Parseco terms of service
I. Acceptance of Terms
The purpose of the present terms and conditions (hereinafter „Terms“) is to allow and regulate your access and use of Parseco API and other services including any associated documentation to build messaging applications via Parseco Website (collectivelly „Parseco Services“). By completing the registration process, you expressly consent to be bound by the Terms set forth, as may be amended from time to time.
You acknowledge that Parseco Services are owned and operated by INFOBIP Ltd with company details as set forth.
You are not allowed to accept these Terms if: (i) you are not lawfully entitled to use Parseco API in the country in which you are located or resident or (b) if you are not of legal age to form a binding agreement with INFOBIP.
You acknowledge that INFOBIP may change these Terms from time to time at its sole discretion, with or without notice to you. Any modification to the Terms shall be deemed effective as of their posting on the Website. You expressly agree to be bound by any modified Terms as contemplated herein.
- Applications means computer software programmes which may be executed by a computer, a mobile telephone or other devices, or which are accessible through internet. Applications may include Content. The references to the term Applications contained in these Terms shall be considered to refer to those Applications developed by you which contain Parseco Services which have passed any of the certification processes described herein. Any reference to the term Applications shall include the Content of such Applications;
- Content includes, without limitation, any location information, documents, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on the Website or through the Parseco Services;
- INFOBIP means Infobip Ltd, a company registered in the Isle of Man under company number 122767C, whose registered office is situated at 6th Floor, Clinch’s House, Lord Street Douglas, Isle of Man IM99 1RZ, being the legitimate owner of intellectual property and related rights in Parseco Services respectively;
- Parseco API means a group of functions and procedures, owned by or licensed to INFOBIP, which will be made available to you on INFOBIP platform and which provide an interface for accessing the Applications, developed by you, to network capacities or to other types of capacity, functionality or services, be they of network operators or third parties;
- Terms means present terms and conditions for usage of Parseco Services;
- Website means this website accessible at the http://www.parseco.com;
- You means any natural or legal person who has registered as a user of Parseco Services and who, through the acceptance of the present Terms, may make use of any of the Parseco API or other utilities of Parseco Services for loading and using Applications and marketing of Applications offered through the Parseco site.
III. Use of Parseco Services
In order to write a software application or website (hereinafter “Application”) that interfaces with the Parseco Services, you may be required to establish an account at this Website in order to use the Website or the Parseco Services. If so, you agree to: (a) provide true, accurate, current and complete information; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. In case you provide or INFOBIP has reasons to suspect that any provided information is false, inaccurate or outdated, it is entitled to suspend or terminate your account and prohibit you from any and all current or future use of Parseco Services.
You may be requested to create a username and password to use certain features of the Website or participate in the Parseco Services. If so, you should protect your authentication keys and security credentials, and are fully responsible for all activities that occur under your password or account. Any action taken with your credentials are deemed to be actions taken by you, with all consequences including service termination, civil and criminal penalties. Therefore, You agree to immediately notify INFOBIP of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account at the Website or via the Parseco Services, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying INFOBIP. INFOBIP will not be liable for any loss or damage arising from your failure to comply with these requirements.
You agree to use the Parseco Services only for lawful purposes and that you are responsible for your use of and communications and Content you post via Parseco Services. You agree not to post on or transmit through Parseco Services any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use Parseco Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Website or the Parseco Solution.
You may not do any of the following while accessing or using Parseco Services: (i) access, tamper with, or use non-public areas of Parseco Services, INFOBIP computer systems, or the technical delivery systems of INFOBIP providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Parseco Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Parseco Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Parseco Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Parseco Services or Website.
Additionally, the following list gives examples of illegal, abusive, interfering or otherwise unacceptable or inappropriate behavior while using the Parseco Services: (i) attempting to bypass or break any security mechanism on any of the Parseco Services or using the Parseco Services in any other manner that poses a security or service risk to INFOBIP, to any user of Parseco Services, or to any of our or their respective customers; (ii) testing or reverse-engineering the Parseco Services in order to find limitations, vulnerabilities or evade filtering capabilities; (iii) using the Parseco Services in any manner that may subject INFOBIP or any third party to liability, damages or danger; (iv) using the Parseco Services in any manner that violates any applicable third party policies or requirements that INFOBIP has communicated to the customer; (v) using the Parseco Services in any manner that violates GSMA and the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards; (vi) engaging in fraud with respect to your account, including using any caller ID functionality of the Parseco Services to misrepresent the identity of a caller; (vii) using your account to engage in fraudulent activity with respect to third parties or otherwise using your account to bypass phone identification systems such as those by classified advertising websites; (viii) using any of the Parseco Assets or Trademarks other than as expressly permitted; (ix) transmitting any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity or otherwise violating, infringing, or misappropriating the rights of any third party; (x) engaging in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate applicable anti-spamming laws and regulations; (xi) using the Parseco Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted SMS or text messages; (xii) using Parseco SMS in a manner that is not designed to enhance or augment the person-to-person nature of SMS communications; (xiii) offering Parseco Services that allow a user to connect with emergency services personnel or public safety answering services; (xiv) promoting or engaging in illegal activities; (xv) engaging in activities or transmitting through the Parseco Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (xvi) harvesting or otherwise collecting information about others, including email addresses or phone numbers, from Website without their express consent; (xvii) creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message using your account; (xviii) violating or facilitating the violation of any applicable law regarding the transmission of technical data or software; (xix) interfering with or disrupting networks connected to the Parseco Services or violating the regulations, policies or procedures of such networks; (xx) using the Parseco Services, or a component of the Parseco Services, in a manner not authorized by INFOBIP; (xxi) using the Parseco Services contrary to any applicable laws or regulations in force.
You may write an Application that interfaces with the Parseco Services, and hereby acknowledge that INFOBIP may change, deprecate or republish the Parseco Services (including any Application) or feature of the Parseco Services from time to time, and that it is your responsibility to ensure that requests you make to or via Parseco Services are compatible with then-current Parseco Services. We will endeavor to inform you of any changes with as much advance notice as possible so that you can adjust your Application, but we are under no obligation to do so.
IV. Changes to Parseco Services
INFOBIP is devoted to constantly improving the Parseco Services and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that Parseco Services and functionality of Parseco Services may vary from time to time. Technical requirements for use of Parseco Services and feature descriptions are available on the Website. If you do not agree with any changes to Parseco Services you may terminate your relationship with INFOBIP as stipulated under these Terms. In addition, you acknowledge and agree that certain Parseco Services may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the Website for details of the most up-to-date usage restrictions that apply to Parseco Services that you are using.
V. SMS Messages and SMS Numbers
As part of Parseco Services, INFOBIP provides you with ability to use SMS – enabled numbers (hereinafter „SMS Numbers“) to send SMS text messages as part of your Application functionality.
Detailed list of destinations including all supporting functionalities is available at www.parseco.com/pricing-and-coverage. INFOBIP disclaimes any liability for not delivering Parseco Services to the destinations listed therein. INFOBIP will endeavor to notify you of any failure to deliver Parseco Services to the listed destinations in case such notification has timely been made available to INFOBIP by the relevant network operator, but is not obliged to do so. The use of SMS is governed by the terms therein.
The charges payable for sending SMS consist of a per-message rate as set out at www.parseco.com/pricing-and-coverage. SMS messages will be broken down into several messages if the message size exceeds SMS limitations for a single message, and will be charged accordingly for each message.
If You type a character that is not supported by the GSM character set, the format of the SMS may be converted to Unicode, which is subject to a 70 character limit per message.
You can send SMS messages to more than one person at a time (subject to any restrictions on the overall number of concurrent messages that may be imposed by INFOBIP or its partners from time-to-time); however you will be charged for each SMS sent. You agree not to send any unsolicited SMS and/or SMS containing commercial material or material over which you do not have rights of dissemination.
You acknowledge that in connection with your use of SMS, including the use by your customers and subscribers (“End-Users”), INFOBIP may receive domain names, End-User names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by End-Users or in connection with SMS (collectively “User Information”). INFOBIP exercises no control whatsoever over any information, text, data (collectively “Mobile Content”) or User Information, including the content of messages, information that may be transmitted and/or generated using SMS. INFOBIP’s entire responsibility is limited to storing and transmitting the User Information without the obligation (i) to review User Information to determine whether any such User Information may violate any applicable law or regulation, or create liability to, or on the part of, any third party; or (ii) to deliver successfully any such content . You are solely responsible for the content of all User Information and transmissions thereof and use of SMS. Without prejudice to the foregoing, INFOBIP reserves the right to monitor your and End-Users’ use of SMS for purposes of verifying compliance with the terms and conditions of the Agreement and all terms herein provided, however, that INFOBIP disclaims any obligation to monitor, filter, or edit your or End-User’s Mobile Content.
You further understand and agree that you are entitled to use SMS Numbers that are provided as part of the Parseco Services only until the end of the Term. You understand and agree that INFOBIP is the customer of record for all SMS Numbers provided as part of the Parseco Services and, therefore, INFOBIP has certain rights and obligations with respect to porting of the SMS Numbers (“Porting” is causing or attempting to cause SMS Numbers to be transferred, switched, or otherwise moved to any other service provider, telephone carrier, or any other person or entity). As the customer of record for the SMS Numbers, INFOBIP is responsible for the numbers assigned to you. INFOBIP reserves the right to refuse to port any SMS Numbers in its sole discretion.
You understand and agree that following the termination of these Terms for any reason, the SMS Numbers assigned to you may be re-assigned to another customer. You agree that INFOBIP will not be liable for damages (including consequential or special damages) arising out of any such re-assignment and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if INFOBIP has been advised of the possibility of damages.
You understand and agree that INFOBIP may need to change the SMS Numbers assigned to you. You agree that INFOBIP will not be liable for damages (including consequential or special damages) arising out of any such change in the SMS Numbers assigned to you and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if INFOBIP has been advised of the possibility of damages.
VI. Free Parseco Services
INFOBIP may grant you free trials of its Parseco Services (hereinafter „Free Parseco Services“) which are limited to one per person. In the event that you create multiple free trial accounts, INFOBIP reserves the right to suspend those accounts and take all necessary actions to prevent additional violations. Free Parseco Services come with the amount of € 5.00 per account.
VII. Fees and Payment Principles
In case the Parseco Services are made available to you for a fee, you agree to pay all applicable fees. The current fees for Parseco Services are as set forth at www.parseco.com/pricing-and-coverage. You agree to pay any carrier costs, such as additional fees for providing you with SMS Numbers that will enable the performance of messaging termination service as part of your Application. In addition monthly and one time set-up fees may also apply in case so set-forth at the above website.
INFOBIP is entitled to amend or add new fees for any of the existing Parseco Services at any time and will endeavor to notify you of such change, but is not obligated to do so. Such new fees will apply from the moment of their posting on the above mentioned website.
All fees payable by you are exclusive of any and all applicable taxes and duties, including, without limitation, VAT and applicable sales tax. You will provide such information as reasonably required to determine whether INFOBIP is obligated to collect VAT from you. You are responsible for any applicable charges imposed on INFOBIP by a carrier including, but not limited to government fees for telecommunications.
The manner in which you will pay any fees may be determined by INFOBIP and any such payment shall be subject to INFOBIP’s general accounts receivable policies from time to time in effect. All amounts payable by you under these Terms will be made without setoff or counterclaim and without deduction or withholding. If any deduction or withholding is required by applicable law, you shall notify INFOBIP and shall pay such additional amounts to us as necessary to ensure that the net amount that we receive, after such deduction and withholding, equals the amount we would have received if no such deduction or withholding had been required. Additionally, you undertake to provide the documentation proving that the withholding and deducted amounts have been paid to the relevant taxing authority.
Should you have any dispute regarding the fees associated with your account, you may contact INFOBIP at firstname.lastname@example.org within 45 days of the date of the activity that generated such dispute, which dispute shall seek to be resolved at INFOBIP’s earliest convenience. In the event it has been decided that such dispute should be resolved by providing you with a refund of any paid sums, such refunds shall be credited to your account, but in no event shall there be any cash refunds. Disputes older than 45 days shall not be entitled to any refunds or credits.
VIII. Promotional Credits
INFOBIP may award credits, points or any of our other virtual currencies (each individually or collectively referred to as “Promotional Credits”) in connection with promotions or other giveaways. Acquisition of Promotional Credits provides only a limited, non-transferable, non-sublicensable, revocable license to use such Promotional Credits to access Parseco Services that INFOBIP expressly makes available for use with the Promotional Credits. Promotional Credits have no monetary value and do not constitute currency or property of any type, and as such may not be sold or transferred, and cannot be exchanged for cash or for any other goods, except for Parseco Services. INFOBIP is entitled to cancel any Promotional Credits transferred, assigned or sold in breach of this Agreement.
For the term of your license to Promotional Credits, you have the right to redeem Promotional Credits for usage of Parseco Services. INFOBIP assumes no guarantee that the particular service will be available nor that particular service will be offered for any particular time.
The term of your Promotional Credits license commences upon your acquisition of such Promotional Credits and, subject to this Agreement, expires upon the date that your access to the Parseco Services is expired, suspended, cancelled or terminated as set forth herein. If you delete your account, any remaining Promotional Credits may be redeemed, cancelled or expired by us. Once Promotional Credits are redeemed for Parseco Services, such Parseco Services are not returnable, exchangeable or refundable for Promotional Credits or any other virtual currency, or for cash or goods.
Promotional Credits may only be held by legal residents of countries where access to and use of the Parseco Services and Promotional Credits are permitted. Promotional Credits may only be awarded through means provided on the Website or otherwise expressly authorized by INFOBIP. INFOBIP can cancel or suspend your access to Promotional Credits in its sole discretion and without prior notice, if (a) you fail to comply with these Terms; or (b) if there is otherwise a suspect fraud or misuse of Promotional Credits. INFOBIP has no obligation or responsibility to, and will not reimburse you for, any Promotional Credits lost due to such cancellation or suspension.
INFOBIP has the absolute right to offer, manage, regulate, modify and/or eliminate Promotional Credits or any portion thereof, at any time, without any liability to you.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. You acknowledge that all Content accessed by you using Parseco Services is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You are solely responsible for any Content you submit, post or display on or through the Parseco Services.
You acknowlede that from time to time, INFOBIP may need to perform maintenance on or upgrade the Parseco Services or Website or the underlying infrastructure that enables you to use the Parseco Services or Website. This may require INFOBOP to temporarily suspend or limit your use of some or all of the Parseco Services or Website until such time as this maintenance and/or upgrade can be completed. INFOBIP shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any such Service suspension. To the extent possible, INFOBIP will endeavor to provide you with an advance notice of any Service suspension and updates regarding resumption of suspended Parseco Services, but shall not be held liable for failing to do so.
XI. Intellectual Property Rights
You acknowledge that all materials at the Website and Parseco Services, including the related design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively referred to as “Materials”), are the property of INFOBIP and/or its licensors, and are subject to and protected by applicable copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms are reserved to their respective copyright owners. INFOBIP authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of INFOBIP or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Trademarks”) contained or described at the Website and/or the Parseco Services are the sole property of INFOBIP and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of INFOBIP and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of INFOBIP and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of INFOBIP. In the event you use an open source version of the Parseco Services, you are not allowed to use any of the Trademarks in such open source offering. INFOBIP reserves the right to enforce its intellectual property rights to the fullest extent of the law.
You may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Parseco Services for any purpose whatsoever.
Provided that you comply with these Terms, you may use Parseco Services to execute Applications owned or lawfully obtained by you, and you are solely responsible for such Applications, including any data, text, images or content contained therein. You are personally responsible for all traffic originating from your Applications or using your account credentials to Parseco Services.
For the avoidance of doubt, your use of the Website and the Parseco Services is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through these Terms or otherwise. All Trademarks that appear on or in connection with any aspect of Parseco Services are either the property of INFOBIP or its affiliates or licensors. INFOBIP retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. Upon termination of these Terms, the license shall also terminate and all rights shall revert to INFOBIP without the taking of action on the part of either party. All rights not expressly granted herein by INFOBIP to you are fully reserved by INFOBIP and licensors.
Subject to your acceptance of and compliance with these Terms, and payment if and as required for your right to use Parseco Services, INFOBIP hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the term of these Terms in and under intellectual property rights in Parseco Services, only to use in connection with and as necessary for your use of Parseco Services, solely in accordance with these Terms and Conditions.
Where appropriate, INFOBIP may provide you, for your installation, copying and/or use in connection with the Parseco Services, from time to time, with a variety of software, data and other content and printed and electronic documentation (the “Parseco Assets”). Subject to your acceptance of and ongoing compliance with these Terms with respect to the subject Service, INFOBIP hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the validity of these Terms in and under INFOBIP intellectual property rights in the Parseco Assets, only to install, copy and use the Parseco Assets solely in connection with and as necessary for your use of such Parseco Services.
Parseco Assets may include, without limitation: (i) the Parseco Website; (ii) the Parseco APIs and Parseco Markup Language; and (iii) specifications describing the operational and functional capabilities, use limitations, technical and engineering requirements, and testing and performance criteria relevant to the proper use of Parseco Services and its related APIs and technology.
INFOBIP may make available under another license agreement, such as an open source agreement, additional content or software. Any such content or software will be clearly marked with such a license indicating the usage rights available for that content or software. For such content or software released pursuant to an open license, INFOBIP encourages you to modify, alter, tamper with, repair and/or create derivative works consistent with such license. Such content or software may include: (i) developer tools, such as software development kits or sample code, for use in connection with the Parseco APIs; and (ii) articles and documentation for use in connection with the use and implementation of the Parseco APIs (collectively, “Documentation”).
Except as may be expressly authorized under these Terms: (i) you may not, and may not attempt to, modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the INFOBIP Assets; and (ii) you may not, and may not attempt to, reverse engineer, disassemble, or decompile the INFOBIP Assets or the Parseco Services or apply any other process or procedure to derive the source code of any software included in the INFOBIP Assets.
XII. Representations and Warranties
You represent and warrant that you will not use the Parseco Services or your Application in a manner that violates these Terms.
You also acknowledge and understand that INFOBIP does not currently allow you to access any emergency or similar services. The Parseco Services are not intended to replace any primary phone service, such as a traditional landline or mobile phone, that may be used to contact emergency services.
You represent and warrant: (i) that you are solely responsible for the development, operation, and maintenance of your Application and your Content, including without limitation, the accuracy, appropriateness and completeness of your Content; (ii) that you have the necessary rights and licenses, consents, permissions, waivers and releases to use and display your Applications and your Content; (iii) that neither your Applications nor Content (a) violates, misappropriates or infringes any rights of us or any third party, (b) constitutes defamation, invasion of privacy or publicity, or otherwise violates any rights of any third party, or (c) is designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (iv) that neither your Applications nor Content contains any harmful components; and (v) that INFOBIP is not responsible to you for indemnification or directly to any of your customers or clients if you offer Parseco Services (including your Applications) based on Parseco Services. You also represent and warrant that you are responsible for any charges incurred by your use of the Applications, no matter whether the Applications acted in error.
You represent and warrant that you have read and understood these Terms, and you agree to abide by their terms, where applicable, including as incorporated by reference herein. You further agree to abide by all applicable local, state, national, foreign and international laws and regulations and that you will be solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Parseco Services.
XIII. Disclaimers and Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THIS WEBSITE, PARSECO ASSETS AND PARSECO SERVICES (COLLECTIVELLY „SERVICE OFFERINGS“) IS AT YOUR SOLE RISK, AND ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, INFOBIP, ITS SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, AND INFOBIP LICENSORS (COLLECTIVELY, THE “INFOBIP PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE INFOBIP PARTIES MAKE NO WARRANTY THAT: (I) THE SERVICE OFFERINGS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE OFFERINGS WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE SERVICE OFFERINGS WILL BE CORRECTED.
INFOBIP PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE OFFERINGS, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR (V) FOR ANY OTHER MATTER RELATING TO THIS WEBSITE, THE PARSECO SERVICES OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INFOBIP AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS WEBSITE AND THE PARSECO SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF INFOBIP PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM INFOBIP VIA THIS WEBSITE OR THE SERVICE OFFERINGS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
THE SERVICE OFFERINGS DOES NOT AND IS NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. “EMERGENCY SERVICES“ SHALL MEAN SERVICES THAT ALLOW A USER TO CONNECT WITH EMERGENCY SERVICES PERSONNEL OR PUBLIC SAFETY ANSWERING POINTS SERVICES. NEITHER INFOBIP NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE PARSECO SERVICES TO CONTACT ANY EMERGENCY SERVICES, OR YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES.
You agree to indemnify, defend and hold harmless INFOBIP against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of Parseco Services, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through Parseco Services, your breach of these Terms, your infringement or violation of any rights of another, or termination of your access to the Website or the Parseco Services. INFOBIP reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with INFOBIP in the defense of any such claim, action, settlement or compromise negotiations, as requested by INFOBIP.
XV. Term and Suspension
The validity of these Terms (“Term”) will commence upon your acceptance of the Terms as set-forth hereto and will remain in effect until terminated as stipulated herein. You may terminate these Terms for any reason or for convenience without any reason at all, by simply contacting us at email@example.com upon which we will close your account. INFOBIP may suspend your right and license to use any or all Parseco Services or terminate these Terms for any reason or for no reason, at INFOBIP’s discretion by providing thirty (30) days prior notice, if possible without causing any disturbance to the provision of Parseco Services.
INFOBIP may suspend or terminate your right and license to use Parseco Services for following reasons:
Immediately upon notice to you if (i) INFOBIP has reason to believe that you are in breach of your obligation under these Terms, (ii) there is an unusual increase in your use of the Parseco Services for which there are reasonable grounds to believe that such traffic or use is fraudulent and/or negatively impacting the operating capability of Parseco Services; (iii) INFOBIP determines, in its sole discretion, that provision of any of the Parseco Services to you is prohibited by applicable law, or has become prohibitively difficult or unfeasible for any legal or regulatory reason; (iv) you become insolvent, file a petition in bankruptcy or similar proceeding, or make an assignment for the benefit of your creditors; or (v) immediately and without notice if you are in default of any payment obligation with respect to any of the used Parseco Services.
Upon the suspension of your use of any Parseco Services, in whole or in part, for any of the above reason: (i) fees will continue to accrue for any Parseco Services that are still in use by you; (ii) you remain liable for all fees, charges and any other obligations you have incurred through the Parseco Services to the date of suspension with respect to the Parseco Services; and (iii) all of your rights with respect to the Parseco Services shall be terminated during the period of the suspension.
Upon termination of these Terms of Service for any reason: (i) you remain liable for all fees, charges and any other obligations you have incurred to the date of termination with respect to the used Parseco Services; and (ii) all of your rights under these Terms shall immediately cease.
Notwithstanding such termination or suspension, you will continue to be subject to certain parts of these Terms, including “Use of Parseco Services,” “Fees and Payment Principles,” “Content,” “Intellectual Property Rights,” “Representations and Warranties,” “Disclaimers and Limitations of Liability,” “Indemnification” and “Governing Law and Legal Venue” sections of these Terms.
Except as otherwise expressly stated in these Terms, you agree that INFOBIP shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Parseco Services.
INFOBIP will endeavor to keep information you provide secure, but cannot guarantee that it will be successful at doing so. You acknowledge that you bear sole responsibility for adequate security, protection and backup of your content including all data associated with your account. INFOBIP will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of your content.
Links at the Website or via Parseco Services to third party websites are provided only as a convenience to you. If you use these links, you will leave the Website and potentially Parseco Services. INFOBIP does not control or endorse any such third party websites. You agree that the INFOBIP Parties, as defined hereto, will not be responsible or liable for any content, goods or Parseco Services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Website or Parseco Services, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. INFOBIP expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and Parseco Services, that appear on any third party website.
XVIII. Governing Law and Legal Venue
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
The parties irrevocably agree that the London courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Terms or its subject matter or formation (including non-contractual disputes or claims).
Any notice or other communication required or permitted to be made by us under these Terms for you or your account specifically (e.g., notices of breach and/or suspension) will be provided to you via a notification message displayed on your account page or via the email address provided to us in your registration for the Parseco Services or in any updated email address you provide to us in accordance with standard account information update procedures we may provide from time to time. It is your responsibility to keep your email address current and you will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not you actually receive the email.
For notices made by you to us and for questions regarding these Terms or the Parseco Services, you may contact INFOBIP by (i) mail at INFOBIP Ltd, 6th Floor, Clinch’s House, Lord Street, Douglas, Isle of Man IM99 1RZ, or (ii) sending an e-mail to firstname.lastname@example.org.
The present Terms constitute the entire and only terms and conditions of service between INFOBIP and each user of the Website or Parseco Services with respect to the subject matter of these Terms.
In the event any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of the Terms will remain in full force. Further, if any provision of the Terms, for any reason, is determined by a court of competent jurisdiction to be excessively broad or unreasonable as to scope or subject, such provision shall be enforced to the extent necessary to be reasonable under the circumstances and consistent with applicable law while reflecting as closely as possible the intent of the Parties as expressed in the present Terms.
The failure of the INFOBIP Parties to insist upon strict adherence to any term of these Terms shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms.
No action arising out of this Terms or your use of Parseco Services, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
XXI. Customer Support
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms, you may send an email at email@example.com.