This Service agreement ("Agreement") regulates the terms and conditions of using Messente messaging platform ("Service”) and is entered into by You ("User") and Messente Communications OÜ ("Service Provider") located at Akadeemia 3, 51003 Tartu, Estonia (hereinafter jointly referred to as Parties).
By entering the Agreement the User states being at least 18 years of age and having adequate legal capacity to enter into the Agreement. The User will use the Service only for lawful purposes, in accordance to the Agreement and the instructions provided on the Messente’s website http://www.messente.com (hereinafter jointly referred to as "Website").
In order to use the Service the Service Provider may ask for some information from the User (company name, contact information etc.). The User states that all the information provided to the Service Provider is current complete and accurate to the best of the User’s knowledge.
For fraud prevention, anti-spam and scam avoidance purposes Messente may ask all users to provide additional information to ensure the validity of the person or company looking to use The Service. This may include, but is not limited to: copies of registration documents or registry out-takes, personal references from know associates, photo ID copies, bank guarantees etc. The data will be handled according to the Data Handling Policy of Messente.
Additionally, Messente may ask all users to provide their phone numbers for the purposes of user verification. In such cases, Messente will use the phone number provided by the users for user verification purposes only. This includes sending an SMS message (or any mobile short message) containing a PIN code or a one-time password/OTP as a part of a user verification process.
The Service Provider reserves the right to suspend or stop any Users from using the Service in case the information provided by the User has not been current, complete and accurate.
The Service Provider retains the right to delete any account and the accompanying data, that has not been logged into or that has not been used in any way for more than 12 months. The User will be notified via the account dashboard and via the email address provided under the account information 30 days prior to account deletion.
In case the information provided to the Service Provider by the User should change the User is obliged to immediately notify the Service Provider.
The User does not circumvent or attempt to circumvent the user authentication
systems used by the Service Provider.
The User is entirely responsible for all payments and activities which occur while or as a result of using the Service.
The User is liable for any damages, losses or costs that the Service Provider or any third party sustains as a result of the User using the Service.
The User is also liable for any
damages, losses or costs that the Service Provider or any third party sustains as a result of a third party using the
Service with the User’s password, account name or account information. Therefore the User is responsible for
maintaining the confidentiality of passwords and any information regarding the Service or the Users personal
The User is to immediately notify the Service Provider (firstname.lastname@example.org) of any unauthorized use of the User’s password or account of which the User is aware of.
The User acknowledges that all messages sent using the Service are transmitted in an unencrypted format.
Under any circumstances the User shall not transmit any messages using the Service which:
(a) are unsolicited. That is sending messages to recipients who have not explicitly requested to receive messages from the User.
(b) contain content deemed illegal by the laws of Estonia and/or the laws of the recipient’s country.
(c) are unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic, abusive, misleading, threatening or otherwise intend to cause distress, annoyance, inconvenience, worry or upset to the recipient.
(d) contain copyright trademarks or other intellectual property without the written permission of the holder of these rights.
(e) may bring the Service Providers name into disrepute.
The customer agrees that sending P2P messages via the services of Messente is not allowed. Any fines or actions brought up against such use of service is the sole responsibility of the Customer sending such messages.
The User is to immediately notify the Service Provider of any such prohibited messages has sent using the Service.
As a result of prohibited messages being transmitted using the Service, the Service Provider may at its discretion temporarily suspend the account which has been used to send such messages until the matter is resolved to the satisfaction of the Service Provider. In extreme cases, the Service Provider can also terminate such account and the Agreement with the User related to the account.
In the instance of any fines being levied against the Service Provider as a result of prohibited messages having been sent using the Service, the User responsible for sending such messages or owning the account used to send such messages is held liable to pay each fine in its entirety.
The User is to pay the Service Provider at the applicable rate (without limitation) for charges for all of the submitted messages, applied service fees and any applicable Value Added Tax.
New accounts will be provided with test credits. If an account has for some reason not received the credits, the User may ask to receive the test credits.
The test credits will expire in 3 months, after which the credits or the remaining credits will be removed from the account. If the account created has not provided full and correct details, the Service Provider reserves itself the right to remove the test credit from the account. All credits expire after account deletion by the User or by the Service Provider due to account inactivity. In the latter case the Service Provider retains the right to obtain the credits if they are not claimed or used beforehand.
All charges are payable in advance - the User cannot use the Service until all due payments have been received by the Service Provider. Payments for using the Service can be made by bank transfer or by using a credit card. Other payment methods may be accepted at the sole discretion of the Service Provider.
Credit card information is not visible to nor accessible by the Service Provider. In the case of credit card payments the User will be directed to a secure environment provided by the credit card payment operator.
Credit card payments can only be cancelled via application to the bank which has issued the credit card. The application must, in this case, include the reason for cancelling the payment.
The Service Provider retains the right to change the payment conditions of the User.
The Service Provider makes no guarantees regarding the performance of the Service’s systems and those of the mobile operators, nor takes liability for the misuse and subsequent damages related to the misuse of the service and platform.
This Agreement may be terminated with or without cause at any time by sending a written notice to the Service Provider (email@example.com). The Service Provider may investigate any activity that may violate this Agreement and may at any time in its sole discretion terminate this Agreement.
All of the terms in the Agreement and on the Website including the pricing are subject to change by the Service Provider at any time without prior notification.
Any such changes become effective immediately after being published by the Service Provider on the Website. For being informed of all such changes revising the Website and the Agreement regularly is strongly recommended.
By continuing to use the Services after the terms in the Agreement or on the Website have been published the User automatically agrees to being bound by such changed terms and pricing.
This Agreement is governed by the laws and courts of Estonia, with all dispute resolution conducted in Estonia, in Tartu County Court, in accordance with the applicable laws. The User agrees that the English language version of the Agreement will govern the relationship between the User and the Service Provider. All translations from the English language Agreement to some other language are provided for convenience. In case of any contradictions between the English language version of the Agreement and any translations the English language version shall take precedence.
Parties shall not be responsible for total or partial default on their obligations hereunder where this occurs due to the impact of force majeure circumstances. The Parties shall construe force majeure circumstances as circumstances which a Party could not foresee at the time of concluding the contract and could not prevent or remove with any means whatsoever. Such circumstances shall be: natural calamities, strikes, fires, war, lawful or unlawful decisions of public authorities, etc.