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Terms of Service


Introduction

This Service agreement ("Agreement") regulates the terms and conditions of using Messente messaging platform ("Service”) and is entered into by You ("User") and Messente Communications OÜ ("Service Provider") located at Akadeemia 3, 51003 Tartu, Estonia (hereinafter jointly referred to as Parties).
By registering for or using the Service the User agrees having read and fully understood the Agreement. By registering for or using the Service the User also agrees having entered the Agreement and being bound by the terms in the Agreement regardless of the form of registration or using of the Service.
By entering the Agreement the User states being at least 18 years of age and having adequate legal capacity to enter into the Agreement. The User will use the Service only for lawful purposes, in accordance to the Agreement and the instructions provided on the Messente’s website http://www.messente.com (hereinafter jointly referred to as "Website").

Your Account, Password and Security

In order to use the Service the Service Provider may ask for some information from the User (company name, contact information etc.). The User states that all the information provided to the Service Provider is current complete and accurate to the best of the User’s knowledge.
The Service Provider reserves the right to suspend or stop any Users from using the Service in case the information provided by the User has not been current, complete and accurate.
In case the information provided to the Service Provider by the User should change the User is obliged to immediately notify the Service Provider.
The User does not circumvent or attempt to circumvent the user authentication systems used by the Service Provider.
The User is entirely responsible for all payments and activities which occur while or as a result of using the Service.
The User is liable for any damages, losses or costs that the Service Provider or any third party sustains as a result of the User using the Service.
The User is also liable for any damages, losses or costs that the Service Provider or any third party sustains as a result of a third party using the Service with the User’s password, account name or account information. Therefore the User is responsible for maintaining confidentiality of passwords and any information regarding the Service or the Users personal account.
The User is to immediately notify the Service Provider (messente@messente.com) of any unauthorized use of the User’s password or account of which the User is aware of.
The User acknowledges that all messages sent using the Service are transmitted in an unencrypted format.

Personal Information and Privacy

The Service Provider respects the privacy of the User at all times.
The Service provider does not edit, or disclose any of the User’s personal information or account details without the User’s prior permission unless the Service Provider may or must do so by law.
The Service Provider does not disclose or distribute any of the mobile numbers and/or content that the Users submit while using the Service.
Service Provider may use and publish the User’s name and logo in marketing materials. The User may use the trade names, trademarks, service marks, logos or domain names of the Service or the Service Provider as long as such use is in compliance with this Agreement.
Selected staff members of the Service Provider are authorised to do random monitoring to ensure that messaging complies with the Service Provider’s terms and conditions.
The Service Provider protects your privacy on systems and websites that the Service Provider controls to the best of it’s abilities.
The Service Provider is however not liable for any unauthorised or unlawful disclosures of the User’s personal information by third parties who are not subject to the Service Provider’s control (advertisers and websites that have links to the Website of the Service).
The User agrees to receive communications from the Service Provider of any updates, upgrades, notices or other information that the Service Provider deems important for the User to know and which are related to the Service. Such communications do not constitute as spam. The User has a right to ask the Service Provider to stop providing such communications at any point of time.

Prohibited Use of Service

Under any circumstances the User shall not transmit any messages using the Service which:
(a) are unsolicited. That is sending messages to recipients who have not explicitly requested to receive messages from the User.
(b) contain content deemed illegal by the laws of Estonia and/or the laws of the recipient’s country.
(c) are unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic, abusive, misleading, threatening or otherwise intend to cause distress, annoyance, inconvenience, worry or upset to the recipient.
(d) contain copyright trademarks or other intellectual property without the written permission of the holder of these rights.
(e) may bring the Service Providers name into disrepute.
The User is to immediately notify the Service Provider of any such prohibited messages have sent using the Service.
As a result of prohibited messages being transmitted using the Service, the Service Provider may at its discretion temporarily suspend the account which has been used to sent such messages until the matter is resolved to the satisfaction of the Service Provider. In extreme cases the Service Provider can also terminate such account and the Agreement with the User related to the account.
In the instance of any fines being levied against the Service Provider as a result of prohibited messages having been sent using the Service, the User responsible for sending such messages or owning the account used to send such messages is held liable to pay each fine in its entirety.

Payments

The User is to pay the Service Provider at the applicable rate (without limitation) for charges for all of the submitted messages, applied service fees and any applicable Value Added Tax.
New accounts will be provided with test credits in the amount of 1 euro. If an account has for some reason not received the credits, the User may ask to receive the test credits.
The test credits will expire in 3 months, after which the credits or the remaining credits will be removed from the account. If the account created has not provided full and correct details, the Service Provider reserves itself the right to remove the test credit from the account.
All charges are payable in advance - the User cannot use the Service until all due payments have been received by the Service Provider. Payments for using the Service can be made by bank transfer or using a credit card. Other payment methods may be accepted at the sole discretion of the Service Provider.
Credit card information is not visible to nor accessible by the Service Provider. In case of credit card payments the User will be directed to a secure environment provided by the credit card payment operator.
Credit card payments can only be cancelled via application to the bank which has issued the credit card. The application must in this case include the reason for cancelling the payment.

Cookie Policy

Messente uses cookies for the purposes, as explained in this chart:

Cookie TypePurpose 
Essential OperationalThese cookies are necessary to allow us to operate the Messente as you have requested. For example, they let us recognise what account you are logged in and then provide you with services accordingly.
Performance/AnalyticsWe use these cookies to analyse how the Messente is accessed, used or is performing. We use this information to maintain, operate and continually improve Messente.
We may also obtain information from our e-mail newsletters, to learn whether you opened or forwarded the newsletter or clicked on any of the content. This information tells us about our newsletters' effectiveness and helps us ensure that we're delivering information that you find interesting.
FunctionalThese cookies let us operate certain functions of the Messente in line with the choices you make. These cookies mean that when you continue to use or come back to the Messente, we can provide you with our services as you have asked for them to be provided, such as knowing your username and remembering how you have customised your Account.


Service and Termination

The Service Provider makes no guarantees regarding the performance of the Service’s systems and those of the mobile operators.
This Agreement may be terminated with or without cause at any time by sending a written notice to the Service Provider (support@messente.com). The Service Provider may investigate any activity that may violate this Agreement and may at any time in its sole discretion terminate this Agreement.


Changes to the Agreement

All of the terms in the Agreement and on the Website including the pricing are subject to change by the Service Provider at any time without prior notification.
Any such changes become effective immediately after being published by the Service Provider on the Website. For being informed of all such changes revising the Website and the Agreement regularly is strongly recommended.
By continuing to use the Services after the terms in the Agreement or on the Website have been published the User automatically agrees to being bound by such changed terms and pricing.


Final Provisions

This Agreement is governed by the laws of Estonia.The User agrees that the English language version of the Agreement will govern the relationship between the User and the Service Provider. All translations from the English language Agreement to some other language are provided for convenience. In case of any contradictions between the English language version of the Agreement and any translations the English language version shall take precedence.
Parties shall not be responsible for total or partial default on their obligations hereunder where this occurs due to the impact of force majeure circumstances. The Parties shall construe force majeure circumstances as circumstances which a Party could not foresee at the time of concluding the contract and could not prevent or remove with any means whatsoever. Such circumstances shall be: natural calamities, strikes, fires, war, lawful or unlawful decisions of public authorities, etc.