| Terms Of Service |
You must be old enough to enter into a binding legal obligation. These Terms and Conditions are a binding Agreement between you and m1.be. By downloading and installing our software or using our service you represent that you are old enough to enter into a legal obligation and are agreeing to these Terms and Conditions.
1. Scope of Agreement
m1.be shall provide access to its SMS messaging services to its users under following conditions. By registering to our website www.m1.be, the user agrees with the terms specified in this contract. The contract is deemed established as soon as the username and password required to use m1.be's services have been displayed on screen or sent by m1.be to the user via e-mail. If offerings or specifications exist on our website which are contradictory to these terms, the latter prevail.
2. Usage of International SMS
2.1. Authorization and Authentication
After the user has completed online registration, a username and password will be confirmed and sent to the user via e-mail and then user must send a text message to m1.be to confirm the user's mobile number. This login information serves as identification of the user to m1.be. m1.be will perform no further authentication of the user's identity. The user agrees that all website activities which can be traced to their username and password are deemed as having been performed by the user themselves and are legally binding for them. The user is responsible for careful use and storage of the username and password. We recommend changing the assigned password when first using the service; additionally, we urge the user to change the password regularly and take other appropriate measures to prevent misuse or theft of login information.2.2. Risks
The user agrees that, by definition, access to the Internet, the Mobile Network and other communication media is associated with risks concerning authentication, data security, privacy, availability of services, reliability of transmission etc. The user agrees to bear full and exclusively responsibility arising from such risks and consequences of the user's usage of m1.be services. The user agrees that all website activities which can be traced to the user's username and password are deemed as having been performed by the user themselves and are legally binding for the user.
2.3. Limitation of Liability
The services and all information, products and other content (including third party information, products and content) included in or accessible from this web site, are provided "as is" and are subject to change at any time without notice to you. To the fullest extent permitted by law, m1.be disclaims all representations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and other content (including third party information, products and content) included in or accessible from this web site. In no event shall m1.be or any of its affiliates or content providers be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of this web site or the services.
2.4. Permitted Use of Software
You are permitted to download one copy of the software on any single computer, provided you keep intact all copyright and other proprietary notices. Alteration of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment, is absolutely prohibited.
2.5. Copyright & Trademarks
m1.be respects the intellectual property of others, and we ask our users to do the same. m1.be may, in appropriate circumstances and in its sole judgment, terminate the accounts of users who violate the intellectual property rights of others.
The m1.be software, name and logo are trademarks of m1.be. All other trademarks that appear within The m1.be software service are trademarks of their respective owners. Partners of m1.be may also have supplementary proprietary rights in the content that they offer through the service of The m1.be software. You may not change, publish, transmit, partake in the transfer or sale, create imitative works, or in any way exploit, any of the Content, in whole or in part.
Software made available by m1.be, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by m1.be pursuant to a license agreement governing the Software. m1.be does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or in any other way reduce the Software to a human-readable form.
3. m1.be
m1.be is an independent website and provides SMS services to the users as described on the website www.m1.be.
3.1. Access to m1.be
m1.be makes its best efforts to provide SMS services on the website 7 days a week, 24 hours a day, 365 days a year. In order to use the service, the user must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. All fees are payable upfront, prior to credits being activated. In addition, the user must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3.2.1. Delivery
The user acknowledges that m1.be delivers SMS messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery resp. transmission of SMS messages within the technical constraints imposed by the above-mentioned providers. SMS messages submitted via m1.be will be transferred to the addressed mobile recipients within variable times as dictated by congestion, provided that the recipient's phone is switched on and located in an area covered by his/her subscribed mobile network provider. Delivery of every message is not guaranteed. m1.be will do its best to deliver each requested message but cannot be held responsible for issues beyond our control: network failures/delays, carrier failures/delays, technical failures. User is charged only when m1.be is charged.
3.2.1. Fees, Payment and Your Right To Cancel
Fees. In consideration for the use of m1.be's services, the User shall pay to m1.be a transaction or subscription fee (as appropriate) for messages delivered or partially delivered using any available delivery method, at the applicable rate then in effect. m1.be may from time to time offer limited time "Free Trial" or similar promotions during which no transaction fees or reduced transaction fees shall apply. Such promotions are intended for Users to test the capabilities of the Service and/or for casual, personal use only. During such promotions, all provisions of this Agreement shall remain in full force and effect.
All fees are payable upfront. Failure to purchase credits upfront will result in suspension of the services. Upfront payment refers to a payment that is made within a reasonable time so as to allow m1.be to add the SMS credits to the User's account.
Payment. Transaction fees are due and payable at the time of or before m1.be delivers a message to the User's recipients, via every method of delivery based upon the billing plan selected by m1.be. Payment shall be deemed to have been made as soon as the fee is available in m1.be's bank account.
Termination or Cancellation by the User. The User is free to terminate or cancel this Agreement at any time, and for any reason; provided, however, for such termination or cancellation to be effective, the User must carry out such termination in accordance with the policies and procedures established by m1.be, which will be posted in the Billing Information section or similar location within the m1.be web site. Any questions concerning the appropriate method by which to cancel this Agreement, should be addressed to complaints@m1.be.
Should there be a cost increase AFTER the User has purchased message units from m1.be; m1.be will give the User 14 days' notice of such an increase, which will be applicable to such credits that are still in the User's message unit account. Within this notification period the User may decide to continue with the service and the said increase, or to suspend the service upon which m1.be will refund the User to the value of any message unit credits that may be left over in the User's account.
The User acknowledges that m1.be is dependant on various telecommunications networks and institutions for the delivery of its messages and that m1.be may adjust its prices and offering, should the prices be adjusted due to reasons which are not in m1.be's control. m1.be undertakes to notify the User of such adjustments in writing, prior to implementing such adjustments. Should there be a cost increase AFTER the User has purchased message units from m1.be; m1.be will give the User 14 days' notice of such an increase which will be applicable to such credits that are still in the User's message unit account. Within this notification period the User may decide to continue with the service and the said increase, or to suspend the service upon which m1.be will refund the User to the value of any message unit credits that may be left over in the User's account. Should the User's account not have any credits left, the said account will automatically expire. The account will be re-activated upon payment for new message units. Any message units purchased must be used up within 120 days from the date on which it had been purchased. m1.be may extend this period on a case-by-case basis at its sole discretion.
Refunds for SMS message credits: There are no refunds. Use our free service as long as you like. You should only become a paid user if you are satisfied with this service and need to send more than the free allotment.
Refunds for branding fees, licenses, monthly administration fees, and any other fee that the User pays to m1.be, which excludes all SMS message credit fees: no refunds will be made for any fees which are not related to SMS message credits.
Credit-based billing principles. m1.be is able to charge variable amounts of credits per message sent through its system. These variable amounts are published on m1.be's coverage pages from time to time, and m1.be charges the published rate when a message is sent through the system. The User understands that the number of credits to a specific destination network may change due to various factors, and that m1.be may adjust these rates whenever it deems it necessary to do so.
Purchasing rules: M1.be can place any limits on purchasing credits. User's email address listed in M1.be control panel must match payer email address used at time of purchase. If email addresses do not much, credits will not added. The same payer email address cannot be used for more than one M1.be account.
4. User's Liability
4.1. Disruptions and Damages.
If the user causes damages or disruptions of the website or system applications of m1.be by bad intent, they become liable for all direct and incidental consequences and associated costs.4.2. SMS Content
The user assumes full responsibility for the content of SMS messages transmitted by themselves or by a third party on their request. The user agrees to abide by all laws and regulations applicable to the content and intent of SMS messages transmitted by them. The user assumes liability for all consequences and costs arising out of offenses against such regulations. The user must ensure that their SMS delivery does not cause disturbance or harassment of a recipient or other third party. The user agrees to refrain from sending SMS messages containing offensive, violent, pornographic, or discriminatory, or otherwise illegal content. The user is not permitted to send SMS messages to recipients who have made clear that they do not wish to receive SMS messages or advertisements via SMS. The user agrees to indemnify and hold m1.be, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content the user transmit through the service, the user's use of the service, the user's connection to the service, the user's violation of the Terms of Usage, or the user's violation of any rights of another.
4.3. Identification of SMS Originator
Each SMS message transmitted must contain an existing and authorized user service phone number belonging to the user or authorized for use as such by the owner of the phone number. m1.be will not deliver SMS messages without originator information.
4.4. Termination
You agree that m1.be, in its sole discretion, may terminate your password, account (or any part thereof) or use of the service, and remove and discard any content within the service, for any reason, including, without limitation, if m1.be believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Usage. m1.be may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this Terms of Usage may be effected without prior notice, and acknowledge and agree that m1.be may immediately deactivate or del ete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that m1.be shall not be liable to you or any third-party for any termination of your access to the service.
4.5. Financial obligations of m1.be upon Termination and/or Cancellation. Should the termination of services result in a situation where the User still has credits (or messages that are pre-paid) at any stage, the User shall lose the monetary value of such credits.
5. Referral Program
User earns free credits in the amount of 10% of purchases from customer referred by user. Credits will be added to users balance at time of payment by those referred. M1.be reserves the right to limit total credits earned and to end the referral program at any time. M1.be can at its sole discretion remove referral status for an account. The referral incentive is only for accounts created and utilized by new customers. Additional accounts for existing users do not qualify for referral credits.
6. Property
All communication media and systems associated with m1.be's website and the underlying services remain the property of m1.be.
By using the services, the user does not obtain any rights in the infrastructure, content or software associated with the services.
7. Interpretation
If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected.
You must comply with all laws, regulations, obligations and restrictions that apply to you. This Agreement may not be modified, except in writing signed by an authorized officer of m1.be. No failure or delay in enforcing any term, exercising any option or requiring performance, shall be a waiver of that or any other right.
8. Modification of Terms
Modification of Terms. m1.be frequently updates, modifies, and otherwise continually seeks to improve the m1.be services and products. Such changes often dictate that m1.be simultaneously modify m1.be's Terms and Conditions of Use. As such, m1.be shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of the m1.be service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the User of the Service after any such change has been posted, shall constitute the acceptance of any such changes. If the User does not agree with any such changes, the Service may be canceled in accordance with the procedures for cancellation set forth in this Agreement. The User acknowledges its responsibility to review this Agreement from time to time and to be aware of any such changes.