 of current Terms of Service. “Platform” stands for Our official websites (www.sendberry.com, app.sendberry.com, api.sendberry.com) throughout which You will be provided with all stipulated Services. “You” stands for the legal entity or a private person entirely or partly using Our Service. Therefore, “You” and “Yourself” should be interpreted identically.“Website Acceptable Use Policy” stands for certain terms and conditions on which customers are allowed to use the features of Our Platform.
1.2. We reserve the right to modify, update and/or change these Terms of Service without notice to You and if not stipulated otherwise. Previous versions of the Terms of Service shall be substituted by the most recent version which is available on Our Platform. You acknowledge the responsibility to be aware on Your own of any changes connected with current Terms of Service. The continuation of the use of Our Services, after certain modifications in Terms of Service has been conducted, shall be considered not only as Your acceptance of these modifications, but also as Your immediate and constant observance of modified Terms of Service.
2. The nature of the contract
2.1. When creating an account on Sendberry on behalf of legal entity or a private person You hereby confirm that You have an authority to act so.2.2. Immediately after You have agreed with current Terms and Conditions of Our Service during registration and/or started to use our Platform, Your are considered to have entered into a binding contract with Sendberry and Your account starts to be identified as active.
3. The Service
3.1. Sendberry provides and thoroughly maintains a mobile messaging service for its Clients with a full access to all required resources and features.3.2. Current Terms and Conditions of Service determinate Your use of Our Platform.
3.3. We reserve the constant right to fully or partly modify, change, suspend and/or terminate the provision of Service either permanently or temporarily and without notifying You.
3.4. As part of providing the Service, We may need, using Your Contact Details, to send You announcements and alerts regarding Your use of Our Platform. Without your Contact Details we will not be able to inform You when needed. Your Contact Details could be also used by Us to inform You about additional services and use cases of Our Platform. Therefore, You conserve the right to opt out any time of receiving such notifications by following the Unsubscribe link attached to any Our previous e-mail received by You or by following other unsubscribe instructions.
3.5. As a crucial part of Service, We provide You as an accountholder with a license that is fully personal, non-exclusive and non-assignable and has a sole purpose which is exactly allowing You to use Our Platform and Service in a way permitted by current Terms and Conditions as well as by all applicable laws, regulations and industry codes of practice.
3.6. We cannot guarantee the Service being always provided in a timely manner free from any interruptions or errors as well as messages being always successfully delivered.
3.7. As a Customer and User of Sendberry Platform, You are being charged for each SMS or MMS message You send regardless its the final delivery status. We shall not acknowledge the responsibility for any undelivered or delayed message.
3.8. Also we shall not acknowledge the responsibility for the back-up of any information including Content and Contact Details that You use as part of the Service. We are not responsible for any loss of such information.
3.9. We shall not acknowledge the responsibility for any loss resulting from failed or delayed Service delivery.
3.10. Conditions and terms listed below in clause 3.10 set out the procedure of Top-Up:
a) You must associate Your Sendberry account with a valid credit or debit card to complete Top-Up payments. Completing Top-Up payments could be done in any other available payment method. You must be authorised to give payment authority regarding this credit or debit car;
c) You must specify the conditions of Top-Up payments as well as set limits for maximal amount of each Top-Up payment (“Top-Up Limits”);
d) Each payment corresponding to the Top-Up Limits mentioned above is considered to have been authorised by You; such payment will be applied by Us in the purchase of new Credits;
e) You guarantee to fix any failed payment of a Top-Up request correctly demanded by Us within 2 days from the moment we have informed You about such failure. You also take responsibility for any Credits used and related to such failed payment.
4. The Platform
4.1. When accessing Our Platform, using our Services and creating an account You are acting at Your own risk and on Your own initiative. Therefore, You are responsible for compliance with local laws to the extent any local laws are applicable. In case the usage of Our Platform due to any reason is prohibited in Your specific country, You are unable to use Our Platform.4.2. You may refer to Our official website provided that You do so in a fair and legal way without damaging Our reputation or taking advantage of it. You must not use Our official link with the aim to propose any form of association, endorsement and/or approval on behalf of Us, though without Our permission. You must not use Our official link in any website which does not appertain to You. Our Platform must not be framed on any other website. We reserve the right to cancel linking permission.
4.3. In case You desire to use the content of Our Platform in a manner that differs from the one described above please contact Us via Our official e-mail address which is: [email protected]
5. Availability of Our Platform and Our Service
We attempt to ensure the constant availability of Our Platform and Our Services. However, the unexpected situations and/or obstacles may occur and We may be forced to withdraw the Platform or Service cannot be underestimated or neglected. Us being endeavoured to avoid any such situation and/or obstacle does not mean Us being responsible for any loss resulting from the Platform or Service unavailability.6. Platform & Service modification and suspension
The update of the Platform will be carried out by Us from time to time with the only aim to provide most up-to-date and efficient Services. This technical update procedure could cause temporary suspending of the access to the Platform or certain Services. In addition to the previous, the access to the Platform could be also limited due to operational reasons such as repairs, maintenance, upgrading the functionality of the Service and the Platform as well as due to the introduction of new Services. While reserving the right to limit the access in cases described above, we still shall endeavour, though, to reduce the frequency of these disruptions.7. Sendberry account
7.1. Two diverse ways of opening a Sendberry account are provided:a) direct registration on Our Platform;
b) creating an account with the help of Our Client Support Center.
7.2. When opening a Sendberry account personal detailed information is required. All data submitted to Us in accordance with this clause 7 will be handled in accordance with Our Privacy Policy which is to be found on Our official website: www.sendberry.com.
7.3. Any use of Your Sendberry account under Your username and password are identified as Your use of Our Platform and Service.
7.4. It is prohibited to create a Sendberry account for those under the age of 18. When creating a Sendberry account You are confirming that You are at least 18 years old. We reserve the right to close Your account immediately if We suspect the violation of this demand.
7.5. You are only entitled to set up 1 Sendberry account, unless otherwise agreed with Us. In case You have registered another account without any preliminary agreement with Us we reserve the right to eliminate all Your registered accounts at once.
7.6. We persuade You to create and, consequently, use a “strong” password which will guarantee greater data security. Therefore, We shall not acknowledge the responsibility for any data loss or damage arising from Your failure to ensure the security of Your account. We will provide You with a replacement password and/or username upon request, provided that You successfully pass certain security control steps. We shall not acknowledge the responsibility for any loss You suffer arising from forgetting Your username and password.
7.7. By agreeing to current Terms and Conditions, You admit to fully reimburse Us, if needed, for any losses caused by claims connected with Your use of Our Service.
8. Pre-paid Credits
8.1. After Your Sendberry account is created You are able to Top-Up Your balance and purchase Credits at any time independently or with the help of Our Support Center.8.2. We accept payments made with credit or debit cards, bank wires and any other payment methods available in our Platform. Depending on the method of payment additional administrative charges could be applied.
8.3. We reserve the right to modify (including adding or withdrawing previously approved by Us) methods of payment approved by Us at any time.
8.4. You guarantee that any information concerning payments is precise and accurate and belongs only and solely to You as well as You are authorised to execute these payment methods including usage of debit and credit cards.
8.5. You agree to reimburse Us for any losses which are caused by an incorrect payment information or by the usage of a payment method which You were not authorised to use.
8.6. By purchasing Credits You authorise Sendberry to charge the designated payment method for the total amount of the purchase.
8.7. As the payment is successfully completed and received by Us we will immediately Top-Up Your account balance with the corresponding amount of Credits.
8.8. Credits are non-refundable unless We terminate Your use of the Service and/or close Your account according to the clause 17 described below.
8.9. We shall not acknowledge the responsibility for any losses resulting from Your failed payment.
8.10. Purchasing Sendberry Credits should be understood as Your agreement with Our pricing policy and rates which You are meant to be known with via Our Platform or by a notification from Us at the time You purchase the Credits.
8.11. The total amount of purchased Credits includes, if not otherwise estimated, VAT as well as all other applicable and stipulated by specific legislation taxes.
8.12. The amount of Credits required to use certain Sendberry Service is set out on Our Platform and could occasionally vary. Therefore, for example, while 1 Credit allows You to send 1 SMS consisting of 160 characters or less, You will be then needing 2 Credits to send an SMS which contains 161 characters. Unicode messages are limited to 70 characters per message.
8.13. Unless otherwise agreed between us, credits purchased before 12 months will irrevocably expire during this period of time and You will not be reimbursed for expired and/or unused Credits.
8.14. In case You use Credits unpaid in advance We will provide You with an invoice according to clause 9 below taking into consideration condition described in clause 9.3.
8.15. We shall not acknowledge to warn You beforehand about the expiry of Your Credits as a responsibility, though as a courtesy.
9. Invoiced Credits and credit arrangements
9.1. At Our sole discretion, We may offer Credits for Your account. In this case, clause 9 applies.9.2. In consideration of the provision of the Service pursuant to a credit arrangement, You shall pay to Us fees for the Credits used at the rates previously agreed by Your Manager or as otherwise set out in Our invoices, which will be issued to You from time to time.
9.3. Each invoice payment has to be completed within 10 days from the moment the invoice was received.
9.4. In case invoice payment is fully or partly delayed or failed or if terms described in clause 3.10 are not observed:
a) You will be charged an interest at a rate of 3% per month above the Swedbank AS base rate on the amount You owe to Us;
b) We may reimburse Ourselves for any amounts that You owe to Us with pre-paid Credits by withdrawing those from Your account; we also may reimburse You for any amounts that We owe to You under any other agreements between You and Us;
c) In case We have to reimburse Ourselves for any amounts You owe to Us, We may also require a compensation of all debt recovery agency fees as well as legal fees spent for the reimbursement of owed from Your side amounts;
d) We reserve the right to block or immediately suspend Your account as well as terminate or shorten the provision of Our Service in case described terms of payment are breached by You.
9.5. Notwithstanding the provisions of this clause 9, We reserve the right to withdraw any credit arrangement with You at any time with or without cause explanation. In this case all amounts due to Us for unpaid Credits shall become payable immediately on demand.
10. Prices and Pricing policy
10.1 We take the obligation to control prices indicated on Our Platform. However, a mistake may always occur. Therefore:a) if the correct price of Credits is less than the price stated on Our Platform, We will reimburse Your account for the difference with Credits. In case the pricing error is obvious and could have reasonably been considered by You as a mispricing, We do not take the responsibility to compensate the difference by providing Your account with Credits.
b) if the Credit price is higher than the price stated on Our Platform, We will contact You as soon as reasonably possible to inform You about this error and We will give You the option of setting off the amounts due to Us by issuing the correct invoice.
10.2 We reserve the right to modify Our prices or to introduce new administrative fees at any time.
11. Obligations connected with the use of Service
11.1. We do not take any responsibility for Your use of Our Service.11.2. All applicable laws, regulations and industry codes of practice concerning Your use of the Service must be observed.
11.3. It is Your sole and exclusive obligation to:
a) maintain Your Sendberry account and guarantee the provision of precise, trustworthy and complete information;
b) monitor the security of Your personal data especially username and password used for logging into Your account;
c) perform throughout Your Sendberry account only those activities which You are authorised to;
d) take responsibility for the distributed throughout Your Sendberry account Content as more specifically set out below in clause 12.
11.4. By agreeing with current Terms and Conditions You guarantee not to use Our Service in order to:
a) send unsolicited advertising commercial or non-commercial Content;
b) distribute viruses, scam or malicious Content;
c) in any manner damage Our reputation or provoke losses;
d) accumulate and distribute any source of Sensitive information or Special Categories of Personal Data (as defined in the EU General Data Protection Regulation 2016/679 (GDPR)) and any other confidential information protected by law.
11.5. The fact of damage of Our reputation foreseen in clause 11.4. is determined at Our sole discretion.
11.6. By agreeing to current Terms and Conditions You acknowledge the responsibility to reimburse Us for any losses caused by Your breach of Your legal obligations.
12. Obligations connected with Content
12.1. You acknowledge the responsibility for any Content on Your Sendberry account as well as for all consequences connected with the use of this Content in any possible manner.12.2. While using Our Platform You grant Us the permission to store, process and transmit the Content as necessary to deliver the Service.
12.3. While delivering the Service We may be needing to modify the Content as necessary to meet any requirements or limitations of devices, network operators or media.
12.4. By agreeing to current Terms and Conditions You guarantee You are authorised (which means You have all required permissions, licenses, rights etc.) to use in any manner the Content and upload, store and distribute it throughout Sendberry.
12.5. You also guarantee that:
a) any Content used by You in any manner neither breaches any third party intellectual property rights nor is illegal, criminal, abusive, pornographic, libellous, racist, discriminatory or fraudulent in any way;
b) while using Our Services with marketing purposes You completely respect and observe all applicable direct marketing and advertising industry legislations, guidelines and rules.
12.6 By agreeing with Current Terms and Conditions You acknowledge the responsibility to reimburse Sendberry for all losses including all direct or indirect consequential ones caused by Your use of Content throughout Our Platform.
12.7. We reserve the right to block Your Content under Our sole decision. We also reserve the right to access, read, conserve and/or disclose at any time and under Our sole decision any of Your Content whether it has been transmitted or not. In particular, We shall be able to act so in case We suppose it is necessary according to but not limited with the following:
a) control of observance of current Terms and Conditions, including investigating any potential breach;
b) observance of any legislation norms, legal processes and/or governmental requests;
c) execution of the request or query received from a third party regarding Your Content;
d) investigation, preventing or otherwise addressing any frauds, security or technical issues.
12.8 Transmission of Your Content is not equated to the acceptance that the Content does not breach these Terms of Service.
12.9. Additionally, You acknowledge the responsibility to clearly identify any commercial Content not otherwise as it is and provide correct name of the natural personal or a legal entity on whose behalf this Content is sent.
13. Contact database
13.1. You guarantee that Your have fairly, legally and correctly received each of Your Contacts permission to process their personal data and send your Content in relation to the Service.13.2. You guarantee Your sole responsibility for strict observance of all laws and regulations including data security, privacy and commerce policy as well as other policies connected with accumulation, storage, transfer and use of Contact Details contained in Your account.
13.3. You must be able to provide Us with a written evidence of each Contact’s “opt-in” to receive Your marketing notifications.
13.4. We reserve the right to block Your ability to send messages to third parties according to Our sole discretion. We are not obliged to inform You about this block in advance.
13.5. We reserve the right to monitor the interaction with Your Clients. This, in particular, includes, but not limits with, the following: record of quantity and exact time of following the link as well as the Internet protocol (IP) address. This is done with the only aim to provide You with complete reports which You can use to analyse efficiencies. For this purpose, some links could be automatically shortened. We are not responsible for the Content included into Your link.
13.6. By agreeing with Current Terms and Conditions You acknowledge the responsibility to reimburse Sendberry for all losses including all direct or indirect consequential ones caused by Your failure to obtain valid consent from Clients to use their Contacts Details and other data in relation to the Service.
13.7. You guarantee that stored personal information is true, precise and full. Therefore, You will be obliged to reimburse Us for all losses caused by providing false information or failing to update it promptly. You are also obliged to reimburse Us for any compliant against Us. We reserve the right to cancel or suspend Your account without notice.
14. Opt-out & unsubscribe
14.1. All Messages You send to Clients with marketing or other purposes must necessarily include “Unsubscribe” link. Not including an “Unsubscribe” link into Your messages means breaching relevant electronic commerce and communications legislation.14.2. By agreeing with current Terms and Conditions, You recognise Our power to temporarily or permanently “Unsubscribe” one or more of Your Contacts or any of their Contact Details at any time for any reason including a request to “Unsubscribe” from the Contact directly and/or a network operator. You are not allowed to re-“subscribe” and, consequently, recommence the delivery of marketing notifications to any Contact unless a concrete Contact allows You to act so. We are in power to require a written confirmation from the Contact that they have agreed to receive such communications from You.
14.3. We are not responsible for Your manner of observing all applicable laws and regulations regarding «Unsubscribe» and «Opt-out» as well as for Your breach of those and all consequences resulting from this breach. Observing «Unsubscribe» and «Opt-out» conditions is fully Your individual obligation.
15. Data Protection
15.1. For the purposes of current Terms and Conditions “Data Protection Legislation” shall mean:a) unless and until the GDPR is no longer directly applicable in Latvia, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the Latvia;
b) then: any successor legislation to the GDPR.
15.2. Both sides which is You and Us equally agree to observe all applicable requirements of the Data Protection Legislation. None of clauses relieve, remove or replace both parties’ obligations according to the Data Protection Legislation.
15.3. According to Data Protection Legislation, You act on behalf of Data Controller and We act on behalf of Data Processor. Both Data Controller and Data Processor as well as Personal Data are defined exactly as in the Data Protection Legislation.
15.4. A legitimate motivation of processing personal data and using it throughout Sendberry Platform must be guaranteed by You. We will process personal data to perform the Service only on your instructions.
15.5. Without prejudice to the generality of clause 15.2, You guarantee You have legally received all necessary and appropriate consents and notices in order to enable lawful transfer of the personal data to Us for the duration and purposes of providing the Service. Compliance with all requirements set out in clause 13 and regarding Your Contacts is obligatory.
15.6. The assist in the provision of the Services according to current Terms and Conditions You using any holding, subsidiary or group company, located in the EEA is consented by You.
15.7. We shall, without prejudice to the generality of clause 15.2 and in relation to any personal data processed in connection with Our obligations under these Terms and Conditions, act as follows:
a) process personal data according to Your instructions solely unless We are required by the applicable laws of the European Union or of any member of it in order to process personal data (s. c. Applicable Laws). Where We rely on such Applicable Laws as the basis for processing personal data, We will immediately notify You about this in advance if those Applicable Laws do not foresee acting oppositely;
b) guarantee the availability of appropriate technical and organisational measures which exclude unauthorised or unlawful processing of personal data, accidental loss or damage of personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
c) guarantee the confidentiality of personal data processed by personnel
d) as to where clause 15.6 applies, we will not knowingly transfer any personal data outside of the European Economic Area without Your written consent and fulfilment of the following conditions:
• safe transfer is guaranteed both form Our and Your side;
• data subject is in enforceable rights and has effective legal remedies;
• We strictly observe our obligations according to the Data Protection Legislation while adequately guarding any transferred personal data that is;
• We strictly observe Your reasonable instructions notified to Us in advance regarding processing of personal data;
e) support You, at Your own cost, in responding to any request from a Data Subject and in ensuring compliance with Your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
f) notify You without undue delay on becoming aware of a personal data breach;
g) maintain full and precise records and information in order to demonstrate its accordance with this clause 15 and make possible the correct annual audit;
15.8. You agree with the fact We are using third-party processors to provide Our Services. Therefore, We guarantee from Our side that the usage of a third-party processor is made on a basis of written agreement with them incorporating terms which are substantially similar to those set out in this clause 15. We acknowledge full responsibility for all acts or omissions of any third-party processor appointed by Us pursuant to this clause 15.
16. Intellectual Rights and Property
16.1. All intellectual property rights on Our Platform are exclusively owned by Us.16.2. Content published on Our Platform is completely protected by international copyright laws. All rights reserved.
16.3. On behalf of Sendberry we must always be acknowledged as all material and exclusive intellectual right owners.
16.6. The usage of any Our material for commercial purposes without Our license is strictly prohibited and prosecuted by law.
16.7. Breaching current Terms and Conditions in any manner will immediately result in cessation of Your use of Our Platform. In addition, You will be obliged to return or destroy any copies of Our materials You made.
16.8. All intellectual rights are exclusively owned by Us or by Our licensees and are not granted to You according to current Terms and Conditions in any manner.
16.9. None of the conditions mentioned above permit You to adopt, use and/or distribute any of Our logos, trade marks, domain names and other distinctive brand features.
17. Suspension of the Service
We constantly reserve the right to suspend Your account and Your use of the Service at any time without notice and without cause and during such suspension these Terms and Conditions shall continue to apply until such time as Your use of the Service is terminated and Your account is closed.18. Terms & Conditions and Termination of Service provision
18.1. Current Terms and Conditions continue to remain in force unless otherwise terminated as provided in this clause 18.18.2. We reserve the right to terminate immediately Your Sendberry account at any time without notice and cause.
18.3. As to clause 8.13, in case the use of Your Sendberry account is terminated by Us according to our reserved right described in clause 18.2 we, nevertheless, take the responsibility to reimburse You for are unspent and unexpired, according to the clause 8.13, Credits.
18.4. In case You stop using Your Sendberry account by Your own decision, We do not take responsibility to reimburse You for any Credits left unused. However, Your financial obligations in front of Us remain in power in accordance with these Terms and Conditions.
18.5. The closure of Your Sendberry account could be caused by, though not limited with, the following:
a) a third party makes any claim against You regarding Your use of Our Service;
b) the inability of paying the appropriate debts is admitted by You;
c) the negotiations between You and Your creditors are initiated with the aim to reschedule any of Your debts or to enter into a compromise with Your creditors;
d) Your winding up or bankruptcy are announced;
j) You suspend or cease, or threaten to suspend or cease, carrying on all or a substantial part of Your business;
k) You are subject to a change of control;
l) current Terms and Conditions are breached by You;
m) any warranty given by You in these Terms of Service is breached or found to be false or misleading.
18.6. In case current Terms and Conditions of Service are terminated for any reason:
a) all licences included in current Terms and Conditions terminate immediately;
b) according to Your request we are able to return all Contact Details and personal informations. However, we reserve the right to delete or in other manner modify all personal data that is in Our Possession, if otherwise not stated in clause 18.7 below;
c) all rights (including the reimbursement resulting from any breach of current Terms and Conditions) and obligations which existed at the time or before the provision of Service is terminated will not be affected or prejudiced.
18.7. Contact Details and other personal data could be fragmentary retained by Us after the provision of Service is already terminated in address to:
a) claims of fraud, scam, deception and/or any other kinds of those;
b) claims of intellectual property or other terms and conditions breach;
d) forecast of future law violence risks.
18.8. You allow Us to store Your Contact Details and other personal date in respect to the purposes described in clause 18.7
19. Responsibility
19.2. As far as it is permitted by current legislation, We avoid all (express and implied) warranties, conditions and/or other terms which may apply to Our Platform or to any part of Our Service.19.3. In addition to the limitations of liability stipulated in clause 19 or elsewhere in current Terms and Conditions, We do not recognise Our responsibility for:
a) all losses caused by any (even foreseeable) reason arising under or in connection with:
• Your use or disuse of Our Platform and Our Service;
• Your reliance on any information displayed on Our Platform.
b) extermination of Your data or other information;
c) the fact You being indicted by third parties for Your specific use of Our Platform and Our Service;
d) any oral or written advice provided by Us;
e) the fact the devices You are using do not support Our Service for technical or other reasons;
f) the following facts regarding You as a business user:
• loss of profits, sales, business etc.;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill, reputation etc.;
• any direct, indirect or consequential loss.
19.4 As a consumer user, You are able to use Our platform and Service for domestic and private purposes only, excluding any commercial and/or business ones. We do not acknowledge the responsibility for any Your loss of profit, business or its opportunity, business interruption etc.
19.5 We do not acknowledge the responsibility for any loss or damage connected with Your specific use of Our Platform and caused by a virus and/or distributed denial-of-service attack or other harmful material infecting Your devices, technical equipment, programs, data etc.
19.6 We cannot take the responsibility for any failures in provision of Service caused by such facts beyond Our reasonable control as: technological disasters, natural disasters (including lightning, flooding, severe weather, fire), environmental disasters (explosion, civil disorder, war, military operations, industrial disputes of any kind including the ones connected with Our employees, emergencies). We also cannot control the acts or omissions of other providers of services or the failure of any network operator or anything done by regulating bodies, governments or other competent authorities.
19.7 You acknowledge, to the maximum extent permitted by law, full responsibility for any losses caused by Your manner of usage of Our Service. We do not take responsibility for any direct or indirect losses occurred under any circumstances. Neither negligence or the fact we have been warned about the possibility of such losses are considered as excuses.
20. Acceptable Use Policy
20.1 Website Acceptable Use Policy (hereinafter ‘Policy’) defines Terms and Conditions of Your usage of Our Website which is www.sendberry.com as well as any other website which We use to provide any of the Platform and applies to all users of, and visitors to, Our Site. Your usage of Our Website is considered as Your indisputable acceptance of and compliance with current Terms and Conditions.20.2 The usage of Our Website is allowed solely on a lawful basis. The Policy forbids to use Our Website:
• in an unlawful manner breaching any national or international regulations;
• in a fraudulent manner resulting in unlawful or fraudulent consequences;
• in a harming, discriminating, racist or xenophobic manner;
• to use in any manner including uploading, downloading, sharing, sending receiving etc. any materials that do not correspond to the Content Standards described below;
• to distribute spam, i. e. any sort of unauthorised, unintended or illegal material;
• to distribute viruses, i. e. any sort of harmful programs including worms, spyware, time-bombs, Trojan horses, adware, keystroke loggers etc. aimed at affecting in a damaging manner the software or hardware.
20.3 The Policy also foresees that You do not:
• reduplicate, reproduce, copy or re-sell any part of Our Site in contravention of the provisions of Our Terms of Service which are to be found on Our website: www.sendberry.com.
• unauthorisingly access, disturb, damage or violate in any other harmful manner:
- any part of Our Site;
- any equipment or network on which Our Site is stored;
- any software used in the provision of Our Site;
- any part, equipment, network or software owned or used by a third part.
20.4 Current Content Standards apply to all data that You contribute to Our Site (hereinafter ‘Contributions’), and to any Interactive Services associated with it.
20.5 Your usage of Our Website is considered as Your indisputable acceptance of and compliance with current Content Standards. These Standards apply to each part of any Contribution as well as to its whole.
20.6 Any Contribution must observe the following:
• accuracy in case of providing any factual information;
• genuineness in case of providing opinions;
• full compliance not only with all applicable European and Latvian laws, but also with all applicable laws of a specific country or region where these Contributions are distributed.
20.7 It is prohibited for any Contribution:
• to contain any disrespectful, insulting or defamatory information about any person or any group of people;
• to contain any obscene, offensive, hateful or inflammatory information;
• to promote in any manner sexually explicit material;
• to promote in any manner violating, cruel, terroristic, destructive etc. information;
• to promote in any manner racially, sexually, religiously, nationally etc. intolerant information;
• to violate in any manner any copy- and intellectual property right of any natural person or legal entity;
• to contain deceiving, circumventing, betraying, disappointing etc. information;
• to violate in any manner any legal duty including contractual duty and duty of confidence owed to a third party;
• to promote in any manner any illegal activity and appeal to such;
• to violate, threaten or invade in any manner privacy (any part of it or its whole) of any natural person or legal entity;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• to illegally impersonate in any manner any natural person or a legal entity to create the false impression that the information is emanated from those.
20.8 The determination of any breach of Website Acceptable Use Policy through Your use of Our Site is reserved as Our inalienable right.
20.9 In case We determinate at Our sole discretion any breach of current Website Acceptable Use Policy through Your use of Our Site, We, therefore, reserve the right to act as We deem appropriate.
20.10 Any breach of Website Acceptable Use Policy is considered as a violation of crucial part of Our Terms of Service. Therefore, any such breach may lead to:
• issuing You of a warning;
• immediate, temporary or permanent suspension of Your usage of Our Platform;
• Immediate, temporary or permanent elimination of any Your material;
• legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) arising from the breach;
• further legal actions against You;
• disclosure, based on Our reasonable consideration, to law enforcement or other governmental authorities of any Your information.
20.11 We do not take any responsibility for actions taken in response to breaches of this Website Acceptable Use Policy.
20.12 The list of possible actions described above in clause 4.3 is not exhaustive. We reserve the right to take other actions which We reasonably deem appropriate.
21. Reimbursement
You take the responsibility, in addition to other compensations mentioned elsewhere in current Terms and Conditions, to reimburse Us for any claims or legal proceedings brought or threatened against Us by a third party because of Your use of the Platform or the Service in breach of the provisions of these Terms and Conditions.22. Third parties involvement & disputes
You also take the responsibility to inform Us immediately in case any private person or legal entity makes or threatens to make any claim or issue legal proceedings against You and regarding Your use of Our Platform and Service. If requested by Us, the immediate termination of any action complained action is guaranteed by You. If additionally requested by Us, the provision of a written statement detailing any such claim or legal proceedings is also guaranteed by You.23. Conflict
In case any provisions of the main body enter into contradiction with these Terms and Conditions and Polices, the provisions of the main body shall prevail.24. Severance
In case any provision of current Terms and Conditions will be fully or partly considered by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, other provisions remain in force. If needed, all invalid, unenforceable and illegal provision must be modified in a way to make those valid, enforceable and legal in order to give effect to the commercial intention of the parties.25. Survivability
After Your use of Our Platform and Service is (due to any cause) terminated, all warranties, reimbursements as well as obligations connected with payments of the outstanding amount due to Us in accordance with current Terms and Conditions are not considered to be terminated.26. Assignment
All Your rights and obligations stipulated here or elsewhere in current Terms and Conditions are not to be fully or partly assigned, transferred, charged, sub-contracted or dealt in any similar manner. Contrariwise, all Our rights and obligations stipulated here or elsewhere in current Terms and Conditions could be at any time assigned, transferred, charged, sub-contracted or dealt in any similar manner.27. Partnership or agency prohibition
Current Terms and Conditions neither intend to establish a partnership between You and Sendberry nor authorise You or Sendberry to act as agent for the other. Neither You nor Sendberry shall have the authority to act in the name or on behalf of the other to bind the other in any way.28. Third party rights
None of the rights are conferred by current Terms and Conditions to any other party except either You or Sendberry and, if and where applicable, the successors and permitted assign.29. Additional
29.1. Any notification connected with current Terms and Conditions must be delivered in writing by hand, pre-paid first-class post or recorded delivery one to, in case of Sendberry, its registered legal office or, in Your case, to the agreed and mutually known address. E-mail address use is also allowed for transmitting any notifications. Sendberry sole official e-mail address for such communication is [email protected]29.2 Please carefully note that:
a) notification delivered by hand is identified as received at the moment of delivery itself (or at 9 AM on the first following workday in case the delivery was performed out of working time);
b) correctly addressed notice sent by pre-paid first-class post or recorded delivery post is identified as received at the time it would have been delivered in the normal course of post;
c) notice sent by e-mail is identified as received at the time of transmission.
