Company: Mobizon
Phone: +55 11 941439844
E-mail: suporte@mobizon.com.br
Website: https://mobizon.com.br
Address: Est. Takashi Kobata, 1700 - Suzano SP
Mobizon, a legal entity governed by private law, headquartered at Est. Takashi Kobata, 1700 - Suzano SP, registered with the CNPJ under nº.37.969.249 / 0001-10, hereby represented in the form of its Articles of Association, makes available this Term and General Conditions to be accepted by the CUSTOMER, for the regulation of data collection, treatment, storage and sharing of data and is committed in accordance with the information of all CUSTOMERS and guarantee that any information it provides will be stored safely and processed in accordance with data protection legislation, the Brazilian Civil Rights Framework for the Internet (law n° 12.965/2014), the Terms of Use and this Policy.
1.1 These General Terms and Conditions (GTC) shall govern the contractual relationship between Mobizon and its contractual partners affiliated with the use of the Mobizon PLATFORM (hereinafter referred to as “PLATFORM”).
1.2 Unless the Mobizon has expressly consented to their applicability, the Mobizon shall not accept any GTC that deviate from these General Terms and Conditions.
1.3 Mobizon shall have the right to modify these GTC for materially justified reasons (e.g. changes in case law, the status of legislation, the market situation) and subject to compliance with a reasonable advance notice period. Existing CUSTOMERS shall be notified of such changes at least two weeks ahead of the effective date of such changes via e-mail and / or via text message. If the existing CUSTOMER should not object to the changes by the end of the contestation period set in the change notice, CUSTOMER shall be deemed to have approved the change. The notification of the intended modification of these GTC shall include information about the deadline for responding and the consequences of objecting.
1.4 Within the scope of application of these GTC, the terms used shall have the following defined meanings:
PLATFORM: All web services offered by Mobizon that can be used to implement marketing campaigns (in particular by sending ELECTRONIC MESSAGES). Such services and PLATFORMS are materialized through the link https://mobizon.com.br.
Mobizon: This is the legal entity, owner of the PLATFORM and controller of the data collected and introduced there by the CUSTOMERS.
CUSTOMER: This is the natural person who uses the PLATFORM and provides his data, manually or automatically, for storage, sharing and use by.
LISTS OF RECIPIENTS: The phone numbers registered in the account of the CUSTOMER, which may also be categorized as well as any other recipient information the CUSTOMER can use for MOBILE MARKETING purposes (e.g. sending of ELECTRONIC MESSAGES); the capacity of a list of recipients (maximum permitted number of recipients) and the maximum number of permitted recipient lists, which is limited and contingent upon the package acquired by the CUSTOMER.
ELECTRONIC MESSAGES: All messages sent by the CUSTOMER with the assistance of the PLATFORM using text messaging or other messaging services to send notices to recipients from CUSTOMER'S list of recipients.
CHARACTERS: CHARACTERS are all symbols that can be used within an electronic message (e.g. letters, numbers and special characters); please note that the maximum number of characters is limited for certain types of ELECTRONIC MESSAGES (in particular text messages). The maximum number of characters that can be used in text messages depends on the encoding of the message, which in turn is contingent upon the type of characters used in the message. For detailed information concerning the maximum number of characters, please consult our website.
SPAM MESSAGES: Unsolicited electronic message sent to a recipient without the former’s consent or even against the recipients expressed will.
2.1 On the PLATFORM, the Mobizon offers its CUSTOMERS a cloud-based service for the organization and implementation of MOBILE MARKETING campaigns with the assistance of ELECTRONIC MESSAGES. For this purpose, the Mobizon provides its registered CUSTOMERS with a series of tools that make an effective management of the lists of CUSTOMERS and the sending of ELECTRONIC MESSAGES possible. Among other things, the CUSTOMER can compile ELECTRONIC MESSAGES and different LISTS OF RECIPIENTS, as well as control the time the messages are sent along with the speed of the message transfer. The types and scopes of these services may be reviewed on the Mobizon website as well as in the CUSTOMER'S user account. Moreover, the Mobizon offers its CUSTOMERS the option to design their own registration forms. It also offers a “Short-Link” service. Within the scope of this service, CUSTOMERS can generate a short URL, for instance to integrate it into ELECTRONIC MESSAGES. The Mobizon reserves the right to make changes to the PLATFORM'S functions at any time, if they are acceptable for CUSTOMERS taking into account their respective interests.
2.2 The LISTS OF RECIPIENTS and / or the phone numbers for the sending of ELECTRONIC MESSAGES are generated directly by the CUSTOMER based on CUSTOMER'S own CUSTOMER portfolio or special registration forms. The Mobizon shall not provide the CUSTOMER with any contacts. The Mobizon merely provides the technical option to send ELECTRONIC MESSAGES and is neither involved in the generation of the messages, nor their sending nor the contractual, contract-like and other relationships between the CUSTOMER and CUSTOMER'S recipients. It shall be CUSTOMER'S responsibility to independently ensure that the required consent has been obtained from the recipients and that all statutory provisions that govern the sending of ELECTRONIC MESSAGES are complied with. The Mobizon shall not check these processes and / or the content of CUSTOMERS for any legal infractions.
2.3 The annual median availability level of the PLATFORM totals 98 %. This excludes times spent on necessary regular maintenance work as well as time periods during which availability is limited as a result of events the portal Mobizon is not responsible for (e.g. force majeure, third party acts or changes in the law). The Mobizon shall strive to perform maintenance work during times when the visitor volume is low.
3.1 To be able to use Mobizon services, CUSTOMERS must first create a CUSTOMER account on the PLATFORM. To do this, the registration screen has to be completed by entering all of the required data truthfully and correctly. The submission of the registration constitutes an offer to enter into a user agreement with the Mobizon. The offer to enter into the user agreement is either accepted by way of an explicit confirmation from the Mobizon (e.g. via e-mail) or as a result of the activation of the user account.
3.2 Besides companies that advertise, enterprises that implement advertising activities for their own CUSTOMERS are also eligible to create a CUSTOMER account for use of the PLATFORM (resellers, agencies); in such cases the agency is the only contacting party. However, a contract with the agency’s principal will not be made.
3.3 Initially, the registration of a CUSTOMER account is complimentary. To be able to use the functions of the PLATFORM for which fees are charged (in particular the sending of ELECTRONIC MESSAGES), the CUSTOMER must deposit a respective amount of money into his / her CUSTOMER account. The deposited amount is credited to the CUSTOMER account and can be used to send ELECTRONIC MESSAGES and use any other services of the Mobizon for which fees are due.
4.1 The CUSTOMER shall generate and maintain the LISTS OF RECIPIENTS based on CUSTOMER'S own CUSTOMER portfolio and / or on the basis of independent third party registrations (e.g. through a sign-up form). The Mobizon merely provides the technical tool for the sending of ELECTRONIC MESSAGES and is not involved in the content creation of the ELECTRONIC MESSAGES, the sending of the ELECTRONIC MESSAGES and the generation of the LISTS OF RECIPIENTS. In particular, the Mobizon shall not provide the CUSTOMER with contacts for LISTS OF RECIPIENTS. It shall be the CUSTOMER'S responsibility to keep the LISTS OF RECIPIENTS up-to-date at all times and to delete any recipients upon request.
4.2 The CUSTOMER assures the Mobizon that CUSTOMER shall comply with all mandatory legal provisions when collecting the data. In particular, CUSTOMER assures Mobizon that all recipients listed in CUSTOMER'S LISTS OF RECIPIENTS have issued an effective statement of consent for the sending of ELECTRONIC MESSAGES. CUSTOMER shall undertake to provide to Mobizon upon request, no later than within two business days after having been asked, with suitable documentation of the statements of consent received.
5.1 To be able to use all of the functions of the PLATFORM (in particular for the sending of ELECTRONIC MESSAGES), the CUSTOMER shall deposit a respective amount into CUSTOMER'S user account. The deposited amount shall be credited to CUSTOMER'S user account and can be used to send ELECTRONIC MESSAGES and use any other services of the Mobizon for which fees are due. The deposit shall be made directly into the CUSTOMER account using one of the modes of payment made available on the account page. The payment options will be displayed on the CUSTOMER account page.
5.2 If the CUSTOMER should be in default of payment, the Mobizon shall have the right to block the CUSTOMER account or the option to send ELECTRONIC MESSAGES until the default of payment has been rectified. Furthermore, the Mobizon shall have the right (but shall be under no obligation) to offset any amounts due against the credit balance in the CUSTOMER account. However, the Mobizon shall not implement any such offsetting until after the second reminder notice does not produce the desired results. Any offsetting shall be without prejudice to Mobizon right to rescind from the contract because of the default of payment.
5.3 Principally, any amounts deposited into the CUSTOMER account shall not be eligible for refunds. Unless this is specifically required as a matter of law, any balance amounts remaining in the account after termination or the end of the user agreement for any other reasons shall not be disbursed.
5.4 In conjunction with the deposit, an advance payment invoice for the amount deposited shall be issued. As part of the monthly billing statement, the respective amount that has been consumed shall be deducted. The latest invoices shall be made available to the CUSTOMER in the CUSTOMER account and / or via e-mail.
6.1 There is a charge for the sending of ELECTRONIC MESSAGES via the CUSTOMER account. The CUSTOMER shall pay the defined price for each electronic message sent. The obligation to pay the fee shall not be contingent upon the receipt of the electronic message by the recipient unless the receipt failed for reasons the Mobizon is responsible for; in particular the obligation to pay the fee shall not be voided because the numbers in the list of recipients have not been assigned.
6.2 The costs for the sending of ELECTRONIC MESSAGES can be derived from the current Price published by the Mobizon in the version in effect at the time the ELECTRONIC MESSAGES are sent. This shall also be the case if the CUSTOMER commissions the sending of ELECTRONIC MESSAGES for a future date. The CUSTOMER is hereby advised that the prices for sending ELECTRONIC MESSAGES are subject to ad-hoc fluctuations at regular intervals. Hence, it shall be the CUSTOMER'S autonomous responsibility to obtain information on the prices in effect at the time of placing an order.
6.3 If the CUSTOMER should send an electronic message that exceeds the scheduled maximum number of characters, multiple ELECTRONIC MESSAGES shall be sent simultaneously. The number of the messages sent shall be contingent upon the number of messages required to accommodate the existing CHARACTERS. Every message sent shall be billed separately to the CUSTOMER (Example: If the CUSTOMER sends a message that has to be divided into two text messages and the messages are sent to 1,000 recipients, the CUSTOMER will be billed for 2,000 text messages). It shall be the sole responsibility of the CUSTOMER to match the length of the ELECTRONIC MESSAGES compiled to the maximum permitted number of CHARACTERS prior to sending the message.
6.4 The costs incurred for the sending of the ELECTRONIC MESSAGES shall be offset against CUSTOMER'S credit balance in his/her CUSTOMER account. No other mode of payment is available for the sending of ELECTRONIC MESSAGES. Of the credit balance in the account is insufficient for an order, the order will not be executed.
7.1 The CUSTOMER has the option to book various feature packages that include additional services on the PLATFORM. Unless other stipulations are made on the PLATFORM, such services can be booked for a month or a year (term). The prices of these packages can be found in the current Price Overview published by Mobizon.
7.2 The termination notice shall be given at the latest seven (7) days prior to the end of the package term. If a package is not terminated in a timely manner, it shall automatically be extended by the respective period.
7.3 While a package term is in effect, the CUSTOMER shall have the right to switch to a more expensive package (upgrade). If the CUSTOMER should desire an upgrade, CUSTOMER shall have the option to autonomously make these changes in the system. The Mobizon shall subsequently notify the CUSTOMER as of which date the switch can be made. In this case, the previous package shall terminate prematurely.
7.4 In the event that the CUSTOMER should terminate one package and switch to a less costly package, CUSTOMER shall back up all data that cannot be backed up in the less expensive package arrangement, prior to the expiration of the more expensive package’s term and shall remove these data from the PLATFORM. This will, for instance, occur in the event that the CUSTOMER makes a switch from a package that allows CUSTOMER to set up 10,000 contacts or 100 lists to a package that allows CUSTOMER to set up a maximum of 1,000 contacts or 10 lists. If the CUSTOMER should fail to reduce the number of data to the number required for the new package by the time the new package term begins, Mobizon shall have the right to reduce the number of data autonomously to the number permitted for the new package.
7.5 When switching to a more expensive package, all data shall be transferred to the new package.
7.6 The user agreement shall not be affected by the termination of a package.
8.1 CUSTOMER shall undertake to keep up to date any data provided during the registration process at all time and shall refrain from violating these GTC and applicable laws. In particular, CUSTOMER shall undertake to meet payment demands of the Mobizon in a timely manner. Furthermore, CUSTOMER shall ensure that CUSTOMER'S account is used exclusively by CUSTOMER. CUSTOMER shall treat CUSTOMER'S access data and the data archived on the site as confidential and shall ensure that third parties do not gain access to CUSTOMER'S data. If the CUSTOMER should culpably breach this duty, CUSTOMER shall be directly responsible for any resulting damages.
8.2 Moreover, CUSTOMER shall undertake to use the PLATFORM exclusively for its intended purpose (MOBILE MARKETING as defined in Sect. 1.4) and to observe all contractual and statutory provisions when using the PLATFORM. Any usage that goes beyond the purpose of the usage relationship shall be prohibited. In particular, CUSTOMER shall not be permitted to:
8.3 In the event of any violation of the provisions set forth in this Article, the Mobizon shall have the right to temporarily block the CUSTOMER account and / or the sending of ELECTRONIC MESSAGES or to terminate the user agreement extraordinarily. The type of sanction imposed shall depend on the type, severity and duration or the number of violations and shall be chosen at Mobizon discretion. A blockage of the CUSTOMER account or the suspension of the sending of ELECTRONIC MESSAGES shall be without prejudice to the term of the user agreement.
9.1 The Mobizon shall have the right to:
9.2 It shall be CUSTOMER'S responsibility to refute the facts or suspicions based on which recipients or lists have been blocked and to affect the unblocking of the recipient / recipient list. The CUSTOMER shall continue to have access to blocked recipients and / or recipient lists; however, CUSTOMER shall no longer be in a position to use them. This shall not apply if the Mobizon is mandated by law to delte the recipient / list of recipients.
9.3 Such blockages shall not affect the term of the user agreement.
10.1 The user agreement shall be made for the period specified in the package and may be terminated by either Party by the end of the period.
10.2 The above shall be without prejudice to the right to terminate extraordinarily for important grounds. Important grounds shall in particular have manifested themselves if:
10.3 In the event of termination by the CUSTOMER or in the event of extraordinary termination by the Mobizon, any residual credit balances that remain in the CUSTOMER account shall be forfeited. Such amounts shall not be refunded. The CUSTOMER account and any data remaining in the account shall be deleted two weeks after the termination of the user agreement. It shall be CUSTOMER'S responsibility to back up CUSTOMER'S data (in particular the LISTS OF RECIPIENTS) by other means prior to the expiration of the agreement.
The CUSTOMER will be solely responsible for the data sent to the PLATFORM. The CUSTOMER does not need to enter into a separate contract in the processing of data contracts pursuant to art. 39 LGPD.
12.1 The customer must commit to backing up the CUSTOMER'S data at regular intervals. The CUSTOMER is informed that inadequate data backup may result in having to assume concurrent guilt as defined in Article 945 of Law No. 10,406 of January 10, 2002 of the Brazilian Civil Code.
12.2 If the CUSTOMER should wish to back up data after CUSTOMER'S account has been blocked by the Mobizon, CUSTOMER shall take the initiative to contact the Mobizon. The Mobizon shall verify the concern and shall release the data to the CUSTOMER, provided Mobizon is mandated to do so by law and the data can be released from a technical perspective. It shall be CUSTOMER'S responsibility to get in touch with the Mobizon with regard to the release of the data. CUSTOMER is hereby advised that if the account is deleted, the data will be lost, and it will be impossible to recover the data at that point.
13.1The Mobizon shall assume unlimited liability vis-à-vis the CUSTOMER for all contractual, contract-like and statutory (including tort) claims for damage and expense compensation based on any legal grounds if Mobizon is culpable of acts of intent or gross neglect, in the event of intentional or negligent damages to life, physical injury or health damages, based on any warranty assurance, unless other provisions have been agreed upon or if mandatory statutory provisions apply.
13.2 If the Mobizon should violate a cardinal contractual duty due to negligence, the liability amount shall be limited to the contract typical, foreseeable damages unless unlimited liability is in effect as set forth in the previous section. Cardinal contractual duties are obligations the contract imposes on the Mobizon based on its content so that the purpose of the contract can be attained. Their fulfillment is the very basis for the proper performance of the contract and the contracting partner is in a position to regularly have confidence that such duties will be met.
13.3 Any other assumption of liability by the Mobizon shall be excluded.
13.4 The above liability provisions shall also apply with regard to Mobizon assumption of liability for Mobizon agents and statutory representatives.
13.5 he CUSTOMER shall indemnify the Mobizon against any third party claims raised against the Mobizon due to illegal acts of the advertising CUSTOMER – including the costs for mounting a legal defense in the amount permitted by law. This shall in particular apply if the CUSTOMER should send ELECTRONIC MESSAGES to recipients who did not provide the respective declaration of consent to receive such messages. In any event, CUSTOMER shall undertake to notify the Mobizon of potentially imminent third party claims.
The Mobizon shall treat personal data as confidential and in compliance with the statutory data protection legislation. Any sharing of such data in the absence of the express consent of the data subject shall not occur or shall occur only in conjunction with the necessary contract processing work. For more details, please consult the Mobizon Privacy Policy.
15.1 All contractual relations between Mobizon and the CUSTOMER will be governed by the laws of the Constitution of the Federative Republic of Brazil, subject to the exclusion of the applicability of the UN Convention on the International Sale of Goods (CISG).
15.2 If the CUSTOMER is a merchant, a legal person under civil law or a special entity under public law, the Mobizon domicile court, Est. Takashi Kobata, 1700 - Suzano SP, will be the competent court, unless an exclusive place of jurisdiction has been established for the dispute.
15.3 The Mobizon shall have the right to adjust its package pricing at regular intervals to the extent that Mobizon own costs for the rendering of the services increase. Existing CUSTOMERS shall be notified of such price adjustments at least one month prior to the effective date of the price change via e-mail. This shall not apply to the varying prices for the SMS service and other ELECTRONIC MESSAGES. Unless the existing CUSTOMER objects by the deadline set in the change notification, CUSTOMER'S agreement with the change shall be presumed. The notification about the intended price adjustment shall alert CUSTOMER to the deadline and the consequences of objecting to the change or the failure to object. If the CUSTOMER should not agree with the price change, CUSTOMER shall have the option to extraordinarily terminate the subscription at the time the price change becomes effective. This clause shall be without prejudice to Sect. 6.2.