General terms

I. General provisions

1. Subject

General terms and conditions for the regulation of relations between "Mobica" LTD, VAT 201937622, a company, hereinafter referred to as the Supplier or Mobica, and the users, hereinafter referred to as Customers.

The customer undertakes to familiarize themselves with and comply with these General Terms and Conditions

2. Definitions

"Account" is the Customer's profile created in the Mobica panel, which contains identification data provided by the Customer. Each Account has a unique username and password.
The "Mobica Platform" is an online automated system for sending and receiving Messages from the Client to Service Recipients.
"Recipients of the Service" - the holders of mobile phone numbers explicitly specified by the Customer, to/from which messages are sent using the SMS/Viber Service
"Client" is a natural or legal person using the Services provided by Mobica with an active Account in the Mobica panel.
"User" is a person authorized by the Customer who has access to the Services on behalf of the Customer.
"Message" is a message consisting of symbols /numbers, text/, media content sent through the Mobica Platform to Service Recipients or from Service Recipients to the Mobica Platform.
"Operator" is any telecommunications operator or internet service provider
"Sender" or "Originator" when sending an SMS is an identifier (digital or literal) of the Customer as the sender of the Messages. The sender's name can be up to 11 characters long. Valid characters are: a-z A-Z 0-9. & @ - + _! % [interval] *. Sender cannot be a phone number. Requested Sender is subject to verification and approval.
"Cyrillic characters and special characters" when sending SMS are characters outside the GSM 3.38 standard, which are not specified below:

"\n", "\r", , _, -, ,, ;, :, !, ¡, ?, ¿, ., "", ", (, ), [,], {, }, §, @, *, /, , &, #, %, ^, +, <, =, >, |, ~, ¤, $, £, ¥, €, 0, 1, 2, 3, 4, 5, 6, 7, 8, 9, a, A, à, å, Å, ä, Ä, æ, Æ, b, B, c, C, Ç, d, D, e, E, é, É, è, f, F, g, G, h, H, i, I, ì, j, J, k, K, l, L, m, M, n, N, ñ, Ñ, o, O, ò, ö, Ö, ø, Ø, p, P, q, Q, r, R, s, S, ß, t, T, u, U, ù, ü, Ü, v, V, w, W, x, X, y, Y, z, Z, Γ, Δ, Θ, Λ, Ξ, Π, Σ, Φ, Ψ, Ω

Cyrillic characters and special characters may count as more than one character.

* The characters \n, ^, {, }, , [, ~, ], |, €, as well as “Enter” are counted as two separate characters.
"SMS Message" is a text message broadcast according to the technical requirements of GSM 03.38.
"Long SMS Message" is a text message consisting of several physical SMS messages that are logically assembled into one long text message from the recipient's device.
"Transactional Viber Message" - a non-advertising text message sent via a Viber supported service.
"Promotional Viber message" - a message consisting of text and an image and/or button and/or link sent through a service supported by Viber.
"Maximum length of Viber Message" – 1000 characters.
"Maximum length of SMS Message"

The maximum length of the message body is 160 characters including spaces when it does not contain Cyrillic characters or special characters.

The maximum length of the message body is 70 characters including spaces when it contains Cyrillic characters or special characters.
"Number of single messages in a Long SMS Message"

When an SMS Message has more characters than the maximum length of a single SMS message, the number of all SMS messages is calculated as the number of connected SMS messages:

When it does not contain Cyrillic characters or special characters, the number of SMS Messages is equal to the number of characters divided by 153.

When it contains Cyrillic characters or special characters, the number of SMS Messages is equal to the number of characters divided by 67.

3. Service

The service provided by the Provider is the provision of notification services through various communication channels: SMS, Viber, WhatsApp and others through access to the Mobica Platform or through API.

The Service is accessed through an Account created individually for the Customer.

The customer has no right to provide third parties with access data to the Account in the form of a username, password or other type of identifier, unless explicitly agreed upon.

The Customer shall commit to safeguarding all Account information in accordance with best practices. If the Customer becomes aware of information that may endanger security, they must immediately change the Account data and notify Mobica.

II. Conclusion of a Contract, termination of a Contract

1. In order to use the Service, there must be an Agreement between the parties.

The conclusion of the Agreement is carried out by creating a Client Account with a unique username and password on the Mobica Platform and its subsequent approval by Mobica. The Account can be created by a Mobica employee or directly by the customer on the Mobica Platform.

Mobica has the right to refuse the conclusion of the Agreement at any time.

For the purposes of checking and approving the Account, as well as for monitoring the use of the Service, Mobica may request the Customer to provide information and documents at its discretion. Approval of the Customer's Account is entirely at the discretion and policy of Mobica. Mobica is not obliged to give an opinion in case of possible refusal.

When registering the Account, the Customer provides contact details. The data specified during registration: address, email and phone number are the main channel of communication and Mobica sends Notifications, Contracts, Notices, Invoices, etc.

At the Customer's request, another email can be explicitly specified for receiving financial information - invoices, notification of decreasing availability, etc.

When registering, the Customer undertakes to provide correct and up-to-date data. The customer is obliged to promptly update the data specified in his registration in case of change.

Upon self-registration on the Mobica Platform, by filling in his data and clicking and marking the check box "I agree to the general terms and legal privacy policy of the platform", the Client declares that they are familiar with these General Terms and Conditions, accepts their content and undertakes to comply with them. With self-registration in the Client's account, the ability to send messages to Bulgaria and the whole world is active.

Upon creation of an account by a Mobica employee, the Customer must have familiarized themselves with and agreed to these General Terms and Conditions. In this case, they have effect from the moment of the first use of the service by the Customer.

In both cases, Mobica sends an email to the email address specified by the Customer,

which contains links to these Terms and Conditions and the Privacy Policy.

The contract is considered concluded from the moment of creation of the Customer's Account on the Mobica Platform.

Accounts created in one of the two ways are considered test until the moment of payment of the first Proforma invoice/Invoice or until the signing of the postpay Agreement.

When signing a contract for Viber services, additional documents are required as requested by Viber. By entering into an Agreement for Viber services, the customer declares that they will comply with the "Viber Service Messages General Guidelines". Viber's instructions are available at: https://www.viber.com/terms/

Correspondence under a concluded contract is carried out electronically, the Supplier's e-mail address is support@mobica.bg, and the Client's is the address/es explicitly stated when concluding the Contract. Correspondence can also be carried out in writing at the addresses of the Supplier (indicated at the beginning of the General Terms and Conditions) and that of the Client - indicated at the conclusion of the contract.

2. Payment

2.1 Prepaid service /Packages/

The customer generates a proforma invoice in their Mobica Platform Account, which contains details about the price and method of payment. After receiving the payment on Mobica's account, the system generates an Invoice, which is sent to the email address specified by the Customer, and is also available for printing on the website www.mobica.bg

The minimum payment amount for a prepaid service is BGN 50.00

2.2 Subscription / Post-pay service

Postpaid service is offered at Mobica's discretion. For its use, a separate Contract is concluded, in which specific conditions are agreed between the Customer and the Supplier.

In this case, a payment invoice is generated once a month and includes all services used by the Customer. The supplier sends the invoice to the e-mail address specified by the customer.

The invoice amount should be paid within 10 (ten) calendar days.

For payments by bank card or bank transfer, Mobica is not responsible for possible costs related to fees, commissions, exchange rate differences or other additional payments made by the Customer in connection with the transaction.

3. Prices

The Provider provides the Service for a fee.

Information on the various parameters of the Service, including prices, is available in the Customer's account on the Mobica Platform. The prices indicated in the Customer's account, as well as the total available stock, are exclusive of VAT.

Prices are subject to adjustment. Mobica notifies the Customer at the e-mail address specified by them.

4. Termination

4.1 The contract is concluded for an indefinite period, unless explicitly stated otherwise.

4.2 Either party may terminate the contract with one month's notice. Termination when using Viber: A request to stop/pause a Viber channel is submitted by the 20th of the current month / An exception is the case when the 20th is a Friday, then a request is submitted by the 19th/

4.3 Upon termination of the Agreement and an available amount in the Client's Account, the same can be refunded to the Client's bank account upon making a written request from them with the specified bank account and holder. The deadline for submitting a Refund Request is 3 months from the date of termination of the Agreement or from the official closure of the Account by Mobica. The deadline for refunding the requested amount is 14 working days.

4.4 Mobica may terminate the Agreement without notice in the following cases:

In case of objective impossibility to provide the Service;
In the event of established non-fulfillment by the Client of the present General Terms and Conditions or a violation of the legislation;
In case of established malicious actions towards Mobica or third parties;
In case of suspicion that the Customer has provided false or misleading information;
In the event that the Client is insolvent, is declared bankrupt or liquidation proceedings are initiated in relation to them;
In the event that the Customer's account is inactive for 12 consecutive months.

III. Obligations of the Client

1. The Client agrees that when using the Service, they will comply with the following requirements:

1.1 The Customer will use the Service in good faith and for its intended purpose.

1.2 The Customer undertakes to use the Service in accordance with the applicable legislation

1.3 The Client agrees that the Client will be considered the Sender of the Messages from the Client's Account, regardless of their relationship with third parties.

1.4 The Customer agrees that they will comply with the written requirements of the Supplier in the Contract, General Terms and Conditions or website requirements of third parties regarding the service provided, such as /but not limited to/ Operators, Viber, etc.

1.5 The Customer agrees that they are fully responsible for all actions and inactions of the Users. The Customer is responsible for the correct storage of access data and compliance with the Agreement by the Users.

1.6 The Customer undertakes not to misuse the Services and not to commit malicious acts. Malicious acts are:

-Indicating a false or misleading sender name;

-Sending Messages to Service Recipients of content that does not comply with legal requirements;

Unsolicited commercial messages, with no opt-out option from the Service Address

-Sending messages with content that may harm or cause disruption to the work of Mobica or third parties, including the Operators: spam, FLOOD, exploiting gaps in systems for personal gain, industrial espionage, sabotage, damage of information systems, sending viruses, Trojan horses, worms or other malicious code.

2. Upon detection of a violation, Mobica has the right to suspend the provision of the Service to the Client, without necessarily terminating the Agreement.

3. The Client is solely and fully responsible for the content of the Messages sent to the Service Recipients.

IV. Limitation of liability

The Provider is not responsible for any disruptions or technical problems due to random events, temporary interruptions (regardless of the cause) and for such disruptions or technical problems related to the use of the services as a result of the use of the computer equipment by the Customer (hardware or software problem, internet connectivity problem, etc.).
The Provider is not responsible for damages suffered by the Client as a result of the use of the Service, including, but not limited to, the content of an SMS/Viber message, the number of SMS/Viber messages sent, the relationship between the Client and the Recipients, etc.
The Customer is obliged to indemnify the Provider in full, in the event that, as a result, SMS messages are sent and due to their content, number or other characteristics, or because it turns out that they were sent to an addressee who does not agree or does not wish to receive such an SMS, the responsibility of the Provider will be engaged by any third party, including a state authority. In such cases, the Customer is obliged, upon first request from the Supplier, to pay to the latter the amounts that the latter should pay to third parties based on a concluded contract or on another legal basis, including, but not limited to, fines, compensations, interest, fines and any other payments. In addition, the Customer is obliged to pay the Supplier all additional costs – court costs, attorney's fees and other costs. The Customer is also obliged to provide full and immediate assistance with a view to settling the relations with the third parties, including presenting to the Supplier all the documents and information requested by the latter.
The supplier is not responsible for malicious and incorrect actions by third parties.
The Supplier shall not be liable in the event of third-party claims regarding the Customer's unlawful use of trademarks, industrial designs, patents, utility models and copyrights.
The supplier is not responsible for the content of advertising messages: the quality of goods and services, as well as non-delivery of advertised goods by the Customer.
The Supplier has the right to require the Customer to identify themselves and to certify the authenticity of the circumstances and personal data announced during registration. The Supplier may, at its discretion, require the Customer to sign these General Terms and Conditions.
The Provider has the right to temporarily or permanently suspend the provision of specific Services available through the Website, as well as access to the Website itself, without the need to notify the Customer in advance.
The provider adopts and announces on its website a Policy for the protection of personal data. The User agrees to the Provider's Personal Data Protection Policy.
As permitted from a legal point of view, Mobica does not give any guarantees that the Service does not violate the rights of third parties. Mobica does not guarantee specific functionality and applicability for a specific purpose of the Service.
The provider is not responsible for interruption/suspension of the service in the event of force majeure and circumstances beyond its control - force majeure, random events, lack/interruption/problems in the Internet, problems in the Client's equipment, unregulated third-party access to the systems or the Provider's servers.
In order to maintain, prevent, troubleshoot and update the Service, the Provider reserves the right to temporarily limit the provision of the service.

Delays, difficulties or impossibility to use the Service, in connection with the above-mentioned circumstances, are not grounds for claims against the Provider.

V. Effect, publication and modification of the General Terms and Conditions

Links to the General Terms and Conditions are located on the Provider's public website.
The general conditions come into force from the date of their publication and their last update.

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