Terms of Use of the short messaging service modulus Messaging Platform (MMP)
December 2025
The company “MODULUS TELECOMS & IT S.A” (d.t. “modulus S.A”, hereinafter as the "Company" or "we"), with registered office at 311, Mesogeion Avenue, Chalandri, Attica, P.C. 15231, and VAT number 998301677, Athens Tax Office for Commercial Companies, provides communications services under a General License issued by the Hellenic Telecommunications and Post Commission with Registration Number 08-388.
The User of the Service (hereinafter “User”) must carefully read these Terms of Use and use the services provided only if he/she fully accepts them. In case of disagreement with one and/or more terms, the User must not use the services, otherwise he/she consents and accepts all the Terms of Use. Users may use the Services only after the full and unconditional acceptance of the present terms of use.
1. SERVICES PROVIDED AND COMPANY'S DISCLAIMER
The Services provided relate to the sending and receiving of messages (SMS & Viber) to mobile phones to mobile network Users via the Modulus Messaging Platform ('Service').
Since the Service depend on the interconnecting mobile companies and other operators, the Company cannot fully guarantee the prompt and correct sending of all messages to mobile phones. However, every effort is made to ensure that all messages are sent promptly and correctly. To this end, we carry out automatic checks and perform various actions in order to manage messages more efficiently.
Delivery reports also depend on the interconnecting partner companies. The Company provides delivery reports for all messages sent from its website. However, some delivery reports may not be sent to its system by the partner companies, in which case they will not be available to the end User.
The Company cannot guarantee the uninterrupted and error-free provision of its Service. In any case, the User may contact the Company in order the latter examines and resolves any problem.
The Company is not responsible for any failure to deliver messages to numbers identified by the recipient's mobile network as: incorrect, inactive (do not exist), numbers with incoming call-message blocking activated, as well as deactivated numbers. In addition, the Company is not responsible for any failure to deliver messages to recipients which is not further specified by the recipient's mobile network.
2. USER’S OBLIGATIONS
The User is obliged to make good use of the Service and must comply with the provisions of the telecommunications legislation, the legislation on intellectual property, the legislation on personal data protection and generally with any relevant national and European rules or laws and is not allowed to take any action aimed at causing damage to the Company and the σervices provided by the Company and reducing their security level, nor to interfere with the Company's telecommunications equipment, or with anyone else’s. Violation of this clause shall entitle the Company to terminate this Agreement immediately at the User's fault, without prejudice to any other legal right of the Company.
In case the User does not comply with the present terms of use, the Company reserves the right, upon relevant notice to the User, to proceed immediately at its discretion to partial and/or total discontinuation of the Service, in order to protect its Users and itself from undesirable actions and side effects resulting from the misuse of the offered Service. Furthermore, in the event that the Company is damaged in any way by the actions or omissions of the User, the latter is obliged to compensate the Company for any damage suffered and the Company is entitled to take any legal action to defend its rights before the Administrative and other Authorities and Courts.
The username and the password are granted for strictly personal use. The User must act diligently and take all security measures (e.g. frequent password changes, not disclosing access data to third parties, prohibiting use by third parties, etc.) to prevent the illegal use of his/her personal data on the Internet. If the User becomes aware of the use of his/her password by a third party, he/she must immediately inform the Company in writing. In any case, the Company shall not be liable for any damage or loss due to illegal use of the password or use by third parties.
In case of loss of the User's "Password" or its use by a third party, the User must immediately inform the Customer Service Department. During the entire interim period, until the Company is notified, the User is fully and exclusively liable for any damage or harm suffered by him or caused to the Company by the irregular and/or illegal use of the Service.
The User must be informed about the current prices, terms and conditions of access to the Services, as well as about his/her rights in relation to the protection of the telecommunications privacy from the Company's website or its points of sale of products and services.
The Service is offered for use and not for exploitation. The User may not resell, exploit or generally make use of the Service received from the Company in a manner contrary to the accepted principles of morality, good faith and the Company's fair use policy, unless the latter has given its written consent.
3. PRICING
Messages are charged either through credits or through a pre-agreed price expressed in Euro (€). The charge is determined according to the pricing model and the number of credits to be purchased. The credit charges per message may be may depend on the mobile network to which the recipient subscribes.
The charge applies only to the sending of messages, regardless of whether they are delivered to all their recipients. Exceptions to this rule are messages sent via Viber, where only those delivered are charged. In the event of non-immediate delivery for any reason, the forwarding of SMS messages to the recipient's numbers is repeated continuously, up to 48 hours from the date of sending.
4. VIBER SENDER ID
Users may temporarily deactivate their account for months during which the User will not use the Service in order to send and/or receive messages to Viber accounts. In order to use this possibility, Users must be notify the Company in written no later than the 15th of the previous month. The temporary deactivation option may be used for up to 3 months within a calendar year.
In the case of a request for permanent deactivation of the Viber Sender ID, the User must have sent the request no later than the 15th of the previous month in order to avoid being billed for the following month.
5. CODE OF CONDUCT
It is mutually accepted and understood that, although the Company provides its Users with the necessary technological infrastructure and means for the mass sending of text messages, all their content remains the sole responsibility of the natural or legal person from whom the content originates. This means that the User/member is solely responsible for any message sent by him through the Service. The Company cannot control the content of the messages sent by its Users, so it does not guarantee the accuracy, integrity, legality or quality of the content of the messages.
Under no circumstances may the Company be held responsible for the content of the messages sent. In the event that the Service receives notice that any content causes moral damage or other harm to a third party, or in the event that there is a complaint from a recipient for unsolicited sms or behavior that is contrary to these Terms of Use, the Company reserves the right to investigate the account and terminate the account of the User who violates the terms hereof.
Indicatively, it is prohibited to send messages with content that:
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Promotes the installation of unsolicited or unauthorized advertising or other product marketing content, the sending of unsolicited and uninvited from the recipient messages, and any other form of unsolicited promotional content.
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Is unlawful, harmful, threatening, offensive, damaging, defamatory, vulgar, violent, insulting, abusive, racist or otherwise disapproved, violates the personality, personal data, confidentiality of data, or intellectual property of others, causes feelings of hatred, and/or any other designated criminal offence.
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May cause harm to minors in any way.
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Impersonates any legal or natural person, misrepresents authority or makes a false statement about the identity of the User/member or a misleading statement regarding the relationship and/or cooperation of the User/member with another legal or natural person.
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Infringes any intellectual property rights of any entity or discloses trade secrets.
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Is a forgery or other alteration of Users’/members’ identifiers for the purpose of misleading as to the origin of the content transmitted through the Service.
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Interferes with the services or aims to disrupt the services or the servers or networks connected to the Service, or violates the conditions, procedures and rules for the use of these networks.
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Violates, with or without intent, any local, national, European, international legislation and/or any rules of law relating to and/or applying to the Service.
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Interferes in any way with the privacy and the individual and social rights of other persons.
6. PROTECTION OF PERSONAL DATA AND COMPANY'S DISCLAIMER
The Company processes the User's personal data, which is necessary for invoicing and managing its contractual relationship with the User, as well as for the maintenance and proper functioning of the Service. This processing is governed by the Privacy Policy for the 2-way SMS & Viber short message service. However, with regard to the content of the messages, the company only provides intermediary services for their proper transmission and does not interfere in any way with the content nor does it take any other action on the information that may be generated by them. For the processing carried out in the context of message transmission, the User - customer of the Company is the Data Controller of the data transmitted through the mMP platform, while the Company acts as the Data Processor on behalf of its User-customer.
The Company collects and processes only the data entered by the registered User as well as the User's browsing and activity data for security reasons.
You should know that you have at your disposal the text messages you have sent through the Service, i.e. the identification data of the recipients and the content of your communication, for a period of ninety (90) days, after which they will be permanently deleted and we will not be able to retrieve them. The storage period of the other categories of data depends on the legal basis and the purpose for which we process them, as stated in our Privacy Policy.
The Company declares that any waiver of the User's communications’ privacy is only allowed if and to the extent that the Company is required to fulfill its obligation under the applicable legislation. In particular, the Company shall comply, as the applicable law stipulates, with the content of a Public Prosecutor's order, judicial or administrative decision without prior notice to the User.
Furthermore, the Company declares and the User accepts that in the context of interconnecting its network with telecommunications networks of other operators for the provision of interconnection services, the transmission of information to them is required in order to provide the Service. Such data shall be transmitted to the telecommunications operators solely for the purpose of costing the services provided and for compliance with the provisions of the applicable law.
The User must inform any other person making use of the Service which he/she receives and which are governed by the terms of the Contract regarding these Terms and the processing of personal data resulting from the use. The Company shall not be liable for violations of the law on privacy of communications or personal data resulting from the use of the services received by the User from third parties.
7. MODIFICATION OF TERMS
The Company reserves the right to modify, add or remove terms, which will come into effect only if the User is informed at least one (1) month prior to their implementation, not only through the aforementioned Company's Website with an announcement in a prominent place thereof, but also with a reference to a prominent place on the printed and/or electronic bill, depending on the way the latter is sent to the User, or in any case in the same way in which the User is informed about the issuance of his/her monthly bill, or even by sending an e-mail message to the address that the User has indicated to the Company as an e-mail address, in order to ensure in any case that the User is informed in a timely manner. The User is entitled, within the above period of one (1) month, to object by any appropriate means to the above addition, modification or removal of the terms and to cease to use the services provided. Upon expiry of the aforementioned one (1) month period, the Company shall be entitled to implement the relevant addition, modification or removal of the term(s), presuming the User's consent. In this case, the User shall have the right, within one (1) month from the notification or publication, as the case may be, to withdraw from this Agreement without prejudice, by written notice to the Company, otherwise, non-termination shall constitute implicit acceptance of the modifications. The latter right of the User shall be suspended if the modifications are minor and insignificant, or are imposed by law or regulation or decision of the Hellenic Telecommunications and Post Commission or other competent authority. The date of the last modification of these Terms of Use will always be indicated at the beginning of the text.
8. FINAL PROVISIONS
Invalidity of any term(s) shall not invalidate the Agreement and the other terms shall remain in force and shall have full legal effect. The parties shall make every effort to replace any invalid terms with valid terms of similar content as far as possible.
Individual services associated with the provision of the Service may be accompanied by additional terms of use, which are an integral part and integral whole with these Terms of Use and which (if any) are posted on the Company's website.
This Agreement is governed by Greek Law, the decisions and regulations of the Hellenic Telecommunications and Post Commission, the Hellenic Authority for Communication Security and Privacy & the Hellenic Data Protection Authority that apply to electronic communications transactions and all relevant applicable provisions. For the resolution of disputes arising from the execution/interpretation of this Agreement, it is expressly agreed that all parties shall seek in principle to resolve the dispute out of court. In the event that all attempts to settle the dispute out of court fail and the parties are led to judicial resolution, the competent courts shall be either the Courts of the city where the User has his/her residence or registered office or the Court of the place where this Agreement is drawn up. The language used for any service provided shall be Greek.