GENERAL TERMS AND CONDITIONS FOR MASSPHONING CUSTOMERS

MASSPHONING is a brand owned by LLAMADA AUTOMÁTICA, S.L. (hereinafter, MASSPHONING), with registered office at Av. Machupichu, 11 B4D 28043 Madrid (Spain), CIF B7632196, telephone 910911765 and email info@massphoning.com, registered in the Mercantile Registry of Madrid. Volume 35,056. Book 0. Sheet 144. Section 8. Page: M-630,488. Entry 1.

MASSPHONING attributes to whoever accesses the contents of massphoning.com and massphoning.es the condition of USER, and if the USER registers at massphoning.tel the condition of CUSTOMER.

MASSPHONING is the owner of the platform (hereinafter, the PLATFORM).

1. PURPOSE OF THE AGREEMENT

The purpose of the PLATFORM, based on Voice over Internet Protocol (VoIP), is to provide an automated Call Center to call and answer many people at the same time.

General description

Anyone can register with a username and password, and after activating the account by confirming their email address, access 2 applications:

A) Massphoning-out

To schedule mass calling campaigns based on lists of phone numbers. The CUSTOMER selects (i) a country and a time zone in that country, (ii) the date and time the campaign begins, (iii) the list of telephone numbers to call and (iv) the message to be broadcast. Once the campaign is finished, the CUSTOMER will be able to know the global result and the individual result of each call made through our service, in order to subsequently analyze the results obtained.

There are 3 types of message:

1.- Survey, which is done by:

• Playback of a pre-recorded “Introduction” audio file, to identify yourself to the recipient of the call.
• Playing a second pre-recorded audio file “Options”, to ask a question and offer several options to the recipient. The caller can provide a response by pressing a number on their telephone keypad (0-9). If no key is pressed, this audio repeats once giving the caller the opportunity to hear the options again. The system collects the first digit that has been pressed.
• As soon as the caller presses a key (or when the Options file is played in its entirety a second time), the system plays a third pre-recorded “Goodbye” audio file.

2.- Simple message, which is done by:

• Playing a single pre-recorded audio file to inform the recipient about something.

3.- Advanced interaction to redirect to third-party IVR systems with complex surveys, voicebots, etc.

B) Massphoning-in

Provides a means to handle many simultaneous incoming calls (caused, for example, by a Massphoning-out campaign). It uses DID (Direct Inward Dialing) telephone numbers provided by telephone operators in each country.

There are 2 types of interactions that can be triggered independently or consecutively:

1. A “Message” (which, as in Massphoning-out, allows you to choose between 3 types of interactions: Survey, Simple Message or Advanced Interaction).
2. A “Voicemail” which first plays a pre-recorded audio file and then allows you to record a message.

The acceptance of this document implies the acceptance of these Terms and Conditions. These Terms and Conditions will be the only ones applicable to the existing contractual relationships between the parties and replace any other possible conditions, unless there is a written agreement between MASSPHONING and the CUSTOMER.

Certain services may be subject to different Terms and Conditions or may require acceptance of additional terms and conditions. In the event of a conflict situation between this document and the terms and conditions of a particular service, the latter shall prevail.

2. MASSPHONING RIGHTS AND OBLIGATIONS

MASSPHONING guarantees the technical operation of the PLATFORM as long as the operation depends directly on the MASSPHONING infrastructure. This includes:

• PLATFORM quality assurance.
• Guarantee of availability to the extent that it is within the reach of MASSPHONING.
• Technical assistance in the event that the failures are attributable to MASSPHONING.
• Campaign results report.

MASSPHONING grants the CUSTOMER a non-exclusive license to use the PLATFORM in accordance with the provisions of this document. The parties agree that the license includes, in particular, all updates, adaptations and modifications to the PLATFORM that have been developed, produced and implemented by MASSPHONING during the term of the contract.

The CUSTOMER may only use the PLATFORM in accordance with these Terms and Conditions and their annexes.

3. CUSTOMER RIGHTS AND OBLIGATIONS

• The information that the CUSTOMER provides when registering must be correct, true, complete and updated, including a valid sender number or ID, notifying MASSPHONING of any unauthorized use of the account or any other security breach related to the CUSTOMER. The CUSTOMER must provide an account name (which may be the name of their organization or company), name, surname, email address and a sender telephone number (which will be used to display on the screens of the receiving devices of the campaigns and which, as an administrator, you can change at any time). By accepting these general conditions, the CUSTOMER undertakes to provide telephone numbers under their responsibility.
• The CUSTOMER will not use the PLATFORM for purposes other than those specified in this document and its annexes, unless there is prior and express authorization from MASSPHONING.
• The CUSTOMER is not entitled to interfere or attempt to interfere with the performance of the PLATFORM.
• The CUSTOMER will be responsible for third-party claims that arise as a result of their use of the PLATFORM or the campaign carried out through the PLATFORM.
• The CUSTOMER may not use the software, devices or other processes, both manual and automatic, to track or extract information (scrapping) from the website.
• The CUSTOMER may not modify, adapt, take, reproduce, distribute, translate, create derivative works or adaptations, publicly display, republish, reuse, sell, market or take advantage of the PLATFORM or the contents of the website unless there is express authorization by MASSPHONING.

4. PRICE, BILLING AND PAYMENT METHODS

4.1. Creation of the Account, selection of the Price Plan and acquisition of numbers

The USER must fill out the registration form to create their CUSTOMER account on the PLATFORM.

The created account gives access to the two applications described in point “1. PURPOSE OF THE AGREEMENT”:

A) Massphoning-out: where by default a Price Plan without a monthly fee is assigned and optionally a free balance so that you can make calls. The amount of this free balance may vary depending on the time of registration. At any time the CUSTOMER can switch between Price Plans, which consist of an optional fixed monthly rate and a price per phone record (or call) in the “Administrator” section. Information on the different Price Plans and price per record for each country is published on massphoning.es. The prices do not include VAT and will be the current ones at all times, except for obvious typographical errors.. If the fixed monthly rate is applicable, the CUSTOMER must choose a payment method offered by the PLATFORM, providing a valid credit or debit card number and will be billed monthly. At any time, the CUSTOMER can make one-time payments to buy credit to make calls, and for this they must choose a means of payment offered by the PLATFORM, providing a valid bank card number and it will be billed on the spot. The PLATFORM automatically calculates the cost of the campaign by selecting the valid telephone records from the list uploaded to the PLATFORM by the CUSTOMER and according to the price per record of the chosen Price Plan. The total price, including VAT when applicable, will be displayed on the screen before paying.

B) Massphoning-in: where by default no phone number is assigned. At any time, the CUSTOMER can acquire telephone numbers, which consist of a fixed monthly rate, different according to each country, which will be billed monthly. The price of the telephone numbers can be seen when contracting in the “Administrator” section. The total price, including VAT when applicable, will be shown on the screen before paying.

4.2. Billing

Invoices will be issued automatically, including VAT when applicable.

The invoiced amounts paid by the CUSTOMER will not be reimbursed in cash by MASSPHONING.

4.3. Payment methods

Payment will be made with Stripe through a payment gateway managed by a bank with a secure server certified according to the SSL protocol. Data is encrypted and transmitted securely to the services of the bank and are subsequently verified with the issuing bank to prevent possible fraud and abuse. MASSPHONING does not have access to bank information on the card used by the user to make the payment.

When the amount has been fraudulently or improperly charged using the payment card number, the CUSTOMER will be entitled to demand the immediate cancellation of the charge. However, if the payment had actually been made by the cardholder, the cardholder will be obliged to compensate for the damages caused as a result of said cancellation.

5. OWNERSHIP OF CONTENT/TRADEMARKS

The CUSTOMER expressly declares that any brand, slogan, trade name, creativity, text, as well as any other content subject to intellectual and industrial property (hereinafter, the CONTENT) that he himself incorporates into the audio message to be broadcast during the campaign effectively they belong to or are authorized by the legitimate owner or licensee and do not infringe any intellectual or industrial property rights of third parties, in particular the right to honor and image of third parties, or other property rights of third parties.

MASSPHONING undertakes not to use the CONTENTS for purposes other than those for which it is authorized.

The CUSTOMER guarantees MASSPHONING that it has all the necessary powers and authorizations to grant a license on the CONTENTS.

The CUSTOMER admits to having been informed by MASSPHONING about the following:

• MASSPHONING rejects any type of liability to third parties for the CONTENT.
• MASSPHONING is entitled to terminate this agreement and/or interrupt any campaign if the CONTENT violates intellectual or industrial property rights or any law. Safe are the legal actions that may be taken against the CUSTOMER for the damage caused.

6. LIABILITY

In order to provide its services through the PLATFORM, MASSPHONING will hire third-party services without which the PLATFORM could not function.

MASSPHONING will try to guarantee, as far as possible, an optimal level in the quality of the campaigns.

The continuity of the services provided through the PLATFORM may be altered by network or infrastructure maintenance works.

In the event that MASSPHONING and/or third parties contracted by MASSPHONING carry out maintenance work on the services that prevent and/or interfere with the normal functioning of the PLATFORM, MASSPHONING will inform the CUSTOMER as soon as it becomes aware of said works.

However, MASSPHONING will not be responsible for the interruption of the services provided by the PLATFORM and that are due to an interruption of the services or maintenance works of third parties.

In the same way, MASSPHONING will not be responsible for the absence of results when this is due to (i) a failure of coverage in the area of the call or (ii) when the users do not answer the call.

Likewise, MASSPHONING will not be liable under any circumstances for damages, including consequential damages and lost profits, caused as a result of this agreement or the PLATFORM, including, by way of example, but not limited to, damages caused by loss of benefits, loss of data, telephone bills, communication line bills, loss of privacy, damages to third parties even when the providers have been informed of the possibility of such damages.

In this sense, MASSPHONING has no obligation to supervise the content of the messages issued by the CUSTOMER. However, MASSPHONING may proceed to inform the competent authorities of the illegal activities or the information of which it is aware in relation to the campaigns.

MASSPHONING reserves the right to cooperate, in accordance with the law, with the authorities, who may carry out verifications related to the campaigns.

However, MASSPHONING reserves the right to eliminate and/or suspend campaigns at its discretion, without giving prior notice and for reasons -among others- such as receiving demands or claims from third parties or authorities in relation to the campaigns.

The following contents are prohibited on the PLATFORM:

• Illegal activities: Those Contents that constitute, promote or facilitate illegal activities or that contain obscene or defamatory sounds or voices.
• Tobacco: Content that promotes tobacco or tobacco-related products.
• Drugs: Content that promotes or facilitates the sale or use of illegal drugs.
• Firearms: Content that promotes firearms, ammunition, or explosives.
• Adult content: The following content is prohibited:
  i. Sexually suggestive sounds, voices, activities or situations.
  ii. Prostitution (express or implied request)
  iii. Friend finders or dating sites with a pornographic emphasis.
• Violence: Content that depicts or promotes violence or aggression, including, but not limited to, sexual assault and harm to humans or animals.
• Hate speech and bullying: Content that is insulting, harassing, intimidating, threatening, demeaning, or otherwise promotes violence against a particular person, organization, or group. This includes, without limitation, individuals or groups identified by race, sex, creed, age, color, national origin, religion, marital status, gender identity, language, sexual orientation, or disability.
• Counterfeit Products: Sale of imitation or counterfeit products.

MASSPHONING reserves the right to access, read, preserve and disclose any information it deems reasonably necessary for (i) compliance with the law, legal proceedings or judicial or administrative requirements, (ii) compliance with these Terms and Conditions, including the investigation of possible violations thereof. (iii) detect, prevent or solve issues related to fraud, security or technical problems and (iv) to protect the rights, property and safety of MASSPHONING or third parties.

MASSPHONING cannot be considered in any way a representative of the CUSTOMER and therefore cannot act or commit on behalf of the CUSTOMER.

MASSPHONING is not responsible for the data provided by the USER, nor for its authenticity or accuracy. In the same way, MASSPHONING is not responsible for checking or verifying the data provided by the CUSTOMER on the PLATFORM, nor is it responsible for verifying that the telephone numbers entered by the CUSTOMER on the PLATFORM are not included in the Robinson list.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

The works, illustrations and images reproduced on the PLATFORM and on the MASSPHONING website are subject to copyright and other intellectual and industrial property rights that are applicable on a global scale, as well as trade secrets and other property rights.

MASSPHONING guarantees the CUSTOMER a personal, non-transferable and non-exclusive right to use the PLATFORM to achieve the objectives of this agreement.

The CUSTOMER is not authorized to (i) rent, provide, subcontract or transfer the PLATFORM to third parties, (ii) use the PLATFORM to develop other software, (iii) activate and use the functions of the PLATFORM without a license for it, (iv) grant a sublicense for the use and/or exploitation of the PLATFORM to third parties or provide access to it. Failure to comply with any of these rights constitutes a violation of the Terms and Conditions and in turn a crime in accordance with article 270 of the Penal Code.

The CUSTOMER will inform MASSPHONING if he becomes aware of unauthorized access and/or use of the PLATFORM by a third party.

Other unauthorized uses of the PLATFORM will constitute an infringement of intellectual and industrial property and will be sanctioned accordingly, unless there is prior authorization from MASSPHONING to carry out such uses.

8. CONFIDENTIALITY

The parties undertake to maintain the confidentiality of any information to which they have access for the implementation of this contractual relationship or others of a similar nature that should be considered as contractual.

The information published by the CUSTOMER, that revealed in compliance with the law, court order or act by a competent authority, will not be considered confidential.

This obligation shall remain in effect indefinitely.

9. PERSONAL DATA PROTECTION

The signatories of this Contract are informed that the personal data contained in this document will be processed for collection, registration in the files of both companies and use for the purpose of managing this contractual relationship; accounting, fiscal or administrative management.

Likewise, the user is informed that, by virtue of the provisions of section 2 of article 21 of Law 34/2002, of July 11, on services of the information society and electronic commerce, in relation to the provisions in letter b of section 1 of article 6 of the European Union Data Protection Regulation, your data will be processed for collection, registration in the files of both companies and use for the purpose of commercial management (advertising and commercial prospecting of our services and products).

Personal data will be kept until they are no longer necessary or relevant for the purpose for which they were collected or recorded in our files. Subsequently, the personal data that meets this condition will be deleted, unless there is a legal standard that enables its conservation. Note that personal data will be deleted when the user has exercised the right to delete them.

In the same way, it is reported that the data that may have been collected and included in the aforementioned files will be transferred or communicated to the companies associated with both companies, with the same purposes for which they have been collected.

You are informed that the legal basis for the processing of your personal data is the contractual relationship. The personal data contained in this document will also be processed to comply with the relevant legal obligations.

At any time you can exercise the rights of access, rectification, deletion, portability, limitation or opposition to its treatment by sending a request to the address indicated in this document as the address for notification purposes, or through the usual contact email between the parties, accompanying, in both cases, a photocopy of ID or supporting document.

You are informed about the right of the parties to file a claim with the Spanish Data Protection Agency if you consider that the rights set forth in this privacy policy are violated or if you consider that the processing of personal data that concerns you violates Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016 and the Organic Law on the Protection of Personal Data.

Likewise, the CUSTOMER guarantees that the personal data provided is correct and will be responsible for notifying MASSPHONING of any modification thereof. The CUSTOMER will be responsible for the veracity of the data provided, including the sender’s telephone number (ID). MASSPHONING reserves the right to exclude any CUSTOMER who has provided false information from the registered services, except for the legal actions that may be taken.

Specifically, during registration the CUSTOMER may not:

• Provide false personal information (including a false username) or create an account for another person without their permission.
• Use a username that corresponds to another person, with the aim of supplanting their identity.
• Use a username or account on the PLATFORM that is the subject of third-party rights without proper authorization.

MASSPHONING is in charge of processing the data provided by the CUSTOMER.

MASSPHONING, in compliance with article 28 of the General Regulations of the European Union, undertakes to process the data according to the instructions of the CUSTOMER, for the sole provision of the contracted services and without using said data for any other purpose.

MASSPHONING guarantees that all personal data will be transmitted using technology that meets the highest security standards. Likewise, we inform that the data and Contents of the PLATFORM are stored in community territory and are treated in a country that offers an adequate level of protection.

The acceptance of this document implies the express and irrevocable consent for MASSPHONING to subcontract storage services.

10. MODIFICATIONS

The information on this website that is current will be the one corresponding to the last update made. MASSPHONING reserves the right to update, modify or delete the information contained in this website.

11. LANGUAGE

MASSPHONING may translate these Terms and Conditions, or any other operating rule, policy or process that may be published on this website. The English version will prevail in case of conflict.

12. INTEGRITY AND SAFEGUARD OF THE AGREEMENT

Each of the stipulations of this agreement will be interpreted separately and independently of the others. In the event that any of the clauses is invalid or unenforceable by virtue of any legal norm or is declared invalid by virtue of any Court, legal norm or administrative authority, the nullity will only affect said clause and not the integrity and existence of the contract, keeping the rest of the agreements fully valid.

13. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are subject to Spanish Law.

In case of conflict in the interpretation, implementation or validity of these Terms and Conditions or any of its annexes, the Courts of Madrid will be competent.

If you are contracting as a consumer, nothing in this clause will affect the rights recognized by current legislation.

Online Dispute Resolution/Consumer Arbitration Information

Under the provisions of Regulation (EU) 524/2013, applicable throughout the European Union, the European Commission provides an online dispute resolution platform that MASSPHONING makes available to the CUSTOMER at the following link: http://ec.europa.eu/consumers/odr.

Through this link, the CUSTOMER can access the European Online Dispute Resolution Platform (ODR). In the event that the CUSTOMER has had a problem with an online contract, they may use this means to present any claim in relation to said sale or provision of services, as well as opt for an out-of-court solution to the dispute that has arisen.

Last modified: March 11, 2022