Terms of Service

Welcome to Elitbuzz Technologies DMCC

These Terms govern use by the Clients of the Services that Elitbuzz Technologies DMCC provides via the Website or Software.

These Terms also apply to other visitors and users of the Website and Software, who are not registered Clients of Elitbuzz Technologies DMCC and do not use the Services.

These Terms are addressed to “you”. According to the context “you” shall mean the Clients, authorized representatives of the Clients, who are using the Website, Software and Services on behalf of the Clients, other visitors and users of the Website and Software, who are not registered Clients of Elitbuzz Technologies DMCC, the recipients of the Services and all other subjects to whom these Terms may apply.

Please read these Terms carefully prior to using the Website, Services and Software.

Definitions
1. Client(s) means legal entities (an entity other than a natural person), who register themselves on the Website and use it and the Software according to these Terms for the purpose of using the Services.
2. Content means any messages, comments, videos, audio clips, music, data, text, photographs, software, scripts, graphics or any other content generated, provided or otherwise submitted by the Clients and other users to Elitbuzz Technologies DMCC in the course of using the Website, Software and Services.
3. Services means a business text-messaging service as specified in clause 3 below.
4. SLA means a service level agreement that stipulates the levels of service of the Website, Software and Services that Elitbuzz Technologies DMCC is generally able to provide to its Clients.
5. Software means web-based interface, mobile app and other downloadable and integrable software developed and maintained by Elitbuzz Technologies DMCC for the purpose of provision of the Services.
6. Terms means these Terms of Service and all terms, policies and guidelines incorporated into the Terms by reference, including, but not limited to, Privacy Policy and SLA. In the event of any conflict between the SLA, the Privacy Policy and these Terms, these Terms shall prevail.
7. Elitbuzz Technologies DMCC means Elitbuzz Technologies DMCC Limited, a limited liability company registered in Dubai UAE Fortune Tower 2501 cluster C and all its affiliates.
8. Privacy Policy means the Privacy Policy of Elitbuzz Technologies DMCC that stipulates the basics of processing of personal data that the Clients submit to Elitbuzz Technologies DMCC in connection with using the Website, Software and Services.
9. Website means the Website of Elitbuzz Technologies DMCC www.elitbuzz-me.com
Acknowledgement/Consent
1. By accessing, viewing, logging-in to, creating an account or using the Website, Software, Services, the content provided thereon or their functionality, or by requesting and registering for the Services, you acknowledge and agree to be bound by these Terms.
2. You understand as well that by creating an account on the Website, you give the consent on behalf of the Client and confirm acknowledgment of the terms of processing of personal data as stipulated in the Privacy Policy.
3. You also acknowledge that under applicable law, some personal data can be processed without your consent and that Elitbuzz Technologies DMCC reserves the right to undertake such processing when appropriate.
4. You confirm and guarantee that at all times while using the Website, Software and Services you have all the necessary consents and authorizations for processing of all personal data that you submit to Elitbuzz Technologies DMCC. You oblige to inform Elitbuzz Technologies DMCC immediately of the withdrawal of the consent for processing of personal data submitted to Elitbuzz Technologies DMCC, of the expiry of legal grounds for processing, modification, inaccuracy or change to the submitted personal data.
5. When using Services for direct marketing, you are responsible for complying with all the legal requirements in connection with direct marketing and data subjects’ rights. Elitbuzz Technologies DMCC is only providing the platform for sending messages, but you are solely responsible for the content of your messages sent using the Services. You understand that there are different legal rules for direct marketing in different countries. When you use Services for direct marketing, you must comply with all requirements for direct marketing of the country, where the receiver of the direct marketing message is residing. For instance, in EU countries, you are obliged to send with direct marketing a message with the information on how the data subject can waive from direct marketing and there are also certain requirements for the content of commercial messages.
6. If you do not agree with these Terms, you may not use the Website, Software or the Services and must discontinue use immediately.
7. Your continued access to the Website, Software and/or use of the Services, as described above, signifies your acceptance of the Terms.
The Services
1. The Services allow you to send and receive SMS text messages, including inter alia notifications, alerts, reminders, confirmations, SMS marketing campaigns and use e-mail to SMS service. The Services are provided via the web-based interface, text messaging mobile applications or SMS gateway access that can be integrated into your own website. Additionally, Elitbuzz Technologies DMCC provides Software maintenance, upgrades and customer support that enable you to send SMS text messages to recipients designated by you.
2. Elitbuzz Technologies DMCC may update the Website, Software and Services from time to time, and may change the content at any time. Please note that although Elitbuzz Technologies DMCC makes reasonable efforts to update the information on the Website, any of the content on the Website may be out of date at any given time, and Elitbuzz Technologies DMCC is under no obligation to update it. Elitbuzz Technologies DMCC makes no representations, warranties or guarantees, whether express or implied that the content on the Website is accurate, complete or up to date.
Use of the Services
1. Elitbuzz Technologies DMCC provides the Services only to the Clients, who are legal entities (an entity, other than natural person; e.g. the Services are provided to companies).
2. To use the Services, the Clients must create an account on the Website and sign up.
3. The Clients register themselves by their authorised representatives. To register representatives shall provide the information requested including name, email address, company name and password. The Clients confirm that authorised representatives acting on their behalf have full capacity and authorisation to bound the Clients to these Terms.
4. Natural persons can fill in the registration form for provision of the Services on the Website only on behalf of the Clients, as their authorised representatives. Upon filling in and confirming the registration form natural persons give their confirmation that they are acting as authorised representatives of the Clients and the contact information submitted by them constitutes company contact details of the represented Clients.
5. When accessing and using the Website, Software and/or the Services, you warrant that:
  1. You are an eligible user;
  2. You have the legal capacity and authorisation to agree to these Terms;
  3. All information supplied by you is true, accurate, current and complete and you will keep the information accurate and up-to-date;
  4. You are responsible for and will safeguard your log-in credentials, including your log-in password and you will supervise and be completely responsible for any use of the Services with these log-in credentials, including by any and all of your authorized users. You must treat user identification code, password and any other security information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you, knows your user identification code or password, you must promptly notify Elitbuzz Technologies DMCC at support@elitbuzz.com
  5. You have read, understood, and agreed to the Terms.
6. Elitbuzz Technologies DMCC reserves the right at its sole discretion to decline or refuse access to the Website, Software or Services at any time and for any reason, including, but not limited to, in case of breach of these Terms.
7. Elitbuzz Technologies DMCC has the right to disable any user identification code or password, whether chosen by you or allocated by Elitbuzz Technologies DMCC, at any time, if in the reasonable opinion of Elitbuzz Technologies DMCC you have failed to comply with any of the provisions of these Terms.
8. It is your sole responsibility to ensure that your use of the Website, Software and Services complies with all applicable laws. Elitbuzz Technologies DMCC will not be responsible and/or liable in the event of your non-compliance.
9. You are responsible for making all arrangements necessary for you to have access to the Website, Software and Services.
10. You are also responsible for ensuring that all persons who access the Website, Software and Services through your internet connection are aware of these Terms, and that they comply with them.
11. Elitbuzz Technologies DMCC may on its sole discretion close an account of the Client if the Services are not used by the Client for a continuous period of 24 months. Elitbuzz Technologies DMCC will not be under any obligation to restore access to or use of the data contained in the account nor shall be under any further obligation, including providing a copy of any data contained in the account. Non-use of the Services shall include a failure to log in to the account or send any SMS text messages.
12. If the Client wishes to close its account, it can be done by logging into the account, navigating to the account settings page and selecting “Close my account”. The account will be closed immediately after the request is received and processed by Elitbuzz Technologies DMCC. Once processed, the Client can reopen an account at any point in the future if it decides to use the Services again (except deleted contacts and
Refunds and Cancellations
1. Based on the corresponding request sent to support@Elitbuzz.com Technologies DMCC.com, Elitbuzz Technologies DMCC shall refund to the Clients unused credit paid by them. Such requests must include your name, Client´s name, email address and the reason for a refund. Elitbuzz Technologies DMCC shall process requests for a refund within 7 business days.
2. The refund will be made using the payment method you used to purchase the credit, unless Elitbuzz Technologies DMCC and the Client have agreed otherwise. For example, if payment was made by credit card, Elitbuzz Technologies DMCC shall reverse the amount of your unused credit to the credit card used to purchase the credit. The refund shall not be made to third parties.
3. In case of termination of an account of the Client due for non-use of the Services (see clause 4.11 above), Elitbuzz Technologies DMCC shall not refund any unused credit left on an account of that Client.
4. In case of cancellation (see clause 4.12 above) or termination of an account of the Client, no cancellation or termination fee applies.
Responsibilities
1. By using the Website or Services, the Clients acknowledge and agree that they are solely responsible for:
  1. Obtaining and maintaining all computer hardware, software and communications equipment needed to access the Website, Software or Services, and for paying all access charges (e.g. ISP, telecommunications) incurred during use;
  2. Payment of the fee for all requested Services in full;
  3. Abiding by these Terms and ensuring that all of the Client´s authorized users abide by these Terms;
  4. For all Content that the Clients generate or make available while using the Services as described below.
Third Party Websites
1. The Website, Software or Services may contain links to websites, which Elitbuzz Technologies DMCC does not control and which are operated by third parties. If you access third party websites, you do so at your own risk. Elitbuzz Technologies DMCC is not responsible, directly or indirectly, for the content of third party websites or any damage or loss caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website.
Disclaimer & Limitation of Liability
1. The Website, Software and Services shall be provided on an “as is” and “as available” basis. To the extent permitted by law, Elitbuzz Technologies DMCC excludes all warranties, conditions, representations or other terms of any kind, which may apply to the Website, Software or Services, including that the Website, Software or Services are suitable for your intended use, error-free, fault-free, reliable, timely, entirely secure, virus-free or available. Any representation, condition or warranty, which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. Elitbuzz Technologies DMCC is dependent on the reliability of the internet and your use of your own device to access the Website, Software and Services, and therefore Elitbuzz Technologies DMCC makes no guarantees as to the outcomes or results in using the Website, Software or Services. Although Elitbuzz Technologies DMCC does everything that it can to keep disruptions to a minimum, the Website, Software or Services may be from time to time temporarily suspended to carry out maintenance and support work and for other purposes as appropriate.
2. The Services shall be provided at a professional level of quality conforming to generally accepted industry standards and in compliance, in all material respects, with all applicable laws, regulations and rules. Elitbuzz Technologies DMCC will make its best efforts to maintain the Website, Software and the Services and provide necessary support to the Clients.
3. The Services facilitate sending and receiving of SMS text messages to your designated recipients. Elitbuzz Technologies DMCC does not send or cause to be sent any SMS text messages, which is the responsibility of the applicable mobile network operator or telecommunications provider. Whilst Elitbuzz Technologies DMCC shall use all commercially reasonable efforts to transmit SMS text messages to the applicable mobile network operator or telecommunications provider as quickly as possible, final delivery of all SMS text messages to designated recipients is the responsibility of such operator or provider. Elitbuzz Technologies DMCC does not accept liability, if final delivery does not succeed due to an action, omission or any other failure of the relevant mobile network operator or telecommunications provider. Therefore, Elitbuzz Technologies DMCC will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  1. Use of, or inability to use the Website, Software or Services;
  2. Use of or reliance on any content displayed on the Website or in the Software;
  3. The failure of a mobile network operator or telecommunications provider to deliver an SMS text message.
4. Elitbuzz Technologies DMCC will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website, Software or Services or due to you downloading any content from it, or from any website linked to it.
5. Further, Elitbuzz Technologies DMCC shall not be liable for the acts, omissions or cessation of services by any third parties. For example, third party providers may provide virtual mobile numbers for the provision of SMS messaging. Elitbuzz Technologies DMCC shall not be liable or responsible for third party activities over which Elitbuzz Technologies DMCC has no control.
6. Elitbuzz Technologies DMCC shall not be liable for any cost, expense, loss of income, revenue or business arising from any circumstance, which are beyond its control, including but not limited to delays, losses, errors or omissions resulting from system or power failure, unavailability or failure of any telecommunications or other data transmission system or internet facilities, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, strike, governmental restrictions, change in any law or regulation.
7. Any Content contained in the Services provided by any user does not constitute any endorsement or recommendation by Elitbuzz Technologies DMCC of such content or information. Elitbuzz Technologies DMCC therefore disclaims any and all liability and responsibility arising from any reliance placed on such Content by anyone who may be informed by it. You acknowledge that Elitbuzz Technologies DMCC has no control over Content which is contained and which passes through the Website, Software or Services or how the Services are used by users. Elitbuzz Technologies DMCC does not screen or moderate Content or its source. Elitbuzz Technologies DMCC is not responsible or liable for the effect of Content on users nor is liable for any inaccurate, incomplete or inappropriate Content, which shall be your sole responsibility on providing or submitting such Content.
8. Although Elitbuzz Technologies DMCC implements electronic and physical security to reduce the risk of improper access or manipulation of data, Elitbuzz Technologies DMCC cannot guarantee the security or integrity of data and shall have no liability for breaches of security, integrity or interception in transit, nor for any damage which may result to your computer or other property by your use of the Website or Services.
9. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELITBUZZ TECHNOLOGIES DMCC OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, BUSINESS INTERRUPTION OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, SALES, BUSINESS, GOODWILL, REPUTATION, REVENUE, PROFITS OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, SOFTWARE OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, SOFTWARE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE WEBSITE, SOFTWARE OR SERVICES, OR FOR ANY INFORMATION OR OTHER CONTENT OBTAINED THROUGH OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, SOFTWARE OR SERVICES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, SOFTWARE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, SOFTWARE AND SERVICES.
10. Subject to clause 14.9 above, the total liability of Elitbuzz Technologies DMCC to you in respect of all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstance exceed the price of the Services ordered.
11. Nothing in these Terms of Service excludes or limits the liability of Elitbuzz Technologies DMCC for death or personal injury, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.