1. Terms of Service
1.1. The FLYING BITS LLC (hereinafter named “MESSENGEROS”) company develops and operates an E-mail marketing and SMS marketing platform or website – https://messengeros.com/ – hereinafter called “Data Controller offering intermediary services between the client’s company platform and messaging infrastructure companies in order to send e-mail & SMS marketing communications.
1.2. The Data Controller is MESSENGEROS owned by FLYING BITS LLC, duly registered according to the Romanian and European Union legislation, located in Bucharest, Romania, 4th Bozieni Street, Building 834, Ap. 65, 6th district, having the Fiscal Identification Number 18593164 and the National Trade Registry number J40/6414/17042006.
In this document, the term “platform” shall mean and refer the up-mentioned website and includes the social platforms company pages.
1.3. Your legal relationship is with MESSENGEROS entity which operates the platform you are using and/or through which you conclude an online transaction, unless specifically stated otherwise elsewhere.
1.4. MESSENGEROS reserves the right to assign in the future the operation of the platform, partially of totally, to any other future registered company. Such change of operator will be reflected in our Terms of Service.
1.5. FLYING BITS LLC, and if the case, any of its affiliates, are individually and collectively referred to as “MESSENGEROS”. In case of doubt, the term “MESSENGEROS” or “we” refers to the operator of the website you are using.
2. Subject and Acceptance of Terms of Service
2.1. Your access to and the use of our platform is subject to and governed by all applicable Romanian and European Union laws and regulations and these terms and conditions of service, including any policies or other policies referred to in here and available on the platform, as amended from time to time (“Terms of Service”). Please read these Terms of Service carefully; if you do not agree with the terms, please do not use our platform. If you continue to use our platform, you will be deemed to have accepted the present document.
2.2. We reserve the right to make functional, content and visual changes at any time to our platform and our Terms of Service without any other notice, except when significant changes to our relationship with the clients might be in question or our changes affect our costumers’ legal status; in such cases we will notify you of any changes via e-mail, SMS or throughout a pop-up on our website. Significant changes will additionally be communicated in an adequate manner. Please make sure that you review the Terms of Service regularly since by using our platform you will be deemed to have accepted the Terms of Service in the version published at the time of your respective visit.
5. Conclusion of contract
5.1. After you choose the best option-plan for your business, you pay via our payment processor and you will have access to the MESSENGEROS Services according to the plan to which you have subscribed.
5.2. After you have purchased your option plan on our platform, you will receive a confirmation of your purchase and details of how the Service works via e-mail. The contract between you and us will only be formed upon sending the order confirmation and after you pay for the respective option.
6. Warranties by the User
6.1. You warrant and undertake to provide all necessary information relating to your communication goals, targets and engagement in the platform trustfully and honestly, disclosing all relevant information (documents and other information) truthfully and to the best of your knowledge.
6.2. If you provide any information to us which is untruthful or if you provide false data or you don’t provide certain information you know is relevant for the performance of the Service you are requesting, the present agreement becomes immediately void. In such cases, MESSENGEROS has the right to terminate any commercial relationship with you and all benefits earned or expected until such time, will be refrained, blocked, or withdrawn. Payment returns will not be possible in such cases.
7. Availability and faults
7.1. MESSENGEROS cannot guarantee constant availability of MESSENGEROS website. Our platform will not always be available and may have some faults. The platform is provided on an “as is” and “as it is available” basis and we collect any available information we have about possible “invisible” and/or visible” errors.
7.2. We are under no obligation to update any information contained on our platform, unless otherwise provided by the applicable law. We reserve the right to modify, edit, delete, suspend or discontinue, partially of fully, temporarily or permanently, our platform and/or the information, materials, products and/or services available through it.
7.3. MESSENGEROS thus expressly reserves the right to exclude you from using MESSENGEROS platform services if you intentionally provide false information, misuse the website, fall into arrears, or violate the provisions of these Terms of Service or any other company public available policy.
8. Ownership, Trademarks, Copyright and Software
8.1. “MESSENGEROS” and other distinct brand marks, logos and service names are trademarks of FLYING BITS LLC. The trademarks of MESSENGEROS must not be used in connection with any product or service that is not related to the company unless a prior written license is obtained from the latter or unless otherwise permitted in these Terms of Service. All other trademarks not owned by MESSENGEROS displayed on the platform are the property of their respective owner, who may or may not be connected, related, or sponsored by MESSENGEROS.
8.2. Unless otherwise indicated, our platform including all available content, such as design, texts, graphics, logos, images, audio or visual clips, and other information related to it, is protected under copyright and other applicable intellectual property law and is the property of MESSENGEROS, its affiliates, or their respective content suppliers. MESSENGEROS and/or any of its affiliates are the owner (or, as the case may be, the licensee) of all intellectual property and other proprietary rights in or relating to our platform. All such rights are reserved.
8.3. Your posting on our platform or related company social media pages does not constitute a waiver from us of any right in or relating to our website. Except as expressly granted herein, you do not acquire any rights, title, or interest in or relating to our website.
8.4. All the content, compilation and software are protected by applicable copyright laws. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance of the content on this platform is not permitted without obtaining prior written consent from MESSENGEROS.
9. Limitation of Use (of our platform)
9.1. We grant you a limited right to access and make use of our platform according to your business needs and in compliance with these Terms of Service. You are not allowed to: (i) reproduce, duplicate, copy, sell, retransmit, distribute or otherwise exploit our platform including any of its content for any purpose without obtaining our prior written permission; (ii) resale or reproduce our service in any way, if we have not expressly authorised any distribution; (iii) make derivative use of our platform or its contents; (iv) download or copy information for the benefit of another business; and/or (v) use data mining, robots or similar data gathering and extraction tools.
9.2. For business use only, you may print off reasonable copies and may download extracts of any page(s)/section(s) from our platform or generated by MESSENGEROS. You must not modify the paper or digital copies you have printed off or downloaded in any way and you must not use (either for personal or commercial purpose) any illustrations, photographs, video or audio sequences, or any graphics, separately from any accompanying text.
9.3. You must not misuse our platform by knowingly introducing viruses or other material, which is malicious or technologically harmful, attempt to gain unauthorised access to our service or attack our platform via a denial-of-service attack or other cyber-attack or cyber-threat activity. A breach of this provision may constitute a criminal offence and we may report you to the relevant authorities for such acts, with or without a prejudice that was caused and without waiving any other legal means available to us for recovery of incurred damages.
9.4. Access to or use of our platform (or information, materials, products and/or services on our platform) may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with all applicable consumer laws and regulations of the country from which you are accessing our platform. We make no representation that our platform or website (or information, materials, products and/or services on our platform or website) is appropriate or available for use in locations outside the countries in which MESSENGEROS activates. The list of available countries may be extended, and we will make notice about such changes in the present document.
9.5. You undertake not to do any of the following in connection with our platform:
9.5.1. breach any applicable law, regulation or code of conduct or infringe any intellectual property or rights of others;
9.5.2. impersonate any person or entity for the purpose of misleading others;
9.5.3. use our platform to provide a similar service to third parties or otherwise with a view to competing with us;
9.5.4. use our platform for junk mail, spam, pyramid or similar or fraudulent schemes;
9.5.5. do anything which may have the effect of disrupting our platform including worms, viruses, software bombs or mass mailings;
9.5.6. do anything which may negatively affect another users’ enjoyment of our platform;
9.5.7. gain unauthorised access to any part of our platform or equipment used to provide our platform;
9.5.8. use any automated means to interact with our systems excluding public search engines; or,
9.5.9. attempt, encourage or assist any of the above.
9.6. We reserve the right to suspend or terminate your access to our platform (or sections of it) at any time, in particular if we believe you are using our platform in any way that is contrary to any of these Terms of Service or otherwise in a harmful way. If you print off, copy or download any part of our platform and/or use such copies or parts of our platform in breach of these Terms of Service, you must, upon our choice, return or destroy any copies of the materials you have made and in case of destruction provide evidence of such action.
10.1. In case you cannot use the purchased option – plan, please inform us in writing at least 48 hours before the you intent not to use our Service. In order to request any Support, please write to us using our Contact form.
10.2. Any amount paid in advance will be reimbursed in the bank account you used to make the payment.
10.3. To the extent that you do not use MESSENGEROS Services after you have purchased the option – plan and you do not announce or notify us in any way within the interval mentioned in article 9.1., the amount paid will not be reimbursed, considering that the requested Service was made available for you.
10.4. In the event that you initiate a chargeback procedure or a request for the reimbursement of the amount paid to your bank, without noticing us in advance with at least 48 hours about not using our Service, MESSENGEROS has the right to debate the respective chargeback procedure or reimbursement request, providing evidence in support for the withholding of the amount paid.
10.5. In the situation provided for in art. 9.4., in case you obtain the reimbursement of the amount paid, MESSENGEROS has the right to claim from you the payment of the amount due. If MESSENGEROS does not request (does not exercise this right) the payment of the specific amount, the debt is prescribed after 3 years, according to the rules applicable to the general legal prescription terms according to Romanian law. Within the prescription term, MESSENGEROS’s right to action is guaranteed.
11.1 We do not process any bank related information as we use a payment partner integrated in our platform that makes payments available and possible. Our Partner is processing any and all necessary payment information.
11.2. You will be fully informed upfront about all related fees and commissions you pay within the cost of the option – plan. MESSENGEROS does not add any commissions that you are not informed about at the time of the virtual payment is being done.
11.3. As we deliver a B2B Service only, our services are only available to legal persons (companies or entities assimilated to legal persons), thus we only accept payments from such entities. However, should this rule change in the future we will adapt the present Terms of Service and we will inform you separately by SMS or e-mail about any relevant payment update.
12. Exclusion and Limitation of our Liability
12.1. Subject to the next section, in our own capacity and on behalf of our affiliates, we exclude any liability arising out of or in connection with access or use of our platform or any third-party website we are linked with, to the extent permitted by the applicable law. This exclusion applies but is not limited to:
- losses from unavailability of the platform or technical faults with the platform;
- loss of data;
- loss caused by denial-of-service attack, viruses or other technologically harmful material;
- loss of revenue or profit or anticipated savings; and
- loss arising from circumstances beyond our reasonable control and loss which is not reasonably foreseeable (like an epidemic, a pandemic, social disorders, or other similar events but also to any circumstance in general that may hinder the company’s activity in any way).
12.2. We do not seek (and nothing in these Terms of Service is intended) to exclude or limit liability and any such exclusion or limitation of liability shall not apply to the following cases:
- loss or damage caused by our fraud, wilful misconduct, or fraudulent misrepresentation.
- liability which under applicable laws of consumer protection or product liability cannot be excluded (however such laws are denominated);
- any other liability, which cannot be excluded or limited under applicable law.
13. Your Liability and Indemnity Obligation
You agree to be liable to us and if the case, to other users, our employees or, if the case may be, to our affiliates for damages and losses and to indemnify and hold us, our users, employees, and our affiliates harmless from any third-party claim or demand related to or arising out of your breach of these Terms of Service.
14.1. Waiver: No waiver by us of any of the provisions of these Terms of Service will be effective unless it is expressly stated to be a waiver and notified to you in writing.
14.2. Severability: If any court or competent authority decides that any of the provisions of these Terms of Service is invalid, unlawful, or unenforceable under the applicable law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions shall remain in full force and effect.
14.3. Entire Agreement: These Terms of Service contain the entire understanding between you and us with respect to the use of our platforms. No representation, or statement, oral or written, not contained in the present document shall be binding on either you or us unless mutually agreed in writing between you and us.
15. Choice of Law and Jurisdiction
These Terms of Service and all matters arising or relating to these terms and this platform including its content shall be governed by the laws of Romania and European Union, where MESSENGEROS platform is mainly operating according to our Terms of Service. The courts, mediation and data protection authorities of Romania shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms of Service.
These Terms of Service are drafted and interpreted in English language, and we may use a software translation option of our platform for Clients from the countries in which we operate. In case there is any misunderstanding between the English version of the content available on our platform and the translation of this content, the English version will always prevail.
Last updated version: July 2023