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Terms and Conditions

03/07/2024

The Terms and Conditions (“Agreement”) represent a binding agreement between TalkCampaign and You. By using the Website and our Services you are accepting this Agreement. If You do not agree to this Agreement, You should immediately stop using the Website and the Services.

TalkCampaign reserves the right to amend this Agreement, from time to time without the need to notify You, and Your use of the Website and Services shall be understood as an agreement to the new terms of the Agreement. TalkCampaign reserves the right to modify, suspend or terminate any Services at any time, without the need to indemnify You.

1 – Services

  1. You wish to use our messaging services and/or One-Time Password services (collectively defined as “Services”) in accordance with the plan You subscribe and with this Agreement.
  2. If You accept this Agreement on behalf of Your employer or on behalf of a third party, You acknowledge and represent that You have the consent of your employer or the third party.
  3. You shall only use the Services if you are at a legal age to bind Yourself to an Agreement.

2 – Term and Termination

  1. This Agreement, subject to the amendments TalkCampaign may do at any time, is valid and applicable to your use of the Services and for the same term Your use of the Services.
  2. TalkCampaign may at any time immediately terminate this Agreement, without notice.
  3. Notwithstanding the above, TalkCampaign reserves the right to cease Your use of the account if within 3 months, You don’t add any credit to Your account.
  4. On termination of this Agreement:
    1. You will immediately cease to use the Services;
    2. All licenses and rights granted under this Agreement will immediately terminate.

3 – Payment

  1. You shall pay the fees as described in the package pricing You have subscribed.
  2. You are the sole responsible for choosing the package pricing subscription that best suits Your needs.
  3. In case You don’t pay the fees, TalkCampaign may suspend Your access to the account. In case You keep on not paying the due fees, TalkCampaign may terminate your account, without notice.
  4. You are responsible for all bank and finance charges. The fees indicated on each package pricing subscription is the amount You owe to TalkCampaign.
  5. The fees are indicated without any taxes, so in case these are applicable, they will be charged to You. You are responsible for the payment of taxes that may result from this subscription.
  6. You are not entitled to any refund, even if You do not use all the Services associated to Your package pricing subscription.

4 – Your access

  1. In order to provide the Services, TalkCampaign may require certain information, which You shall ensure that it is completed and accurate at all the times.
  2. We may ask You to add Your email address and password for each account. You are the sole responsible for keeping Your password confidential and You must notify TalkCampaign immediately in case there is an unauthorized use of Your account or any other breach of security.
  3. TalkCampaign will not be liable or indemnify You or any third party for any access to Your account made through Your access details.

5 – Warranties

  1. The Services are provided as is and as available as and TalkCampaign does not warrant, represent or guarantee, whether expressly or implicit, that any Services are free of errors or interruptions, always available, fit for any purpose or do not infringe any third-party rights. TalkCampaign does not warrant that the Services will be available to You at all times or free from faults or interruptions.
  2. It may be necessary from time to time for TalkCampaign to suspend the Services that TalkCampaign provides to Your for routine or emergency maintenance. TalkCampaign will, however without any obligation to do it, notify You, whenever possible.
  3. The Services do not include any support services.

6 – Confidentiality obligations and Data Protection

  1. You will at all times keep confidential all information you received, in any way, by using or accessing the Services. This is not applicable to public information.
  2. TalkCampaign only provides the Services to You. You are the sole responsible for complying with the Data Protection regulations that may be applicable.
  3. TalkCampaign will treat Your end-user information as confidential and will not disclose it to third parties, unless as necessary to provide You the Services or to comply with legislation.

7 – Your use

  1. You warrant and represent that You will not:
    1. Use the Services in violation of the Data Protection obligations that may be applicable to You;
    2. Use the Services or permit the Services to be used for any improper, fraudulent, immoral or unlawful purpose;
    3. Use the Services or permit the Services to be used for the transmission of an material which is defamatory, offensive, abusive, obscene or menacing character or nature;
    4. Use the Services or permit the Services to be used in a manner that infringes the intellectual property rights or any other proprietary rights of any third party;
    5. Use the Services or permit the Services to be used in a manner that may injure or damage any person or property or cause the quality of the Services to be impaired; or
    6. Use the Services for spam purposes.
  2. You will at all times during Your use of the Services:
    1. Use the Services in accordance with all applicable laws and guidelines from the Supervisory Authority;
    2. Obtain the necessary rights, licenses and consents from all relevant third parties to enable You and TalkCampaign to use the end-user data for the purposes of this Agreement.
    3. Comply with the directions and instructions given by TalkCampaign in relation on to use the Services; and
    4. Not act in any manner likely to bring TalkCampaign into disrepute.
  3. In case any end-user requests TalkCampaign any information related to the Services, we may, at our sole discretion, decide to reply directly to the end-user or redirect the end-user to You. You are the one responsible for making sure that the information related to the end-user is accurate and complete at all the times.

8 – Limitations of liability and indemnification

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TALKCAMPAIGN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR OTHER ECONOMIC LOSS (SUCH AS, BUT NOT LIMITED TO, ANY LOSS OF PROFITS, BUSINESS, CONTRACTS, REVENUE, TURNOVER OR ANTICIPATED SAVINGS) WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR VERIFIED PROFILE; (iii) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR VERIFIED PROFILE; AND (iv) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR THE SERVICES OFFERED ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT TALKCAMPAIGN HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  2. IN CASE THE ABOVE LIMITATIONS ARE NOT ALLOWED BY APPLICABLE LAW, THE PARTIES AGREE AND RECOGNIZE THAT TALKCAMPAIGN MAXIMUM LIABILITY TOWARDS YOU SHALL NOT EXCEED THE FEES THAT YOU’VE PAID IN THE PREVIOUS MONTH TO THE CLAIM GIVING REASON TO THE LIABILITY.
  3. YOU AGREE TO INDEMNIFY AND HOLD TALKCAMPAIGN, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS IN INTEREST, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES, HARMLESS FROM ANY DEMANDS, LOSS, LIABILITY, CLAIMS, OR EXPENSES (INCLUDING ATTORNEYS’ FEES) MADE AGAINST TALKCAMPAIGN BY ANY THIRD PARTY DUE TO ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR THE SERVICES.
  4. TalkCampaign will not be in any way liable for Your use of the Services, including the content of the messages and/or OTPs You send, and You use the Services at Your own risk.
  5. You shall be responsible for explaining and answering to any complaints that TalkCampaign receives from any relevant regulatory body resulting from Your use of the Services. We will forward any complaints to You as soon as it is possible. You will be liable for any fines and/or penalties imposed by any Supervisory Authority against You.

9 – Intellectual Property

  1. All content, trademark and data on our Website and in our Services, including software, databases, text, graphics, icons, hiperlinks, private information and designs are the property of or licensed to TalkCampaign.
  2. Nothing in this Agreement shall be read as granting You any right to the Services or to the Website. You may not reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of our software; modify, translate, or create derivative works based on the software or application; copy, rent, lease, distribute, assign, or otherwise transfer rights to the software or application; or remove any proprietary notices or labels with regard to our services. TalkCampaign retains ownership of all propriety applications, software, intellectual property and any portions or copies thereof, and all rights in it. You will notify TalkCampaign of any suspected infringement of TalkCampaign’s intellectual property of which You become aware and will take all reasonable action as TalkCampaign may direct in relation to that suspected infringement where such is directly and specifically related to the services TalkCampaign provides You.

10 – Miscellaneous

  1. TalkCampaign may make use of Your name, logo, trademarks and other visual identity for publicity and marketing purposes, without prior consent.
  2. Except for Your obligation to pay the fees, neither party will be liable for any delay in the performance of or any failure to perform any of its obligations under this Agreement that is caused by any event which is beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of necessary telecommunications, data communications and/or computer services, power supply failures or shortages, acts or omissions of third parties (including, but not limited to, Network Operators), acts of government or Regulators or telecommunications network congestion.
  3. If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect.
  4. These Terms shall be governed by and construed in accordance with laws of the Republic of Portugal and the parties hereto submit to the exclusive jurisdiction of the Porto, Portugal courts for the purpose of enforcing any claim arising hereunder.