terms and conditions

M-STAT SA, service and mobile phone content providers (www.m-stat.gr), creators of the "dosms" service, offer their services through the website www.dosms.gr under the following terms:

The visitor/user of the website is expected to read carefully and proceed to visit/use the pages/services only after accepting them completely. In case of disagreement, one should not make use of the service, otherwise it is presumed that he accepts them and agrees to abide by them. The following terms of use apply to all the content that is generally included in the pages of the website. M-STAT reserves the right to modify the terms and conditions at any time and the visitors/users are required to check every time for any changes. If one continues to use the site and service it is automatically deemed that he accepts the modified terms and conditions. In the opposite case, one should refrain from using/visiting the dosms website.

preface

M-STAT provides visitors/users of the www.dosms.gr website with an advanced communication platform that allows the user to send instant messages to any network subscriber of mobile operators in Greece and other supported countries, having first deposited the requisite amount using the available methods (sending SMS, payment via PayPal, bank deposit). The website www.dosms.gr may include all forms of advertising. The existing and any new services on the website www.dosms.gr are subject to these terms of use, unless explicitly stated otherwise. The visitor/user of the dosms service understands and accepts that all of the pages/services are provided "as is" and dosms disclaims any liability related to the limited duration, remission, poor performance or failure of any electronic storage of data users and/or any services.

The visitor / user is responsible for accessing the dosms service. Access may require payment of fees / charges to third parties (ex. internet service providers, PayPal, bank institutions). The visitor / user is solely responsible for the payment of relevant fees / costs. Furthermore, the visitor / user is solely responsible for his own equipment with the necessary technological means allowing access to the dosms.gr service.

operation of dosms

The dosms service is used only for sending messages to recipients who belong to Greek mobile networks as well as supported networks from abroad which are listed in the "countries and values" page of dosms.gr. The dosms service is linked with telecommunications companies with which M-STAT S.A. cooperates. Therefore, any changes to existing networks are likely to induce changes and affect the general operation of dosms. The delivery report is also affected by the operation of mobile networks. In each case M-STAT will make every effort to provide reports on service delivery of SMS sent via dosms. In the case of mobile number portability (phone number transferred from a mobile network to another) it may not always be feasible to provide delivery reports. Since the service depends on the cooperating mobile network companies, M-STAT cannot fully guarantee the delivery of SMS messages if a problem occurs to the mobile network itself. However, M-STAT aims at the smooth SMS delivery through the dosms service to recipients of all mobile networks. M-STAT by no means guarantees uninterrupted and error-free provision of services or even the lack of "viruses" in the site www.dosms.gr. If M-STAT decides upon the temporary or permanent removal of the dosms service, the company will return the full balance amount that is available in each user’s account at the time of the service’s removal.

pricing and Credits using dosms

The dosms service charge is calculated per SMS sent. The charges for the SMS sending depend upon the country the SMS is sent and are fixed for all mobile network carriers of that country. The SMS rates can be found in the Prices page of the dosms website.

M-STAT reserves the right to change the price list and charges without notice. If the purchase of SMS is done electronically via PayPal, the company has no access to the user’s financial data but only to the e-mail address used as a PayPal ID. If the SMS purchase is made through a bank account deposit, the company is only provided with the data supplied by the banking institution, as proof of the transaction. The available balance of the user to the service has no expiry date - remains registered in the user's account. At no occasion may the user cash in the balance available in his account, unless the company decides to stop the operation of www.dosms.gr and in that case only, the exact amount of the user’s balance will be returned.

registration

If the visitor/user wishes to subscribe to the dosms service he must agree to: a) provide true, accurate, up-to-date and complete information concerning the data requested by dosms in the registration form for accessing the content/services of dosms and b) maintain and update the registration data in order to be accurate, reliable, up-to-date and complete.

unsubscribe

If the user wishes to unsubscribe the dosms service then an email request indicating user's intention to unsubscribe should be sent to support@dosms.gr stating clearly the mobile number (MSISDN) in international format that is used by the user as user name for the dosms service. Within 2 working days M-STAT will unsubscribe the user from the dosms service. If the account deletion is a user request, M-STAT is not obliged to refund any remaining balance that may exist in user's account.

member's account

Upon acceptance of the terms of use of the site and completion of user registration, dosms registers users as members and provides them with the services described herein. Once the visitor/user completes the registration process defined by dosms, he/she will receive via SMS a personal confirmation code (password) on his mobile that is indicated as a username. Members remain solely responsible for all activities that occur under their personal password, name, and general use of their account (user account). Members are solely responsible for the careful use of their account and formal exit from their account at the end of each use (Logout). Furthermore, members agree to immediately notify dosms for any unauthorized use of their account as well as any potential security breach. Dosms is not responsible for any damage or injury resulting from the inability of members to respect and follow this provision.

members ethics

It is mutually agreed and understood that although dosms provides users/members with the necessary technological infrastructure and tools for mass text messaging, all content, remains under the sole responsibility of the person or entity from which the content is originated. This means that the user/member is solely responsible for any and all messages sent through the dosms service. Dosms, due to its volume, will not be able to check the entire content of messages sent by users/members, so it does not guarantee the accuracy, integrity, legality or quality of the content of messages. M-STAT does not provide phone numbers to be used as recipients and therefore does not support sending SMS without user consent (spam). M-STAT will not communicate, in any way, with the recipients of SMS sent through the dosms service. The sole communication by dosms service will be in the case where such is considered necessary by M-STAT. M-STAT preserves the right to contact dosms registered users for matters concerning the dosms service or other advertising reasons. For the completion of the user/member registration it is necessary to receive the password via SMS on the user’s mobile phone. Due to the fact that the mobile is a personal item, the user is responsible for the security of his mobile and the way it is going to be used by the dosms service. Thus, to send SMS through the service, the user must own the designated mobile number which will be provided as the operating address in the dosms account. In no case will dosms be considered responsible for the content of the sent messages. In the event where the service receives notification that any content sent is causing moral harm or other damage to a third person, or in the case of an official complaint from a recipient of unsolicited SMS or breach of the Terms of Use, M-STAT reserves the right to investigate the account and terminate the account of the user/member who violates the terms of this provision without returning the amount equivalent to the available balance of the user/member account. The user/member of the dosms service must firstly comply with the rules and regulations of the Greek, European and International Law and the laws governing telecommunications, and refrain from any illegal and improper use of content and the dosms service. According to the terms of use of the dosms service it is forbidden to send SMS with content that:

  • Promotes the establishment of unsolicited or unauthorized advertising or other promotional content, sending of unwanted and unbidden messages and any other form of unwanted content.
  • Is unlawful, harmful, threatening, harassing, tortuous, defamatory, vulgar, violent, abusive, racist or otherwise objectionable, violates the personality and private data, hateful, and / or any other penal offense.
  • May harm minors in any way.
  • Imitates any legal or natural person, masquerading as principle or provides a false statement about the identity of the user / member or misleading statement about the relationship and / or cooperation of the user/member with another person or entity.
  • Violates any intellectual property rights of any bodies or discloses trade secrets.
  • Is a forgery or other alteration of the identification of users/members in order to mislead as to the origin of content transmitted through dosms.
  • Interferes with the services or targets to the disruption of services or servers or networks connected to the service of dosms, or violates the conditions, procedures and rules for using these networks.
  • Violates, intentionally or unintentionally, any local, national, European or international legislation and / or any lawful regulations and terms and / or covers the dosms service.
  • Interferes in any way with the privacy and civil and social rights of others.
  • "Links" to other sites

The www.dosms.gr website is not responsible for the content and services of other sites to which it refers through links (hyperlinks) or advertising banners, nor guarantees their availability. Problems that may arise during the visit/use of the websites to which we refer the user/member, exclusively belong to the responsibility of the respective websites and it is with them that the user/member must come in contact with. Reference to other sites are for the convenience of users / members and in no way creates any kind of commitment to M-STAT. M-STAT has no responsibility for the communication of the user / member with the third party service providers who advertised in www.dosms.gr for any commercial transaction that may arise from their relationship.

changes and amendments to the terms of use of dosms

M-STAT reserves the right to change the charges of the dosms service without notice. Any changes in the operation of the mobile network operators or telecommunications services partner organizations can lead to changes in the pricing of dosms. Similarly there may be changes in the compatibility of the dosms service with any of the Greek mobile telephony networks. M-STAT reserves the right to change these Terms of Use. Any changes will be reported to the Terms & Conditions section and will be marked so as the differentiation of these Terms to be distinct.

intellectual and industrial property

The entire content of dosms including, the service creation, texts, news, graphics, photographs, illustrations, pictures, services, and generally any kind of file is copyright protected and governed by national and international copyright law, except those explicitly recognized rights of others. Therefore, any reproduction, republication, copying, storage, sale, transmission, distribution, issuance, execution, download, translation or modification in any way is forbidden without the express prior written consent of M-STAT.

privacy

The management and protection of the user’s/member’s personal data shall be governed by the terms of this Agreement and relevant provisions of both the Greek and European law. The personal information collected by www.dosms.gr is the following:

  • User's/member's mobile phone number
  • Personal entry code (Password)
  • PayPal ID (if a deposit is made through PayPal)
  • Statistics – SMS history
  • Mobile phones numbers of other users

The above mentioned data are not disclosed to third parties (except as provided by law to relevant authorities) and remain private. www.dosms.gr stores sent messages for the users / members own use, but also for communication reasons as well as improvement of the services provided. Moreover, in the case of "links" to other websites, www.dosms.gr is not responsible for the management and protection of personal data they observe. In any case, the user / member of the service may, after contacting the relevant department and determine the existence of a personal record, request the deletion, correction or change of it. Minors may have access to www.dosms.gr only with the consent of parents / guardians.

indemnity

It is expressly agreed hereby that in case M-STAT is brought against any actions, claims, administrative or judicial action arising from any form of violation of any visitor/user/member, he /she undertakes both to intervene in such action arising process and to indemnify M-STAT if forced to pay compensation or other expense.

applicable law and other provisions

The Agreement is governed by the provisions of Greek Law, the Rules and Directives of European law and relevant international provisions, construed in accordance with the rules of good faith, business ethics and the economic and social purpose of the Law. If any provision is found contrary to the law and therefore void or voidable, shall automatically be ineffective, but in no way will affect the validity of other conditions. No modification of the terms of this contract will be taken into account and be a part of it, unless expressed in writing and incorporated in it.

operation of dosms

The dosms subscribed member consents to receiving SMS messages from M-STAT and its affiliates.