Moreify Terms of Service (“ToS”)
MOREIFY forms part of IXOLIT GmbH, an Austrian limited liability company with its principal place of business in 1060 Vienna, Mariahilfer Straße 77-79, registered at the Commercial Court of Vienna under Reg.Nr. 213107v ("MOREIFY", "we").
MOREIFY provides services to its registered users ("Client", "you") as set forth in the following Terms of Service ("ToS"). We only offer our services for entrepreneurs; consumers as defined in § 1 par 1 (2) Austrian Consumer Protection Law (KSchG) are excluded.
By submitting the registration form available on www.moreify.com ("our Website") you accept the ToS and confirm to act as entrepreneur pursuant to §§ 1-3 Austrian Commercial Code (UGB).
An active MOREIFY registration grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable right and license during the contract term to access and use our services. You may write software products to access our services.
Our Application Programming Interfaces ("API") are subject to change and might be adapted from time to time. If necessary, we will inform you within 30 days in advance of such adaptions.
We may temporarily suspend the services for maintenance labours and will endeavour to give you five working days prior written notice of such suspension, when possible.
After registering, Client can decide whether to use the Service through the Moreify-API interface or the web interface. Inter alia, Client can manage consumer contact information and organize it into groups to deliver text messages or trigger call verifications. The following products, as described in further detail under https://www.moreify.com/products are available:
Access to send SMS via our API according to our documentation and our price table as published on our Website. For more information, see https://www.moreify.com/products/two-factor-authentication-sms .
2.3 Call Verification
Access to make voice call verifications via our API according to our documentation and our price table. For more information, see https://www.moreify.com/products/two-factor-authentication-voice .
2.4 One Time Password
Access to send one-time passwords per SMS for secure and fast user verification via our API according to our documentation and our price table. For more information, see https://www.moreify.com/products/one-time-password .
2.5 Premium Bulk SMS
Access to send bulk SMS via our web interface platform or API solution according to our documentation and our price table as published on our Website. For more information, see https://www.moreify.com/products/premium-sms-web .
The applicable prices of MOREIFY’s products are visible on our Website. We are entitled to change the prices from time to time. An according notification will be issued 7 days in advance via email. Changes are not retroactive and, thus, apply as of the effective date specified in the notification or as of the first invoicing period following the notification. We deem you accept such changes by your ongoing use of our service after receipt of the notification.
All charges and fees for the services are exclusive of any taxes. With a successful payment you do not acquire the right for several services subject to the currently applicable price but only for an available credit balance for the future use of the services.
3.2 Mode of Payment
Usage of MOREIFY’s service is possible through advance payment; purchase on account is available for selected Clients. Charges and fees occur through deduction from the available credit balance only through Client's actual use of the services, e.g. only when messages are sent.
4 Client Obligations
The Client is responsible for having implemented proper hardware and software setups to access our Application Programming Interfaces on its own expense.
MOREIFY’s has no control or insight over the content you transfer through our infrastructure. It is forbidden to use our services for any illegal, immoral or improper purpose.
MOREIFY can request you to provide documentation of your lawful use (ie if you obtained all required consents, authorisations and approvals relating to your use of the service) and reserves the right for extraordinary termination of the contract in case of your non-compliance.
You must, at your own cost, notify us immediately in writing if you become aware of any actual, suspected or likely unauthorised use of our service or any other breach of these Terms of Service in your sphere of responsibility.
You will be solely liable for the accuracy, completeness and appropriateness of the content transmitted by you or anyone else using the services on your behalf.
User explicitly agrees to not pose as a brand, company, entity or identity he is not allowed to represent nor has the rights to represent.
5 Exclusion of warranties and liabilities
MOREIFY exclusively warrants that it has the authority to grant the license under Section 2.1 and that neither this license nor the performance under these ToS is in conflict with any other agreement or obligation to which MOREIFY is a party or by which it is bound. MOREIFY will provide you with services that meet reasonable commercial standards. Other than that, MOREIFY provides the services "as is". Any statutory warranties are excluded under these ToS for any service provided by MOREIFY. In particular, MOREIFY does not warrant uninterrupted or error-free operation of its services.
MOREIFY shall be liable for damages caused by gross negligence or intent, only. All liability for the validity and the lawful use of the services remains with Client. MOREIFY is not responsible for any data entry errors, user misrepresentations, or reporting errors resulting from Client’s actions.
Our entire liability for all claims related to the respective service under these ToS is limited, in the aggregate, to the lesser of the amount of (i) any actual direct damages incurred by Client up to 100% of the amounts paid (for recurring charges, last 6 months' charges apply) or (ii) EUR 5,000.
In no event shall MOREIFY be liable under these ToS or otherwise for any punitive, exemplary, special, incidental or consequential damages, including, without limitation, any loss or injury to earnings, profits or goodwill.
This agreement will remain in effect until terminated by you or us in accordance with this section. It will become effective by registering for our services.
We may suspend or terminate your account at our discretion at any time by providing you 30 days advance notice. In case we close your account, we will refund you with any left credits via your payment method last chosen for charging/advance payment.
We may suspend your right to use the services or terminate this agreement in its entirety (and, accordingly, your right to use the service), for cause effective as set forth below: Immediately upon our written notice to you if (i) you violate any provision of this agreement, (ii) there is an unusual spike or increase in your use of the services for which there is reason to believe such traffic or use is fraudulent or negatively impacting the operating capability of the service; (iii) we determine, in our sole discretion, that our provision of any of the services to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; (iv) subject to applicable law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets, failure to continue your business, assignment for the benefit of creditors, or if you become the subject of a voluntary or involuntary bankruptcy or similar proceeding; or (v) without notice, if you are in default of any payment obligation with respect to any of the services or if any payment mechanism you have provided to us is invalid or charges are refused for such payment mechanism.
Upon termination of this agreement for any reason you remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to the services.
Notices that we provide to you under these ToS (e.g., notices of breach and/or suspension) will be provided via a notification message displayed on your account page or via email to the email address as last provided by you. It is your responsibility to keep your email address current, and you will be deemed to have received any email sent to the last email address notified to us.
8 Data protection
The respective Data Processing Terms (available here) and the DPA Appendix provided in the registration form jointly form the Data Processing Agreement under Art 28 GDPR ("DPA"). The DPA applies and supplements these ToS, if and to the extent we process personal data on your behalf within the scope of the European General Data Protection Regulation (EU/2016/679, GDPR).
9 Governing Law and Jurisdiction, Miscellaneous
This contract is subject to Austrian law under exclusion of its conflict of laws provisions and of the United Nations Convention on Contracts for the International Sale of Goods. Exclusive jurisdiction: All disputes, including disputes relating to the validity of the contract and its parts, shall be exclusively settled by the competent court for 1010 Vienna, Austria.
Insofar as parts or individual formulations of this text are not, no longer or not wholly in conformance with the prevailing legal situation, this shall have no bearing upon the contents and validity of the remaining parts of the document ("severability clause").
Modifications of and supplements to these Terms of Service require written form; the same shall apply to a waiver of the written form requirement. Notifications sent via email, letter, or fax shall count as written declarations within the meaning of these ToS.
10 IXOLIT Group General Terms and Conditions
The General Terms and Conditions of IXOLIT Group ("GTC") from December 2018, available at https://www.ixolit.com/en/legal/general-terms-conditions , apply and supplement these ToS. In the event of conflict, the following order of precedence applies: 1. ToS, 2. DPA, 3. GTC.