I. User agreement, definitions
The application Subscribe BG (the “Application”), the subscribe.bg website (the “Website”), as well as the content incorporated therein, represent the intellectual property of ICS Technologies Ltd. (the “Provider”) and any person (the “Client”) who wishes to access them agrees to these General Terms and Conditions.
In interpreting and applying these General Terms and Conditions, the capitalized terms and expressions have the meaning according to the initial definition given to them in brackets.
II. Subject matter of the contract
- Through the Application and the Website, the Provider provides the Client, against payment, with a set of resources and services (the “Services”) which include:
1.1. Creation and personalization of client account through registration;
1.2. Managing mobile marketing campaigns, including opportunities to send mobile messages to end users;
1.3. Campaign analysis services or their results;
1.4. Other services that the Provider develops and enriches.
- Use of the Services through the Website and Application is possible only after prior registration, creation of Client profile, choice of Service or set of Services, choice of price plan and payment of the due price.
- The Client is obliged to secure the technical equipment and internet connectivity necessary for access to the Services. The Provider is not responsible for any interference or technical problems that thwart the use of the Services due to Client’s exploitation of technical equipment (hardware or software problem, Internet connectivity problem, etc. )
III. Scope, consent to the General Terms and Conditions
- These General Terms and Conditions apply in relations with Clients who have registered for the Services. These General Terms and Conditions apply accordingly in relations with persons who have not registered, provided that their rights are limited to the functionality of the Website for which registration is not required.
- The text of these General Terms and Conditions is available on the Internet at https://subscribe.bg/obshti-usloviya/ in a way that allows their storage and reproduction. By any use of the Services, including by visiting the Provider’s Website, as well as by activating electronic references from the home or any other page of the Website, the Client makes an electronic statement within the meaning of the Electronic Document and Electronic Certification Services Act (EDECSA), declaring that she/he is familiar with the General Terms and Conditions, agrees with them and undertakes to comply with them.
IV. Registration, Client account, individualization and payment
- In order to be able to use the Services, the Client must register in advance by:
1.1. filling in the electronic registration form provided by the Provider on the Website, available upon activation of the electronic “Registration” button or
1.2. activation of an electronic reference provided by the Provider to the Client’s phone number leading to the registration form at the Website;
1.3. completion of a form provided by the Provider on paper.
- Upon registration, the Client is obliged to provide complete and correct data about its identity, as well as the other data required in the electronic form of the Provider, respectively to update them within 7 (seven) days as from the occurrence of any change. The Client represents and warrants that the data she/he provides in the registration process is correct, complete and accurate and, if the latter change, will update them promptly and duly.
- The Client agrees not to provide false data, not to register under a fictional or another person’s identity, and to reflect the changes that have occurred in time. The Provider may refuse registration or terminate an existing registration, as well as terminate or suspend, temporarily or completely, without notice the provision of the Services to a Client for whom it has information or may make a reasonable assumption that she/he has indicated false or foreign data.
- Upon registration, the Client shall indicate the desired Client name, which she/he receives, as long as it is available and free. In addition to the Client name, the Client also provides a valid email address at which she/he receives an electronic reference to her/his account, as well as an automatically generated password from the Provider. With the Client name and password, the registered Client has access to her/his Client account, the opportunity to modify the data in it, as well as the opportunity to use the Services.
- The Client name is a unique alphabetical (Latin characters) or alphanumeric code through which the Client is individualized when using the Services. The Client undertakes not to choose a Client name that infringes third party rights and in particular the right to name or other personal rights, the right to a trade name (company), a trademark right or other intellectual property rights.
- Along with the Client’s name, for access to the Client’s Account the Client shall use the password, which is an alphanumeric code, and which the Client undertakes not to disclose to third parties. In case of loss or unauthorized access, as well as in case of probability of such, the Client is obliged to immediately notify the Provider. The Client is also obliged to take all care and take the necessary measures in order to protect her/his password and is fully responsible for all actions performed by her/him or a third party using the Client name and password.
- The Client account is a separate section located on the Website and contains information about the registered Client, which the latter has provided in the course of client registration and is stored by the Provider. The Client has the right and obligation to correct her/his personal and other data provided at the time of registration or subsequently.
- In the process of registration, the Client individualizes the terms of her/his contract with the Provider by selecting the period for which she/he wishes to use the Services by marking the field adjacent to them. The Client accepts that the Services are provided for a fee and, after choosing a Service or set of Services and a relevant price plan, agrees to pay the due price by using any of the payment methods offered by the Provider.
- Following the individualisation referred to in the preceding clause IV. 8 and
9.1. at the time of registration pursuant to clauses IV. 1. 1 and 1. 2 – by marking the box “I declare that I have read and agree to the General Terms and Conditions” in the process of registration and pressing the virtual button “Registration”, the Client makes an explicit electronic statement within the meaning of the EDECSA;
9.2. at the time of registration pursuant to clause IV. 1. 3 – by signing in the field “CLIENT”
The Client declares that she/he is familiar with her/his individual contract, the General Terms and Conditions, accepts them, agrees with them, and undertakes to comply with them when using the Website and the Services.
- The Client shall have access to the Services she/he has chosen only after the amount due has been received by the Provider, unless otherwise specified in an individual contract in accordance with clause IV.1.3. Thereby, the process of registering it is complete.
- The Client requests in her/his Client account or by email when she/he wishes to use an additional Service or to assign additional work to the Provider. The Provider accepts or refuses this by message to the Client in the Client account or by email. Upon receipt of a message that the request for an additional Service or additional work has been accepted, the individual contract under clause IV.8. is deemed amended accordingly.
V. Conclusion, duration and termination of the contract
- The contract between the Provider and the Client shall take effect between the parties from the moment of (a) use of any of the Services by the Client or (b) reaching an agreement materialized in the manner specified in clauses IV.8, 9 and 10, whichever occurs earlier.
- The contract shall have effect for the period from registration of the Client until its termination in accordance with the procedure laid down in these General Terms and Conditions.
- Except as provided for in clauses IV.3., the contract shall be terminated:
3.1. upon expiry of the period for which the Client has paid to use the Services and the Provider has not received a new payment;
3.2 in case of early termination:
a) at Client’s own discretion, including after unilateral modification of the amount of remuneration due by the Provider in accordance with clause VI.1, in which case the Client shall not be reimbursed any part of the amounts already paid for the use of the Services;
b) by the Provider – in case of actions of the Client that contradict Bulgarian legislation, applicable foreign laws, these General Terms and Conditions, internet ethics, the rules of morality and good manners.
- The contract between the parties is considered automatically terminated from the date of termination of the Client’s registration, and the Provider suspends the access of the respective Client to the Client account and has the right to delete all content located by the Client in her/his account from the Website.
- The Provider sends the Client an invoice for all amounts due at the termination date, if any. The Client undertakes to make a payment within 5 (five) working days from the date of sending of the invoice.
VI. Changes to the Terms and Conditions
- The Client agrees to visit the Website periodically on which the General Terms and Conditions are located in order to familiarize herself/himself with their current and valid version.
VII. Rights and obligations of the Client
- The Client herself/himself provides the necessary computer or other communication devices and internet connectivity required for the use of the Services.
- The Client has the right to access the Services subject to the General Terms and Conditions. In order to be able to use the Services, the Client must enter the respective Client name and password in the relevant form of the Website.
- The Client has the right to store on the Website of the Provider the Client’s content in the form of databases, lists, statistics and analysis, or as part of the information it enters into its Client Account, subject to the requirements of these General Terms and Conditions.
- The Client undertakes not to upload, not to have on the Website and not to distribute or make available in any way to third parties information, data, text, sound, files, software, music, video, photographs, graphics, audio materials, comments, as well as any other materials or electronic references to such, which are in violation of Bulgarian and European legislation, of these General Terms and Conditions, of internet ethics or of the rules of morality and good manners.
VIII. Rights and obligations of the Provider
- The Provider undertakes to use its best efforts to enable the Client to use the Services normally.
- The Provider has the right but does not have the obligation and the objective ability to control the way the Client uses the Services, whereas the Provider shall not be responsible for the Client’s content as well as for the Client’s activities in connection with the use of the Services.
- The Provider has the right, but does not have the obligation, to monitor and to look for facts and circumstances indicating the commission of illegal activity by the Clients.
- The Provider has the right to place on the Website, including in the Client Account, electronic references, advertising banners and other advertising forms for goods and services offered by the Provider or third parties, as well as electronic references and advertising banners pointing to websites located outside the control of the Provider.
- The Provider has the right to send unsolicited commercial communications to the Client in order to offer information and advertisements about its own goods and/or services or such offered by other commercial companies, to make inquiries on a variety of issues, to conduct surveys and others. By accepting these General Terms and Conditions, the Client agrees to receive unsolicited commercial communications from the Provider.
- The Provider has the right, but not the obligation, at its discretion and without warning to remove Client content where it conflicts with the requirements laid down in these General Terms and Conditions.
- The Provider has the right, but not the obligation, to use the name and distinguishing marks, including marks, of the Client for reference purposes.
IX. Responsibility of the Provider
- The Services provided by the Provider are of a communication nature. The distribution of the content is carried out within the deadlines according to the communication channel chosen by the Client, taking into account the technological deadlines for processing the information sent.
- If the integrity of the Services is violated due to non-compliance by the Provider, it undertakes to restore it as soon as possible.
- The Provider shall not be liable for any losses, indirect or consequential damages and loss of profits as a result of either the use of the Services or the Website or the temporary inability to access them.
- The Provider is not responsible for the proper technical functioning or technical malfunction of the terminal computer devices used by the Client, of the methods of connection to the Website and Services, or for the payment system used to make payments due under contract.
X. Intellectual Property
- The content available on the Website, Application or through the Services is subject to the copyright of the Provider and the Provider retains all rights to it.
- Subscribe BG is a trademark registered according to the legislation of the Republic of Bulgaria.
- Any use, reproduction, modification, transmission (electronic or otherwise), public display, extraction and reuse, etc. of all or part of the content, or of the Subscribe BG mark, for commercial purposes or in order to derive another benefit without the permission of the Provider is prohibited and will be pursued with all strictness in accordance with the procedure laid down by the applicable legislation.
XI. Personal data
- Further to the provision of clause XI.1, the Client may assign the processing of personal data and the Provider may process personal data of the Client or third parties provided to it by the Client according to the terms and conditions of an individual data processing contract between the Provider and the Client.
XII. Other conditions
- For all matters not regulated by this contract, the provisions of the legislation in force of the Republic of Bulgaria shall apply.
- All disputes between the parties shall be resolved in spirit of understanding and good will. In case that no agreement is reached, all unresolved disputes arising out of the contract between the parties or relating to it, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, as well as disputes to fill gaps in the contract or adapt it to new circumstances, will be resolved by the competent court in Sofia as per the Bulgarian legislation in force.