Terms and Conditions
These Terms of Service ("Terms") set a contract between
- Messgen.com Software as a Service, and
- The company, persons or other legal entity that accepts these Terms ("Customer")
that controls customer access to and use of the Messgen.com software that allows you to formulate robustly, targeted messages in seconds ("Service") from Messgen.com to create a content-rich message specifically tailored to your target audience and is written in your own words.
These Terms and Conditions apply mutatis mutandis to all Software used to provide the Service or made available to the Customer to facilitate the Service ("Software").
Changes or additions to these Terms and Conditions can be specified on your Order Form for the Service, which is signed by a competent officer of Messgen.com and the Customer to be valid.
In the event of a conflict between these Terms and Conditions and a valid Order Form, the Order Form takes precedence.
ACCESS TO THE SERVICE
The Customer may use the Service only for many purposes and only within the scope of the Customer's normal activities, on a non-exclusive basis, solely in strict accordance with these Terms and Conditions, the documentation provided with the Service (the " Documentation "), and all applicable laws, including but not limited to data privacy laws and regulations that apply to the Customer.
Except for Content that is publicly shared, such as facilitated by features built into the Service, all access to the Service must be through personal user accounts. When registering a personal user account, the Customer will provide correct, accurate, up-to-date, and complete information about each user via the Service registration form and maintain and immediately update the registered data to keep it truthful, reliable, and comprehensive.
User accounts are personal and may not be shared between individuals. Account information and passwords are treated confidentially. The Customer, or a person who has been given access to the Service by the Customer, will not authorize any third party to access or use the Service, unless and to the extent that Messgen.com has provided mechanisms within the Service that permit such use. Messgen.com is not liable for loss or damage resulting from unauthorized use of personal user accounts.
The Customer is fully responsible for any use of the Service that is performed through personal user accounts created by the Customer or someone working for the Customer, regardless of whether the Customer is aware of or has consented to it.
The Client is responsible for informing anyone who uses the Service for or on behalf of the Client about the obligations, as mentioned earlier.
The Customer is obliged to immediately inform Messgen.com of any known or suspected unauthorized use of the Service.
PRIMARY CONTACT PERSON
One person, as identified on the Order Form for the Service, will be the primary contact for all communications regarding the Service. The Customer is responsible for updating Messgen.com from the reassignment of this role and any changes to email, telephone, or address information. Messgen.com is not liable for the results of communication that does not reach the intended recipient due to the fact that this information is out of date.
CONTENT AND DATA OF THE CUSTOMER
Messgen.com does not claim ownership of Content or data that is transferred, stored, created, or processed through personal user accounts or otherwise by the Customer. Messgen.com has no control over the Content or data in any way.
The Client as a result of this grants Messgen.com and our contractors the right to send, process, use, and disclose content or data posted on the Service to the extent necessary to deliver the Service or to comply with it to any request from a government or regulatory authority as required by law. To the extent that the Customer's Content or data contains personally identifiable information.
The Customer declares and warrants that he has all rights to the Content necessary for the Customer to use the Service and to grant the rights in this provision and that the transfer, storage, or use of the content does not violate or violate any law Conditions.
CONTENT AND DATA
If the Customer cancels the Service, the Customer can request a one-time transfer of all content and data, including metadata generated in the system, to a server of the Customer's choice. The Customer must have a valid subscription to the Service for the full duration of the transfer.
STORAGE OF CONTENT AND DATA
Messgen.com clearly states where the Customer's content and data are stored when the Customer orders the Service. Messgen.com stores customer content and data in accordance with best industry practices and applicable information security laws and regulations and stores at least 3 copies of customer content and data to prevent data loss. If the Service is canceled, Messgen.com may store Customer Content and data for up to 90 days before being permanently removed from all Messgen.com systems.
The Service includes access to technical support through a web-based ticket system. Technical support is available for the primary contact person. Technical support will make reasonable efforts to respond to all support tickets as quickly as possible.
Customer is responsible for channeling support requests as described in this provision, and for escalating any support incidents to Messgen.com through the primary contact person. Messgen.com is not responsible for the handling of support requests submitted to Messgen.com by persons other than the primary contact person.
AVAILABILITY OF THE SERVICE
Messgen.com offers no guarantees regarding the availability or uptime of the Service but will make reasonable efforts at all times to maintain the performance, stability, and uptime of the Service.
FAIR USER POLICY
Messgen.com does not charge a separate fee for network traffic costs incurred as a result of using the Service and assigns a monthly network quota to each account that is equal to the intended storage for the account. We reserve the right to suspend the Service if network traffic exceeds reasonable use for a significant period. Before we suspend the Customer's account (s), we will contact the Customer about excessive use and offer an upgrade to the Customer's data plan to increase the network quota.
ACCEPTABLE USER POLICY ("AUP")
This provision contains the rules for the use of the Service by the Customer. If Messgen.com suspects that the Customer has violated this AUP, Messgen.com may suspend Customer access to the Service without notice. The suspension caused by the Customer's failure to comply with this AUP or other provisions in these terms and conditions does not affect the Customer's obligation to pay for the Service per applicable order forms.
The Customer may not use the Service to harm others or the Service. For example, the Customer may not use the Service to harm, threaten, or harass another person, organization, or Messgen.com. You may not use the Service to attempt to build a similar service or website or to build a product with the same functions.
Besides, the Client will not assist or encourage a third party to:
- Access to or use of the Service in a manner that is intended to prevent unauthorized charges or to exceed usage limits
- Share passwords or other access information or devices, or authorize a third party to use the Software or the Service
- Use the Service to perform illegal or fraudulent activities
- Use the Service operation of facilities, systems, and devices or in other situations in which the failure of the Service can lead to death, personal injury or physical property and/or environmental damage
- Sell, lend, rent, resell, lease, sublicense or otherwise transfer the rights granted to the Customer concerning the Service to a third party
- Modify, tamper with, repair or otherwise create derivative works of the Service or Software that comes with the Service
- Use unauthorized means to change the Service, to redirect or access the Service or to perform these activities
- Use an automated process or Service (such as a bot, a spin, or periodic caching of information stored by Messgen.com) to access or use the Service
- Damage, disconnection or damage to the Service (or a network connected to the Service)
- Perform reverse engineering, disassemble or decompile the Software used to access the Service
- Accessing or attempting to access Messgen.com other accounts, computer systems or networks that are not covered by the Terms
- The excessive burden on the Service or system resources or capacity of Messgen.com
- Remove, hide or change any proprietary notices regarding the Service
Messgen.com reserves the right, in its sole discretion, to determine whether and what action to take following any such notification, and any activity or inactivity in a particular case will not dictate Messgen.com response to a future complaint or limit.
If you receive Software from Messgen.com , its use is governed by the End User License Agreement that is presented at the time of installation or available through the Help of the Software.
Software is licensed, not sold. The Customer will receive a non-exclusive, non-sub licensable, and revocable license to reproduce and use the Software in quantities and locations that are strictly necessary to support the Customer's use of the Service per these Terms and any applicable Order form. The Customer is not entitled to use the Software in any way or for any purpose that is not directly related to the Customer's use of or access to the Service. Unless Messgen.com informs you otherwise, the software license ends when customer service ends. The Customer will remove the Software immediately after the end of the Service, or Messgen.com can disable it.
The Customer does not do that
- try to bypass technical limitations in the Software;
- modify the Software in any way, create derivative works or distribute works;
- reverse engineering (except if and to the extent permitted by law), decompile, disassemble or otherwise attempt to derive the source code concerning the Software.
COSTS AND PAYMENTS
The service costs are available in the Messgen.com price list. The price quoted for the Service does not include all taxes and fees. The Customer is responsible for all taxes and all other costs arising from the use of the Service (for example, data costs and currency settlements). The Customer pays the fees in the currency stated on the relevant order form. Interest due to late payment is due to any late payments, per United States law, for late payment of interest. Messgen.com may choose to suspend Customer access to the Service until payment has been made.
If the Customer has chosen to pay by credit card, Messgen.com will store and charge the card according to the specified billing schedule.
Card information is stored securely with our payment provider Nets, and Messgen.com never has access to the actual card data.
The Customer may test the Service for free for a period of 30 days. This trial offer is available once for each company, as identified by the official company registration number in your country of incorporation. The Customer can cancel the Service until the last day of the trial period without costs. By continuing to use the Service after the trial period, the Client is deemed to have accepted these General Terms and Conditions as quoted to the Client before commencing the trial period. Messgen.com provides the first invoice to the Customer on the first day after the 30-day trial period expires, or as soon as possible after that.
The Customer can choose one of the following subscriptions and billing options:
- A monthly subscription ("Monthly plan"). The subscription period is one month and is automatically extended unless the Customer cancels per these terms and conditions before the renewal date.
- An annual subscription, payable in advance. The subscription period is one year and is automatically renewed each year unless the Customer cancels his plan before the renewal date. The Customer has no right to cancel, reduce the number of accounts or downgrade the Service until the anniversary of an annual subscription. No refunds are made for payments per yearly plan.
A customer who subscribes to a monthly subscription can switch to the annual plan at any time. A customer who subscribes to an annual subscription may only switch to the monthly plan at the end of the one-year term of the annual subscription.
The Service may not be canceled within a subscription period, as described above. However, the Customer can opt for automatic renewal by canceling the chosen subscription before the relevant renewal date.
Messgen.com has the right to change the prices for the Service with notification of at least 30 days to the Customer. When the Customer's subscription is extended, the Customer is bound by the last published price list on the previous day of the due date, unless a fixed service period and price has explicitly been agreed in a valid order form or otherwise.
UPDATES OF THE SERVICE
Messgen.com reserves the right, in its sole discretion, to implement unplanned implementations of changes, upgrades, or improvements to the Service at any time.
Messgen.com can add or remove functionality or functions and interrupt or stop a Service.
Messgen.com strives to apply updates and changes according to the service windows defined in this document: Messgen.com SaaS helps to Eliminate Time Spent in Writing Messages.
If at any time Messgen.com plans to perform a larger system update that causes downtime of more than 1 hour, we will notify affected customers.
Information to which the Customer gains access in connection with the Service will be treated as confidential information and will not be disclosed to third parties without the consent of Messgen.com.
The confidentiality obligations in this provision do not preclude the disclosure of information if the Customer is legally obliged to disclose information. Messgen.com will, if possible, be informed before such disclosure.
Information is not considered confidential insofar as the information was already known to the Customer or is accessible to the public.
The Customer undertakes to take all necessary precautions to prevent unauthorized persons from gaining access to or knowledge of confidential information. The confidentiality obligation applies to the employees of the Customer, subcontractors, and other third parties acting on behalf of the Customer.
The confidentiality obligation continues to apply after the expiration or termination of a customer relationship.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in and to the Service, Software and Documentation, including but not limited to user interfaces, logos, trademarks, product or service names, belong exclusively toMessgen.com or the licensors of Messgen.com, as appropriate. This contract and the delivery of the Service to you do not grant you any rights in or to the Service, Software or Documentation, except to the extent these Terms are expressly set out.
DISCLAIMER OF WARRANTY
Messgen.com offers the service "as is" and "as available." Messgen.com makes no representations or warranties of any kind, and all express or implied terms and conditions, statements and warranties including, without limitation, any implied warranty or condition of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality, non-interference, accuracy of information content, or resulting from a course of action, legislation, use or trade practices are hereby excluded to the extent permitted by applicable law and are expressly rejected by Messgen.com, its suppliers and licensors.
The Customer shall defend and indemnify Messgen.com against all costs, loss, damage or other liability arising from a third-party claim or claim that any Content or use of the Service by the Customer in violation of these Terms and Conditions: (a) infringes a registered patent, registered trademark or copyright of a third party, or obscures a trade secret (insofar as such an eclipse is not the result of the actions of Messgen.com); or (b) violates applicable law.
Messgen.com will defend and indemnify the Customer from any claim that the Service, as such, infringes the intellectual property rights of a third party. If such a request is set out, Messgen.com has the option, at Messgen.com discretion, to settle the claim immediately, to provide the Customer with continuous and uninterrupted use of the Service, or to provide the allegedly infringing part of the Service. It is replaced with a non-infringing part of the same functionality.
The Customer is obliged to notify Messgen.com if the Customer receives a claim or claim to which the compensation obligation ofMessgen.com applies, and Messgen.com has the same responsibility towards the Customer.
Messgen.com may terminate the contract with immediate effect if the Customer violates these Terms and Conditions or any other terms and conditions that apply to the use of the Service. If the agreement is terminated due to violation, you are not entitled to any reimbursement.
Messgen.com can terminate the contract for convenience with written notice of 30 days to the Customer. If Messgen.com terminates the contract for comfort, the Customer is entitled to a refund that is proportional to the remaining service period already paid.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in these Terms of Service, the aggregated maximum liability with regard to the services of Messgen.com, its affiliates, officers, employees, agents, suppliers and licensors is jointly, to the Customer or any other person or entity providing the Service, either in contract, tort (including negligence), breach of warranty or otherwise, is limited to an amount equal to three months of service costs.
Notwithstanding of whether a solution set forth herein does not meet its essential purpose or otherwise, Messgen.com or its suppliers are in no way liable for lost income, profit or lost or damaged data, business interruption, loss of capital or for special , indirect, consequential, incidental or punitive damages, regardless of the cause and the theory of liability or arising from the use of or inability to use Software or otherwise and even if Messgen.com or its suppliers or licensors are aware brought the possibility of such damage.
ASSIGNMENT AND TRANSFER
Neither party may transfer or assign its rights and obligations under this contract without the prior written consent of the other party, which will not be unreasonably withheld. The same applies if a party is split into different companies or if it is transferred to a subsidiary or another company within the same group, but not if a party is merged with another company.
APPLICABLE LAW; DISPUTES
These terms and conditions are governed by and interpreted in accordance with UNITED STATES law.
In the event of a dispute between the parties that cannot be settled through negotiation, either party has the right to have the dispute finally settled by the UNITED STATES courts.
Nevertheless, Messgen.com has the right to institute legal proceedings in the country where you are domiciled or conduct business.
CHANGES TO THESE TERMS
If you have any questions about these Terms, please contact us: Admin@messgen.com