Moreify Terms of Service (“ToS”)

1 General

MOREIFY provides services described in the following agreement. By registering to our services you agree to these terms of service.

2 Services

2.1 General

An active MOREIFY registration grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable right and license during the term to access and use our services. You may write software products to access our services. Even tough we try not to, please be informed that our Application Programming Interfaces are subject to change and might be adapted from time to time. We will inform you within 30 days in advance if necessary.

2.2 SMS

Access to send SMS via our API according to our documentation and our price table.

2.3 Call Verification

Access to make voice call verifications via our API according to our documentation and our price table.

3 Payment

3.1 Prices

The prices of MOREIFY’s products are visible on our website. We may change the prices from time to time; the continuing usage of our service will be counted as your approval. An according notification will be issued 7 days in advance via email. All charges and fees for the services are exclusive of any taxes. With a successful payment you don’t acquire the right for several services subject to the certain actual price but only a credit deposit.

3.2 Mode of Payment

Usage of MOREIFY’s service is possible through advance payment and purchase on account for selected customers. Once purchased credits cannot be refunded.

4 Client Obligations

4.1

It’s the client’s obligation to provide proper hardware and software setups to access our Application Programming Interfaces on his own expense.

4.2

MOREIFY’s role in execution of the contracts subject to this agreement is a passive one. MOREIFY’s has no control or insight over the content you transfer through our infrastructure.

You will not use our services for any illegal, immoral or improper purpose. We reserve the right to monitor your use of our services for any reason or no reason, to insure your compliance with our guidelines. We might ask you for documentation of proper use (ie if you obtained all required consents, authorizations and approvals relation to your use of the service), and reserve the right to cancel your subscription if you don’t follow our demand.

4.3

You will inform us immediately if you have any reason to believe that there is likely to be an unauthorized use of our service.

4.4

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.

4.5

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 Indemnification

5.1

MOREIFY may temporarily suspend the services for maintenance labors. MOREIFY will endeavor to give you five working days prior written notice of such suspension, when possible.

5.2

MOREIFY will provide you with services that meet reasonable commercial standards. MOREIFY CAN NOT WARRANT THAT THE PROVIDED SERVICES WILL BE FAULT-FREE, THAT THE SERVICES WILL BE AVAILABLE CONTINOUSLY OR THAT ALL MOBILE OPERATORS WILL BE REACHABLE AT ALL TIMES. MOREIFY WILL NOT COVER ANY OCCURING DAMAGE BEING TRIGGERD BY SUCH EVENTS TO THE VALID LEGAL EXTENT. OUR TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT WILL BE LIMITED TO € 5.000,- AND YOU RELEASE US FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION OF LIABILITY.

6 Termination

6.1

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.

6.2

You may terminate this agreement for any reason or no reason at all.

6.3

We may suspend or terminate your account for any reason or for no reason, at our discretion at any time by providing you 30 days advance notice. In case we close your account for any reason not related to your sphere, we will refund you with any left credits.

6.4

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 or we have reason to believe that you have violated 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; or (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. Immediately and 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.

6.5

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

7 Notices

Notices that we provide to you under this agreement (e.g., notices of breach and/or suspension) will be provided via a notification message displayed on your account page or in email to the email address you provide us in your registration for the services or through periodic updates you make to your account profile. It is your responsibility to keep your email address current, and you will be deemed to have received any email sent to the last known email address we have on record for you. Notices we send you will be deemed effective upon our sending of the email, whether or not you actually receive the email.

8 General

8.1

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 ("safeguarding clause").

8.2

In case of a dispute, you shall make every effort to resolve it without the involvement of a court. There are no oral side agreements to the contract. All changes to the Contract are made in writing. This contract and any disputes are subject to Austrian law (Austrian domestic law under exclusion of the referral norms and UN commercial law). Disputes shall be placed at an Austrian court.

9. Cookies and Google Analytics

9.1

So-called Cookies are text files which are stored on your computer's harddrive and which allow an analysis of your use of the Website. The Website can store important data through the use of such Cookies. Thus, the use of the Website is getting more comfortable. As most of the websites, MOREIFY uses Cookies for a variety of purposes, to improve your online use.

9.2

If you have made the appropriate settings on your browser, which prevent the use of Cookies, we only collect anonymous data e.g. determine the total number of visitors to our Website. You can find details on how to configure your browser for Microsoft Internet Explorer here, for Mozilla Firefox here and for Google Chrome here.

9.3

If you allow the use of Cookies in your browser settings, this Website uses Google Analytics, a web analysis service of Google Inc ("Google"). The information generated by the Cookie about your use of this Website (including your IP address) is transferred to a server by Google in the USA and stored there.

9.4

Google will use this information to evaluate your use of the Website in order to render reports on the Website activities for the Website operators and to perform services connected to the use of the Website and the Internet. If necessary Google will transfer this information to third parties, provided that this is legally prescribed or as far as third parties process these data on behalf of Google. However, in no event Google will associate your IP address with other data stored by Google.

9.5

Unless you have not prohibited the use of Cookies in your browser settings, MOREIFY further uses temporary cookies to provide a more comfortable use of the Website. These cookies enable to adapt the language settings and user settings for sorting the links to your personal needs. These cookies are only valid during your visit on the Website; when you leave, they will be deleted automatically.

9.6

By modifying the settings of your browser, you are free to prevent installation of these or certain cookies. Please note that in such a case, the Website or individual services of the Website may be not or only partially available to you for technical reasons.