Apifon provides a messaging automation platform that helps business to communicate with their customers effectively, grow revenue and improve customer experience. The cloud platform, Mookee, enables communication through multiple channels: SMS, Viber and other chat apps.
When you create an account at Apifon by signing up for Mookee, you agree to these General Terms and Conditions, which shall govern your relationship with us unless otherwise provided by a more specific agreement between you and us. In order for you to use our services you should be capable to perform legal acts, according to the Greek Law and the legislation of the EU, which govern these Terms and any other agreement made between you and us. Therefore by creating an account and using our services you also confirm that you are at least 18 years of age. If you use our services for business purposes, that business will be bound to the Terms outlined below, unless otherwise provided by a more specific agreement between you and us.
1.1. In this agreement “we”, “us”, “our” or “Apifon” refers to Apifon Single Member Private Company (Apifon SMPC). Apifon headquarters is located in Thessaloniki, Greece.
1.2. Only these Terms, and no other Terms, apply to all Services Apifon provides to you, unless we agree otherwise in writing. If you use our Services, you accept these Terms and they will become a legally binding agreement between you and Apifon, in addition to any other more specific agreement between you and us.
1.3. These Terms, as well as their modifications, are governed by the Greek legislation as well as the legislation of the EU. Any total or partial invalidity of a specific term does not affect the validity of the rest of the terms. The gap thus occurring shall be completed with a new or modified term.
1.4. We keep the right to modify these Terms from time to time without justification. If we do, we will notify you in advance via e-mail or through our website of any modifications. If you continue using our Services, you agree to the modified Terms.
1.5. When you register for an account, you enter into an agreement with Apifon for an indefinite period of time. Each party has the right to terminate this agreement at any time and for any reason, provided that a prior written notice of at least a month is given.
2. Your Account
2.1. To use our Services, you will be asked to create an account. As part of the account creation process, you will be asked to provide your email address, create a password, and verify that you are a human being by providing a telephone number to which we will send you a verification code to enter into the form.
2.2. You must provide true, accurate, current and complete information about yourself as requested during the account creation process.
2.3. You agree to take all reasonable precautions to prevent unauthorized access to or use of our Services and will notify us promptly of any unauthorized access or use. We hold no responsibility or liability of any kind for any loss or damage caused to you or any other from unauthorized use of your account.
2.4. We want to keep you updated regarding our services. Therefore we would like to send you e-mail newsletters from time to time. If you wish to receive our e-mails you should let us know. However, if you choose not to receive any e-mail newsletters from us you should opt-out by clicking “Unsubscribe” in the newsletter or contacting us at +30 2392 500 377.
Unless otherwise is provided by a more specific agreement between us, you pay for our Services upfront by purchasing a pre-paid balance or pre-paid credits. For your charges upon using our services you can use PayPal, credit or debit card. Your purchased pre-paid balance or credits will be added to your account and you will receive a preform invoice from the Accounting Department. Every time you make use of our services you are charged per message you send, unless otherwise is provided by a more specific agreement between us.
Due to the nature of the services we provide, Apifon does not offer any guarantee that all the services provided to you, including its website, will be provided with no disconnection or errors, and that these errors can be in any case corrected. Therefore we shall hold no responsibility or liability of any kind for the above.
5. External Links
In our website there may be external links leading to other websites of other services, which do not belong to Apifon. Therefore we do not offer any guarantee for the content or the activities of these websites and we hold no responsibility or liability of any kind for any damage caused to you resulting from this websites.
6. Your compliance obligations
6.1. When using the Services, you shall comply with all laws and regulations applicable to the use of the Services and with these Terms or any other terms as agreed between us.
6.2. You shall not use the Services or permit the Services to be used to transmit any illegitimate content. Illegitimate content includes, but is not limited to content that:
- qualifies as SPAM under applicable laws and regulations;
- potentially causes the introduction harmful computer programs or code in Apifon’s platform, Mookee, or end-users devices;
- violates any legal, regulatory, governmental or telecom operator’s requirements or codes of practice;
- is unlawful, pornographic, abusive, racist, obscene, offensive, threatening, defamatory, discriminatory, misleading or inaccurate; or
- infringes the intellectual property of any person or entity; or
- is illegal in any other way;
which shall be determined at the sole discretion of Apifon.
6.3. We do not control or in any way intervene with the content of your communications. Therefore you are solely and fully responsible for the content of communications sent by you or on your behalf through our platform.
6.4. You may not submit through our Services any social security number, passport number, driver’s license number, or similar identifier, credit card or debit card number, employment, financial or health information, or any other information which may be subject to specific data privacy and security laws.
6.5. You shall be held fully responsible for any damage caused to the systems of Apifon during the use of our services resulting from your fault.
7. Data protection
7.1. You guarantee that you have obtained all required and valid consents from your clients according to the applicable data protection laws and regulations (such as the EU General Data Protection Regulation, GDPR) as required for the processing of personal data by Apifon for the performance of our Services.
7.2. You and Apifon both acknowledge that with respect to the processing of personal data on end-users that you provide to us through our Services, Apifon is the Processor of Personal Data and you are the Controller of such data.
7.3. The Processor shall:
7.3.1. process the Personal Data only on documented instructions from the Controller;
7.3.2. ensure that persons 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. at the choice of the Controller, delete or return all the Personal Data to the Controller after the end of the provision of services relating to Processing, and delete existing copies unless applicable law requires storage of the Personal Data.
7.4. The Controller shall:
7.4.1. implement appropriate technical and 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. 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;
7.4.3. sign our Data Processing Agreement, which shall apply in addition to and for the purposes of these Terms as well as any other agreement made between you and us.
8. Our Use of customer data
8.2. You further acknowledge and agree that we may access or disclose Customer Data, including the content of communications stored on our systems, if:
- we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or government request;
- to enforce our agreements and policies;
- to protect the security or integrity of our services and products;
- to protect ourselves, our other customers, or the public from harm or illegal activities;
- to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury.
9.1. “Confidential Information” means: information maintained in confidence by a party, and which is marked as such, or information whether written or oral that by its nature would be to a reasonable person under the circumstances understood to be confidential information of a party. Details of the Mookee platform, supporting documentation, the Services, and the results of any performance tests of the Services will be regarded as Confidential Information.
9.2. Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party's prior written consent. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section.
9.3. The Parties are also required not to copy or reproduce Confidential Information in any form. The Parties are required to return, otherwise, upon request, after the end of their use, to destroy, in order to serve the terms of this agreement and after any termination of the present agreement, any material to which Confidential Information is incorporated, if the period that Apifon is obliged to maintain them has past according to the Hellenic Authority for Communication Security and Privacy (ADAE).
9.4. You are solely responsible for the use of all passwords to Apifon’s systems as well as for maintaining the confidentiality and safe storage of them. All passwords are stored in Apifon’s systems encrypted. You are responsible for all operations, or other activities carried out with the use of the password and/or username. Passwords cannot be transported or traded.
9.5. 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.
10. Intellectual property
All intellectual property rights in our platform, Services, documentation or any other functionalities we offer to you, also upon your request, remain exclusively with Apifon. These Terms do not grant you any rights, intellectual property rights, or licenses in respect of our platform, our Services or other documentation or materials provided by you.
11. Limitations of Liability
11.1. Apifon will not be liable for any damages caused by:
- faults, errors or delay in delivery, transmission or reception of electronic communications;
- unauthorized or fraudulent use of our platform; or
- electronic communications sent by you that do not meet legal requirements or requirements set by telecom operators.
11.2. We will only be liable under these Terms provided all of the conditions below take place cumulatively:
- the breach of our obligations is caused by our fault and you have, without delay, notified us in writing of a breach of our obligations and you have given us a reasonable term to correct such breach;
- the event or circumstance causing the breach is within our reasonable control; and
- we failed to correct such breach within a reasonable space of time.
11.3. 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.
11.4. Apifon has no responsibility of following or checking the content that is stored or transmitted through its services and cannot guarantee the accuracy, validity or quality of this 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, since the content transmitted is the one that you have stated and has not been modified in any way by Apifon.
12. Termination and suspension
12.1. Apifon may terminate or suspend the agreement by notifying you in case:
- you breach any of your obligations under these Terms;
- Apifon considers that your use of the Services might be contrary to applicable laws and regulations, public order or morality, or could in any way be considered to be offensive or violent;
- Apifon’s interest could in any way be harmed by your use of the Services;
- you file for bankruptcy, suspension of payments or similar protection from creditors;
- you have been declared bankrupt or are granted suspension of payments; or
- you have not used our Services for a continuous period of twelve (12) months or more.
12.2. If the agreement is terminated for any reason, Apifon will not have any obligation to refund pre-paid balance or credits. Amounts already invoiced to you, will become immediately due and payable.
13. Force Majeure
13.1. 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.
13.2. If a party is prevented by a Force Majeure Event from performing its obligations under these Terms and any other terms governing its relationship with us (the “Nonperforming Party”), it shall not be held liable, provided that such Nonperforming Party has used all reasonable efforts to perform those obligations nonetheless and that it has notified us in written, with no delay, about the Force Majeure Event.
14. Dispute Resolution and Governing Law
14.1. These Terms, as well as their modifications, are governed by and interpreted according to Greek law and the laws of the European Union.
14.2. Before bringing a formal legal claim, you should first try and resolve any dispute, that might have occurred, with us using out-of-court means. Therefore you can contact us at the address mentioned below.
14.3. However, in case of any dispute, the courts of the city of Thessaloniki in Greece shall be competent.