1. GENERAL OBLIGATIONS OF DIGITIZE BIRD
   1. Provision of Service: The provision of service by Digitize Bird is contingent upon compliance with all relevant licenses, infrastructure requirements, and agreements.
   2. Careful Operation: Digitize Bird shall exercise due care as a provider of electronic telecommunication services. In cases where service provision is not exclusively reliant on Digitize Bird, diligent efforts will be made to ensure optimal service for all customers.
2. CUSTOMER OBLIGATIONS
   1. Prohibited Uses: The customer will not to use, and will ensure that no one else uses the service:
      1. To store, reproduce, transmit, or communicate unsolicited content (Spam) or inappropriate content, including but not limited to pornographic, hateful, drug-related, offensive, immoral, aggressive, libelous, or threatening material.
      2. For criminal or fraudulent purposes in violation of existing legal provisions.
      3. To cause nuisance, disturbance, or discomfort to any person.
      4. To violate any law, regulation, or code of practice of Digitize Bird or the acceptable use terms of partner providers.
      5. To violate any confidentiality agreement, abuse Intellectual Property Rights, or any other right of a third party.
      6. In contradiction to the guidelines provided by Digitize Bird.
      7. To broadcast any electronic material (including viruses) through the service that may cause damage to the computer systems of Digitize Bird or end-users.
   2. Information Provision: The customer will provide Digitize Bird with necessary information for service provision and grants permission for the use of this information, including sharing with third-party partners acting on behalf of Digitize Bird.
   3. Traffic Information: Before service commencement, the customer will notify Digitize Bird in writing of the general content of its traffic and provide requested information.
   4. Quality and Content Assurance: The customer ensures that the traffic and its content are of sufficient quality and promote its business without adversely affecting the reputation of Digitize Bird or any partner. Digitize Bird reserves the right to review and suggest changes to ensure compliance.
   5. Notification of Traffic Increase: The customer must notify Digitize Bird at least 24 hours in advance of any imminent significant increase in SMS traffic. Additionally, written notice must be provided at least 4 weeks in advance of TV or other advertisements that may lead to increased traffic.
   6. Compliance with Network Policies: The service connects with global mobile phone networks, and the customer agrees to comply with the acceptable use policies of these networks. If creating a contact database, the customer must notify users and ensure compliance with data protection laws.
   7. Reporting Faults: The customer must promptly and in writing notify Digitize Bird support department of any faults or problems. Charges may apply for support services related to faults caused by the customer or outside Digitize Birds’ responsibility.
   8. Respect for Platform Features: The customer must respect the functions and features of Digitize Birds’ platform as provided and refrain from attempting to alter them in any way.
3. CONTENT RESTRICTIONS AND UNSOLICITED TRAFFIC POLICY:
   1. The Customer undertakes the responsibility for the traceability of Short Message Service (SMS) transmitted through the service, whether on its own behalf or on behalf of the recipients. The Customer acknowledges that Digitize Bird is bound by the regulations of the respective national regulatory authorities, which mandate the disclosure of data pertaining to sources of offensive or similar SMS. The Customer commits to fully indemnify Digitize Bird in the event of any failure to ensure compliance with the aforementioned obligations.
   2. The Customer guarantees that the content of the messages will not have any legal consequences and agrees to comply with occasional relevant updates provided by Digitize Bird.
   3. The service shall not be utilized for sending SMS that violates, breaches, or infringes upon the rights of third parties, or messages that are offensive, aggressive, immoral, abusive, obscene, or illegal in any other manner. The service may not be used for sending unsolicited SMS for commercial or non-commercial purposes. The Customer shall be solely liable for any costs, expenses, or surcharges incurred by Digitize Bird as a result of the violation of these regulations and terms.
   4. The Customer is obligated to ensure that advertising SMS sent through the service provided by Digitize Bird is solely for advertising-informational purposes. In the event of a breach of the terms outlined herein, Digitize Bird reserves the right to suspend or terminate the provided service to the Customer.
   5. The Customer acknowledges Digitize Birds’ obligation to comply with the regulations of the respective national regulatory authorities. Therefore, if the Customer intends to send a campaign without providing an opt-in list and Digitize Bird discovers harassing, offensive, aggressive, immoral, abusive, or illegal content, Digitize Bird reserves the right to block the Customer’s account and cease the campaign without a refund.
4. INDEMNIFICATION OBLIGATION
   1. The Customer is solely responsible for restoring any damage or loss suffered by Digitize Bird, including third-party claims against it, resulting from their non-compliance or the non-compliance of any other third party associated with them, with the obligations expressly undertaken under this agreement, specifically those outlined in Articles 1, 2, and 3.
   2. In the event that the Customer instructs Digitize Bird to change or amend the “identification” (ID) to enhance the success of delivering messages, the Customer is responsible for restoring any loss or damage suffered by Digitize Bird due to this amendment, including third-party claims against it, along with costs and expenses.
5. PAYMENTS, INVOICING, DISPUTES, AND MONEY REFUNDS
   1. Payment Terms: If a specific credit limit is acknowledged to the Customer, as explicitly indicated in the Service Order Form, an invoice will be issued for the agreed services, and payment must be made within 7 days from the date of issue.
   2. Payment should be made according to the terms and information provided in the service order form.
   3. The Customer must pay the invoices in the currency specified in the service order form, unless determined otherwise herein. Failure to complete payment by the due date allows Digitize Bird to charge statutory default interest on the non-disputed amounts from the due date until the actual payment date.
   4. Digitize Bird reserves the right to alter its charges with immediate effect, notifying the Customer at the earliest opportunity. In such an event, the Customer may terminate this agreement by providing written notice to Digitize Bird within 7 days of being notified of the alteration. The ability to increase charges is limited to instances of a) an increase in the connection cost with partner networks, b) loss of network coverage, or c) the Customer’s failure to meet minimum obligations regarding the quantities of ordered services.
      
      1. Online system notifications are considered the method of notification for alterations in charges, as email may not be suitable due to potential content blocking.
   5. The Customer must pay all charges as per the agreed invoicing system of Digitize Bird. The Customer must notify Digitize Bird in writing within 14 working days of delivery of an invoice if there is a dispute over the total or part of it. The contracting parties must seek a compromising dispute resolution within one month from the date of the customer’s written complaint.
      
      1. In any event, if the disputed amount is less than seven percent (7%) of the total amount of charges, the Customer must pay the invoiced amount in full.
      2. All funds are valid for a 12-month period, and no claim of unused funds will be entertained by Digitize Bird.
      3.  Digitize Bird is not obligated to proceed to any compromising resolution if the customer’s written notification is not received within fourteen (14) days of the disputed invoice’s issue date. If the Customer does not pay the full amount of the disputed invoice, Digitize Bird reserves the right to discontinue the provision of services until the dispute is resolved.
      4. The Customer must pay the non-disputed part of the invoice irrespective of the compromise resolution procedure.
      5. The Customer acknowledges that they cannot remove or cash out funds from Digitize Birds’ platform under any circumstances.
6. VIOLATION OF TERMS AND DISCONTINUANCE OF SERVICE
   1. Digitize Bird, at its discretion and with relevant written notification to the customer, may discontinue or alter the Service without being held responsible for indemnification to the customer in the following events:
      
      1. To comply with a prescription or instruction given by the competent Authorities, to prevent a violation of the license by the respective national regulatory authority or the competent government. body from time to time.
      2. When the customer violates the terms herein.
      3. To alter the technical specifications of the service, to comply with any relevant law or regulation or direction by any competent authority.
      4. To repair, maintain, or improve the service.
   2. During any such service interruption, Digitise Bird will make every effort to keep the disruption as short as possible.
   3. The customer undertakes the obligation to fully cover any loss incurred by Digitize Bird from any cost that will arise as a result of the discontinuance of service, as well as reactivation or alteration of service when the discontinuance or alteration of service resulted from actions or omissions of the customer.
   4. Digitize Bird reserves the right to alter the security measures it maintains with regards to the provided service at any time and is obligated to notify the customer respectively to the alterations as soon as practicable.
7. TERMINATION OF AGREEMENT
   1. Each contracting party may terminate immediately the agreement herein by sending to the other party written notification in any event in which the other party violates its obligations pursuant to herein.
   2. In case of a violation concerning non-abidance to the terms of payment herein, Digitize Bird reserves the right to request from the customer to comply with their respective obligations within 7 days from the delivery of the written notification. Non-compliance by the customer results in the termination herein. For the violation of any other term herein, each contracting party reserves the right to request from the other party, within one month from the delivery of written notification, to comply with the violated obligation. If the contracting party does not comply with its respective obligations, then the complainant party reserves the right to notify a new written notification of termination of the agreement, the results of which take effect from the delivery of the respective notification.
   3. Each contracting party reserves the right to proceed to immediate termination herein, upon notifying by respective written notification, inasmuch as the other contracting party declares bankruptcy or is put under forced administration or liquidation, or enforcement is initiated against its property by any third party.
   4. Digitize Bird reserves the right to terminate the agreement herein immediately and without any penalty by relevant prior written notification, inasmuch as the customer does not comply with the credit policy of Digitize Bird, or the cooperation agreement of Digitize Bird with the SMS provider is discontinued.
   5. Digitize Bird reserves the right to terminate the agreement herein immediately and without any penalty by prior written notification, on any of the grounds described in term 6 herein.
   6. Any termination or end of term herein on any grounds, including the lapse of its term, does not affect in any way the existing rights of any contracting party, which exist at the time of termination or end of term herein. All the terms herein, which concern the time period prior to its termination or end of term, remain also valid after it.
8. CONFIDENTIALITY
   1. Both contracting parties acknowledge that any information related to the organization, operation, and activity of each party, indicatively and without restriction referring to the commercial transactions, clientele, minutes of sales, procedures, and technical data contained in the appendices herein (hereinafter referred to as “Confidential Information”) are property of the notifying contracting party. Permission is granted to the other party to use them solely for the operational purposes herein, and confidentiality should be reserved by the contracting – receiving party in all events. Furthermore, all the terms herein are agreed upon to be confidential information. The contracting parties undertake the obligation for the time period of two years, upon in any way termination or end of term herein, not to:
      1. Disclose, publish or disseminate confidential information.
      2. Use confidential information on their behalf.
      3. Notwithstanding the above restriction, the use, and disclosure by the contracting party – receiver of the information are not subject to the above restrictions, inasmuch as the specific contracting party proves that the information topic:
         1. Was already disclosed to the receiver by a third party, which does not lie under the obligation of confidentiality towards the disclosing party.
         2. Is already known or becomes known publicly without liability of the receiver, its employees, officers, managers or agents.
         3. Is developed independently of the receiver without reference to any confidential information disclosed by the agreement herein.
         4. Is approved for publication (and only to the extent to which it is approved) by the disclosing party.
         5. Is disclosed, pursuant to legal requirement by a court or a government body, partnership, joint business venture, or other similar relationship between the persons who are competent to request the disclosure of such confidential information.
9. INTELLECTUAL PROPERTY RIGHTS (I.P.R.): All intellectual property rights pertaining to the herein agreement and related to Digitize Bird remain under its ownership. The customer acknowledges that they do not retain any right or license regarding these rights of Digitize Bird unless expressly provided for otherwise herein. This provision remains in effect even after any termination or expiration of the terms hereof.
10. NOTIFICATIONS AND LANGUAGE
    1. Any notification, request, consent, and other communication forwarded pursuant to the agreement herein (hereinafter “notification”) will be drafted in the Greek language and will be deemed valid and in force as long as it has been properly notified, with proof, to the other contracting party at the address and other contact details as indicated in its Service Order Form hereof.
    2. A notification will be deemed delivered:
       1. In the event of personal delivery: At the time of delivery.
       2. In the event of prepaid registered mail: at the latest two (2) days from the posting date.
       3. In the event of facsimile and email: On the day that the facsimile or electronic message was sent, provided that its receipt has been confirmed by the other contracting party.
11. FORCE MAJEURE
    1. Neither of the contracting parties will be held responsible for any delay in meeting their obligations pursuant to the agreement herein, inasmuch as these delays are not due to circumstances not controlled by the party itself and constitute force majeure. Indicatively mentioned are: insurrection or social unrest, military operations, national or local emergencies, actions or omissions of government or other competent authorities, actions or omissions of telephone companies or telecommunication network providers, fire, flooding, lightning, or other weather or extraordinary events, land subsidence, or explosion. This exemption does not apply to meeting the financial terms hereof.
    2. In the event of any such occurrence, the contracting party failing to meet its obligations should notify the other party promptly and in writing of the occurrence as well as of its failure, making every effort to overcome the problem at the soonest possible time. If the consequences of the above occurrence persist for a period greater than thirty days, the contracting parties should jointly examine the future of the cooperation herein.
    3. Inasmuch as no solution arises, then each contracting party reserves the right to terminate the agreement herein by notifying the other contracting party in writing.
12. TERMINATION
    1. The term herein is agreed upon to commence from the day that the customer is registered in the Platform of Digitize Bird and has an indefinite duration.
    2. Any party can terminate the agreement as described in Article 7.
    3. Upon the end of the term hereof and non-renewal or extension, the Customer should, within a deadline of 15 days from its end of term, pay in full the total of outstanding invoices issued for the provision of services concerning the agreement herein.
    4. In the event that, at the time of the end of the term hereof, a remaining volume of credited messages exists in the customer’s account due to the lapse of its validity period, the customer reserves the right to request either the cancellation of the credited messages or to use them after the end of the term of the agreement herein and be invoiced for them when they are used, pursuant to the terms hereof.
13. GENERAL
    1. The agreement herein was drawn up and signed in two (2) identical copies, each signed by both contracting parties, with each party receiving one copy.
    2. The agreement herein contains all the agreements concerning this cooperation of the contracting parties and supersedes any other agreement or conciliation between the contracting parties that have taken place until the signing of the agreement herein. The invalidity of any term does not affect the validity of the remaining terms hereof, which remain valid and in force as if the invalid term did not exist.
    3. It is expressly agreed that the agreement hereby does not generate any relationship of instruction, dependent employment, representation, or partnership between the contracting parties.
    4. It is expressly agreed that it is prohibited to assign rights and obligations arising herein to any third party without the consent of the other contracting party.
    5. Digitize Bird has the right to update certain parts of this agreement at its own discretion. These updates may involve changes to how Digitize Bird works with its network providers.
14. REFUND POLICY
    1. Digitize Bird is not obliged to refund any “Used” prepaid balance or credits. However, we may decide, in our sole discretion, if we are able to provide you with our Services. We may change the eligibility criteria for the use of our Services at any time, in our sole discretion. Only if we decide not to provide you with our Services will we refund any “Unused” prepaid credits or balance.
    2. Digitize Bird debits transmitted SMS messages according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, except if Digitize Bird’s investigations have produced evidence of a technical problem or error. As Digitize Bird cannot guarantee the delivery of SMS messages to the recipients due to possible errors on the part of Mobile Network Providers, Digitize Bird will not refund undeliverable SMS messages.
    3. If we find out that there is harassing, offensive, aggressive, immoral, abusive, phishing, or illegal content in customer’s SMS, then Digitize Bird reserves the right to block the customer’s account and stop the campaign without refunding the unused credits.
    4. The customer may terminate the Agreement at any time by contacting us. Correspondence must include your first name, last name, and Digitize Bird’s username. No refunds will be issued if you terminate this agreement.
    5. Digitize Bird may terminate this Agreement or the Services at any time with or without cause and with or without notice. Digitize Bird shall have no liability to you or any third party because of such termination. If Digitize Bird terminates this agreement because you violated any terms, no refund will be issued. If the agreement is terminated for any reason, Digitize Bird will not have any obligation to refund pre-paid balance or credits.

GENERAL DATA PROTECTION REGULATION (G.D.P.R.)

Digitize Bird, a provider of Communications as a Service (CPaaS), processes substantial amounts of personal data to deliver its services. We prioritize the protection of your personal data and that of your end users, continually updating our privacy policy. This revision focuses on data stored and processed by us, aligning with the imminent enforcement date of the General Data Protection Regulation (GDPR).

GETTING STARTED

Digitize Bird manages two categories of data: your personal data and your end users’ personal data. Your personal data pertains to information directly related to your account and processed by us. End users’ personal data includes data passing through your application integrated with the Digitize Bird platform via API, processed indirectly by us.

YOUR PERSONAL DATA

WHAT WE STORE

We collect various information provided by you, including but not limited to email, name, company name, phone number, and your role in the company. Additionally, data collected indirectly through our cookies, billing information, IP addresses (yours and your servers’), and your app’s API calls are stored. Information shared with our Sales or Support team is also retained; therefore, exercise caution in sharing unnecessary details.

WHEN WE STORE IT

Your personal data is collected when you visit our website, subscribe to newsletters, register for events, fill out forms, contact team members (sales or otherwise), register, log in to our web platform, or make API calls with your app. Additionally, publicly shared information on platforms like LinkedIn may be collected during customer research.

FOR HOW LONG WE STORE IT

Your account data is retained for 7 years after deletion, and data from your interactions with our Support team is kept for up to 3 years. You can request the deletion of your personal information, provided it does not hinder our ability to provide services to you.

YOUR END USERS’ DATA

Your end users’ information may reside on our servers in various instances, such as when you use our platform to contact them. Any interactions your end users or you have with us may include storage of their personal information, which is not shared or sold for marketing purposes.

DATA SHARED

We do not share or sell your personal or end users’ information for marketing purposes without your explicit consent. However, in specific cases, data sharing is necessary, such as with Network Operators, OTTs like Viber, partners/affiliates, or branches of Digitize Bird. Compliance with laws and regulations may also require sharing data with authorities in cases of illegal content, death threats, harmful content, and emergencies. Note: Digitize Bird operates globally, and data may be transferred between entities, adhering to our “no share/no sell” privacy policy on personal data.