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Terms and Conditions

Thank you for joining the Go4Mobility community!

1. SkySMS Plataform

1. SkyVoice Plataform

The use of our services implies the knowledge and acceptance of all these Terms and Conditions as well as of the General Conditions. Thus, we strongly advise you to carefully read these documents before subscribing and / or using any services. Compliance with these terms and conditions is a requirement for access and use of our services.

2. Use of our Services

Go4Mobility will provide the User with a personal access code for the Platform. Additionally, access to the technical description documentation of the programming interface will be made available through a dedicated address for this, which will allow the User to immediately start using the Go4Mobility SMS services through the SkySMS Platform.

The use of our Platform and our Services must be done in a manner consistent with applicable laws, the General Conditions and these Terms and Conditions. Thus, Go4Mobility reserves the right to suspend or stop providing the services to the User, in the event of an improper or nonconforming use with any of the above provisions.

Go4Mobility does not collect or otherwise intentionally processes data from children. Liability for supervising the child, particularly when using technological means, rests with the holder of parental responsibilities.

However, Go4Mobility is committed to immediately delete personal data relating to children, should it be notified by the holder of parental responsibilities of the collection of said data.

All rights on the SkySMS Platform are and shall remain the property of Go4Mobility.

In accordance with the law and these Terms and Conditions, the User is not authorized: (i) to conceal any indication of intellectual property, namely, the brand or contents related to the intellectual property of any area of the SkySMS Platform; (ii) to exploit the SkySMS services, in a manner not expressly permitted by Go4Mobility or prohibited by applicable intellectual property law; (iii) to dismantle the SkySMS Platform in any way, except as permitted by applicable law; (iv) to build links or play through frames the contents available on the Platform or any part of the SkySMS Platform itself; (v) to use any programs or scripts in any way to withdraw data from the SkySMS Platform or unduly overload and / or disable the operation and / or functionality of the SkySMS Platform, or (vi) to seek unauthorized access to the SkySMS Platform or impair any aspect of the SkySMS Platform or its systems or networks.

3. Conditions for Use and Operation of the SkySMS Platform

What are the conditions of access?

To access the services provided by the SkySMS Platform, your acceptance of these Terms and Conditions and of the General Conditions is required, and subsequently a User account will be created.

The User is committed to the truth, correctness and accuracy of all information that he submits. If the information is not accurate, complete or correct, Go4Mobility may prevent the User from accessing the SkySMS Platform.

For reasons of security and protection of the User account integrity, Go4Mobility strongly recommends that the confidentiality of the password is maintained. The User account cannot be transmitted and the User will always be held responsible for the activity of his account.

Go4Mobility cannot be held responsible for any misuse of an account.

It is also the obligation of the User to immediately notify Go4Mobility in the event of unauthorized use or disruption of the Account security.

The creation of an Account grants the User the right of access to the SkySMS Platform and to use its services, according to the General Conditions and these Terms and Conditions.

How does the SkySMS Platform works?

The SkySMS Platform enables the use of the Go4Mobility SMS services by the User who has agreed with the General Conditions and these Terms and Conditions. In this way, the User can access a technologically advanced and reliable platform to take advantage of the Go4Mobility SMS services.

The use of SkySMS Platform implies acceptance by the User of the storage, analysis and monitoring of contents. The purpose of these activities is to improve the services provided to the User by Go4Mobility.

4. Personal Data Policy

In providing its services, Go4Mobility does not directly access personal data, it receives, and treats said data in a pseudonymised way thus, as a rule, it will not be able the match the personal data and their data subject.

Should any claim or complaint be presented by the data subjects, Go4Mobility shall have access to personal data for that same purpose, in which case it shall treat said data in the strictest and most rigorous compliance with the provisions of the Data Protection General Regulations and other applicable provisions, as well as the Go4Mobility Privacy Policy.

For more information and details on this subject, please see Go4Mobility Privacy Policy.

5. Provisions on changes and cancellation

Go4Mobility has the right to update and amend these Terms and Conditions as and when necessary.

Any SkySMS Platform software updates must comply with the provisions of these Terms and Conditions.

It is highly recommended to regularly consult these Terms and Conditions. The continued use of the Platform, after any changes have been made to these Terms and Conditions, presumes full acceptance of all such updates and / or changes.

Any changes made to these Terms and Conditions shall prevail under these Terms and Conditions.

In case of discontinuation or cancellation of the services in the cases provided in the General Conditions and these Terms and Conditions, Go4Mobility will make every effort to warn the User with reasonable notice.

6. Interpretation and Dispute Resolution

The interpretation and resolution of any dispute arising out of these Terms and Conditions shall be governed by the Portuguese law. The competent court for the resolution of any dispute chosen by the parties is the District Court of Lisbon, expressly waiving any other jurisdiction.

In the event of a dispute, the User who is a natural person may also resort to any of the following alternative dispute resolution entities, without prejudice to the foregoing:

CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (National Centre for Information and Consumer Disputes Arbitration)

http://arbitragemdeconsumo.org/

Centro de Arbitragem da Universidade Autónoma de Lisboa (CAUAL) (Arbitration Centre of the Autonomous University of Lisbon)

http://arbitragem.autonoma.pt/

Lisbon Arbitration Centre for Consumer Disputes

http://centroarbitragemlisboa.pt/

For more information please consult the Consumer Portal at http://www.consumidor.pt/ and the European platform for online dispute resolution at http://ec.europa.eu/consumers/odr/

The Sky Voice Platform enables the use of the service of numbering DIDs of Go4Mobility by the User who has agreed to these Terms and Conditions. Thus, the User can access a platform technologically advanced and reliable to enjoy the services of Go4Mobility. Its use requires the existence of Internet access and a browser to use the application. The browsers advised by Go4mobility are as follows: Google Chrome, Safari, Mozilla Firefox, Microsoft Edge.

2. Use of our Services

The Platform is available at https://skyvoice.go4mobility.com/ and provides the following functionalities:

2.2. The use of these functionalities is reserved for Clients of the Platform, meaning Users registered with a user account on the Platform.

2.3 Access to the platform is provided for the exclusive use of the Client, who is responsible for the proper and timely compliance with these Terms and Conditions.

2.4 The Client must use the platform only for the purposes for which it is intended and must undertake not to use it or allow it to be used by third parties for any purpose contrary to the law and these Terms and Conditions.

2.6 The ClientClient may not attack or misuse the platform by any means.

2.7. The ClientClient undertakes not to interfere, intentionally, in the proper functioning of Go4Mobility’s servers.

3. Account and Access

3.1 Eligibility

To access the Platform and benefit from the use of the services provided by Go4Mobility, the Client must:

  • Create an account on the platform;
  • Provide the data that identifies the user - Email Address, Mobile Number, Name, among others.
  • Access will be provided upon acceptance of these Terms and Conditions.
  •  With the completion of the registration process, the Client will gain access to the Platform at no cost, being subject to the price of the services provided on the Platform in accordance with the price list in force. Go4Mobility reserves the right to change the conditions of eligibility for access to the Platform at any time.

3.2 Deadline

When the ClientClient registers and creates, or is assigned an account on the Sky Voice Platform and agrees to the Terms and Conditions, the Contract between Client and Go4Mobility begins. It shall continue for as long as the ClientClient maintains an account on the Sky Voice Platform or until either party terminates the Agreement in accordance with these Terms, whichever occurs first.

 

3.3 Suspension, cancellation of service and contract termination

3.3.1 Go4Mobility reserves the right to cancel, at any time, the service and the contract of any Client who violates the Terms and Conditions of the Platform, or in more general terms, who fails to comply with local laws, including but not limited to, the General Data Protection Regulation (Regulation 2016/79), Law no.No. 67/98 of 26 October (personal data protection law) and Law No. 69/98 of 28 October (treatment of personal data and protection of privacy in the telecommunications sector), as well as any other legislation that may be applicable.

3.3.2 Furthermore, Go4Mobility reserves the right to suspend, preventively, the services, if it detects any anomaly, legal violation, or if Go4Mobility realizes some non-compliance of the service, act freely to clarify and resolve this non-compliance. If it does so, Go4Mobility shall communicate this decision to the Client that, in order to put the service back to functional, shall provide sufficient evidence that it complies with the provisions of these Terms and Conditions and other relevant legislation in force.

3.3.4 Go4Mobility reserves the right to deactivate the platform at any time, upon adequate notice sent to the Client Client, developing the best efforts so that the notice is held with the greatest possible advance notice. The ClientClient will not be entitled to any reimbursement by Go4Mobility resulting from the deactivation of the platform.

 

3.3.5  The Client has the right to terminate the use of the platform and the service when it so desires, without any commitment, simply by closing your account on the platform or through a written request to Go4Mobility. Go4Mobility advises the Client to use the existing balance in thee account in its entirety since it will not be refunded.

 

3.4 Inactivity of the account

If the Client account is inactive for 12 months or more, Go4Mobility may delete the account without place to compensation for values paid or refund the existing balance in the account of the Platform not used. The Client accepts that, after the closure of your account, all data associated with it will be deleted, including personal data.

 

3.5 Account Access Credentials

Data access to the Client area in the Sky Voice platform are personal, non-transferable, and serve the exclusive use of the Client, so that the same shall keep confidential the elements corresponding to their personal identification (username and password), not revealing them to third parties, not being the responsibility of Go4Mobility any losses resulting from abusive use of the same. The Client undertakes to inform Go4Mobility if it has knowledge of the misuse of their data access, including the breach of confidentiality of the same. If there is access to service by unauthorized third parties, regardless of whether due to voluntary or involuntary behavior of the Client, the responsibility of such use will always be exclusively of the Client.

 

3.6 Account Details

Go4Mobility may update any contact information in the Client's account for the purposes of good billing of the services of the Platform. The Client also declares that all information provided by you in the creation and management of accounts to which you have access are and will remain complete and accurate.

4. Rights of Go4Mobility

4.1. Go4Mobility reserves the right to:

Send communications/notifications to Platform Clients related to the service/platform (new functionalities, service maintenance, payment notifications, etc.).

 

Change these Terms and Conditions at any time and without prior notice. Changes to the Terms will be effective upon their publication or the effective date indicated in the new Terms, as applicable, for this reason we advise you to consult the present terms of use regularly.

5. Personal Data Protection

Go4Mobility is the entity responsible for the treatment and the data in question will not be used for any other purpose, being retained for the duration of the provision of the Service. It is understood that the Service will last as long as the Client keeps active his registration as such with Go4MObility. You shall only communicate the identified data to your service providers for the purpose described. You may exercise your rights under the law (access, rectification, erasure, limitation, opposition, portability) by writing to the following email: compliance@go4mobility.com. You may withdraw your consent at any time. We recommend that you consult our Privacy Policy, which provides all the applicable conditions.

6. Intellectual Property

6.1 The Client acknowledges that the Platform, as a computer program / software, as well as its contents, are protected by intellectual property rights and is obliged to respect such rights, so it is not allowed to use its contents (text, images, graphics, animations, videos and other) without the prior permission of Go4Mobility.

6.2 All brands and logos that may be shown on the Platform are also protected by intellectual property rights and their use and reproduction by any means is strictly forbidden without the express, prior authorization of the respective owners of said rights.

 

7. Responsibility

7.1 The platform has the appropriate levels of security and Go4Mobility may not be held responsible for any losses incurred by the Client or third parties due to possible delays, interruptions, any failure caused by the communications network or communications services provided by third parties, failures in the computer system, the modems and / or any connection software.

7.2 Go4Mobility will take the necessary measures to ensure that the platform does not contain, nor suffer violation by any kind of computer virus harmful to your computer. However, Go4Mobiity cannot be held responsible for any element that will damage the computer of the user of the service.

8. Limitation of liability

8.1 In no event shall Go4Mobility, its directors, employees, agents, partners, suppliers be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the subject matter of these Terms and Conditions for any lost profits, lost revenue, loss of reputation or goodwill, loss of data, cost of procurement of substitute goods or services, or special, direct, indirect, incidental, punitive or consequential damages of any kind (regardless of their origin). The foregoing exclusions do not apply to gross negligence or willful misconduct.

 

8.2 Apart from the above, Go4Mobility shall not be liable for damages or losses of any kind that may result from:

  • Use or inability to use the Platform, including, in particular, delays, interruptions, errors, interference with and suspension of communications, omissions, Trojan horses, viruses, bugs, and damage and/or malfunctions;
  • Delays or blockages in use caused by deficiencies or overloading of the Internet or other electronic systems;
  •  Suspension, malfunction or unauthorized use of the servers on which the Platform is hosted;
  • Delays, interruption, incorrect operation or malfunction of the systems and networks of third parties that connect to the Platform;
  • Illegitimate actions by third parties.

9. Suspension, cancellation of service and contract termination

9.1 Go4Mobility reserves the right to cancel, at any time, the service and the contract of any Client who violates the Terms and Conditions of the Platform, or in more general terms, who fails to comply with the law, in particular, but not limited to, with Regulation

(EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ("RGPD"), as well as other legislation that may be applicable.

 

9.2 Furthermore, Go4Mobility reserves the right to suspend, preventively, the Services, if it detects any anomaly, legal violation, or if Go4Mobility realize some non-compliance of the Service, and may act freely to clarify and resolve this non-compliance. If it thus proceeds, Go4Mobility shall communicate this decision to the Client, which, to put the Service back into operation, shall provide sufficient evidence that it complies with the provisions of these Terms and Conditions and other relevant legislation in force.

 

 

9.3 Go4Mobility reserves the right to deactivate the Platform at any time, subject to adequate notice sent to the Client, making every effort to ensure that the notice is given as far in advance as possible. The Client shall not be entitled to any reimbursement by Go4Mobility resulting from the deactivation of the Platform.

 

9.4 The Client is entitled to cease using the platform when it so wishes, without any commitment, simply by closing your account on the platform. Go4Mobility advises the Client to use the existing balance in your account in its entirety since it will not be refunded

10. Exclusion of guarantees

10.1 Use of the Platform is at your sole risk. Except as expressly set out in these Terms and Conditions, the Application is provided "as is" and "as available" and to the fullest extent permitted by applicable law, excluding any warranties and representations, whether express, implied or statutory, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement or warranty of uninterrupted services, all of which are expressly disclaimed.

10.2 Go4Mobility does not warrant that (i) the Platform will meet your requirements, (ii) the application will be uninterrupted, timely, secure, or error free, (iii) any results, advice, recommendations, or information that may be obtained from the use of the Platform will be accurate, precise, complete, or error free or reliable, or (iv) the quality of the application, features, information, or other material obtained by you through the Platform will meet your expectations.

11. Client Support

11.1 Go4Mobiity will clarify to the Client all his doubts about the use of the service, through e-mail to info@go4mobility.com , or by telephone through the Client Support Service 210 337 760.

 

11.2 The technical support referred to in the previous point will not, under any circumstances, be provided at home, in person or in person or directly on the Client's equipment or software.

12. Confidentiality

11.1 Go4Mobiity will clarify to the Client all his doubts about the use of the service, through e-mail to info@go4mobility.com , or by telephone through the Client Support Service 210 337 760.

 

11.2 The technical support referred to in the previous point will not, under any circumstances, be provided at home, in person or in person or directly on the Client's equipment or software.

12. Confidentiality

12.1 Go4Mobiity will ensure the confidentiality of the Client's personal data and content.

 

12.2 In the course of providing Client Service, Go4Mobiity may have access to information transmitted and/or received by the Client. The disclosure of this information may only occur with the consent of the Client or by court order or when, for reasons of force majeure, disclosure becomes necessary. Go4Mobiity will maintain the confidentiality of the information to which it has access under these terms.

13. Law and jurisdiction

This Agreement is governed by Portuguese law and the parties agree to submit any matter arising from its application, interpretation or execution, which the parties do not resolve amicably, to the exclusive jurisdiction of the district court of Lisbon, with express waiver of any other.

14. Notifications

For notification purposes, Go4Mobiity may use any email address or physical address listed in the Client's account, including contact information associated with the primary contact, billing contact or profile information

If you have any questions about our Terms and Conditions, please contact us at info@go4mobility.com .

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