Effective as of 13.12.2022
Welcome to MoneySMS App!
MoneySMS App (as defined in Section 1) is owned and operated by TelQ Telecom GmbH, with the seat at the address Neuer Wall 71, 20354, Hamburg, Germany, company number HRB 144036, tax ID number DE 309 462 953.
As MoneySMS App is a mobile app and its demo version is available on Google Play store, the app store provider’s terms and conditions/EULA will also apply to you.
All the terms are important and together create this Agreement that applies to you. If you find anything in this text that you do not agree with, please:
- Do not use MoneySMS App or part thereof
- Do not download MoneySMS App
- Do not access MoneySMS App
- If you have already created a User account, stop using MoneySMS App immediately and/or delete your User account.
Your consent to these Terms further represents, warrants and certifies that the information provided by you during the application process for opening a User account is true and complete to the best of your knowledge.
|When we say “Content” we mean all MoneySMS App’s features and technical resources available to Users, including but not limited to information, data, text, photographs, videos, audio clips, software, scripts, graphics and interactive features generated, provided, or otherwise made accessible on or through Platform.|
|When we say “Intellectual Property Rights” we mean any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or another intellectual property right, and all similar or equivalent rights or forms of protection, in any part of the world.|
|When we say “Party” or “Parties” we refer to TelQ and/or User.|
|When we say “TelQ“, “we” or “us“, we are referring to TelQ Telecom GmbH, with the seat at the address Neuer Wall 71, 20354, Hamburg, Germany, company number HRB 144036, tax ID number DE 309 462 953.|
|When we say “MoneySMS App” or “Application” or “App“ we mean making the Software available by TelQ in any version in full or in part, including any updates, upgrades, enhancements, modifications, new features, programs and tools enabling Users to make money online automatically by receiving SMS generated by our system and our customers.|
|When we say “Services” we mean sending test SMS on your phone number and automatically getting paid for the each received SMS.|
|When we say “Software“, we refer to the mobile app and its updates, upgrades, enhancements, modifications, extensions, new features and possible replacements provided by TelQ, now existing or later developed, and other programs and tools, developed in conjunction therewith.|
|When we say “User“, “You” or “you” we refer to any person other than TelQ, that uses, downloads, accesses or attempts to access the App.|
|When we say “User Content” we mean any content provided by the User to the MoneySMS App including any entered, recorded, stored, used, controlled, modified, disclosed, transmitted or erased information and data.|
|When we say “Website” we mean the website located at https://moneysmsapp.com/.|
Defined words can be recognized throughout this document by the capitalized first letter.
Titles and headings provided in these TOU are for convenience and ease of access only and they will not affect the interpretation of the TOU.
- WHO CAN USE MoneySMS App?
MoneySMS App is intended for natural persons who have full legal capacity.
You need to be at the age of majority (legal age) to be able to use MoneySMS App. Legal age depends on the national legislation applicable to the User (probably you need to be 18 years old). By using MoneySMS App, you represent that you are of legal age. If you are not at the required age, please stop using the MoneySMS App immediately.
By entering this Agreement, the User represents and warrants to TelQ that:
(a) all information provided by User to TelQ is truthful, accurate and complete;
(b) User will comply with all laws and regulations of any applicable jurisdiction with regard to User’s access, use or installation of the Software;
(c) User has provided and will provide accurate and complete information as required for access, use of Services and installation of the Software.
In general, MoneySMS App and the connected services are available worldwide. However, if we have sufficient number of users for a particular network or country, TelQ will not allow more users from that network or country to register until necessity arises again. Therefore, if you didn’t find your country during registration, it means that Money SMS App isn’t available in your country at the moment. Please note that the list of available networks/countries for registration fluctuates on a daily basis.
By opening a User account you represent and warrant to us that the opening of the User account does not violate any laws or regulations applicable to you.
Compliance with the Law
It is Users’ responsibility to abide by local laws in relation to the legal usage of Services in their local jurisdiction as well as other laws and regulations applicable to Users (for example, legislation applicable to digital assets transactions). Each User also confirms to comply with all applicable tax regulations to such User.
- DOWNLOADING THE APP AND EARNING MONEY
Information on MonySMS App features and how it functions, please see here.
Our app is completely free. You do not need to pay anything to get started and there are no hidden fees.
MoneySMS App is exclusively Android-based because only Android allows apps to access SMS.
Unfortunately, we are not able to offer our full app on Google Play anymore, due to their very strict policy regarding reading the user’s SMS – the functionality of our app is very specific and it doesn’t get approved anymore.
The demo version of Money SMS app is available on Google Play store. To earn money, however, you will need to install the full App from our website. Please see here how to download and instal the App.
By creatting a User account you may receive a welcome bonus.
Keep the app running constantly and have stable Internet connection. At times Android OS automatically closes some apps so you need to ensure that MoneySMS App is opened again in such cases. Your main goal is to keep the App always running, our system will see that your phone is available for tests and you will have a greater chance of receiving test messages.
You can request money withdrawal as soon as your balance hits 2 EUR. You will receive your money in 48 hours from the moment you request a withdrawal.
Currently, we support the following payment systems: PayPal, BitCoin, Litecoin. Please note that we cannot transfer the money to your mobile phone, credit card or bank account due to high transaction fees. IMPORTANT: please note that we will not add any other payment options in the future. Please DO NOT SEND US EMAILS requesting them to be added.
All currency conversion charges, third party fees, or other tax, duty or levy of any kind, including interest and penalties thereon, whether imposed during the term of the Agreement or after the term of the Agreement incurred by User in relation to Services shall be the sole responsibility of the User.
Earning money for RECEIVING test SMS to your phone number
You will receive SMS tests which may have code with random letters or numbers in its content. Besides that, the content can include anything, including links. Please ignore completely all our test SMS and do not reply to any of them. We send SMS only in order to check if they have been delivered to your phone and, if so, in what form. Messages get forwarded to our servers after you receive them automatically. Once your balance is updated, please feel free to delete the messages.
Once you start receiving test SMS sent by us, you get automatically paid €0.02 for each received test SMS.
Earning money by allowing us to SEND test SMS from your phone number
You can earn even more money by allowing us to send test SMS from your phone number.
SMS tests which are sent from your phone number may have code with random letters or numbers in its content. Besides that, the content can include anything, including links. The content of SMS tests is determined by our clients and they are completely and entierly liable for such content.
Please ignore completely all our test SMS and do not reply to any of them. We send SMS from your phone number only in order for the purpose of Mobile Origination and 2 way SMS capability testing. Messages are sent automatically from your phone number to recepients determined by our clients. At the moment we will restrict it to sending tests to local mobile phone numbers or shortcodes. Once your balance is updated, please feel free to delete the messages.
If you enroll, you will earn €0.15 per one test SMS we send from your phone. Please note that test SMS messages count against your messaging plan and your carrier may charge applicable rates for each SMS sent from your phone number. Because every network carrier charges a different rate to send an SMS, the costs of SMS sending will vary between networks and the countries you are sending to and from.
We are not liable or responsible for any expenses or costs you bear for activating or using this functionality of the App. We encourage you to check the applicable SMS rates of your network carrier and decide whether it is profitable for you to enroll. For example, if your carrier charges €0.50 per one sent SMS, we will not be liable or responsible for reimbursing you for these costs, and we will pay you only €0.15 per one test SMS we send from your phone.
At the moment, we will send tests only to the local numbers in your country.
Please note that we will send test SMS from your phone number only if we have your explicit consent. You can opt out at any time by disabling this option in the Settings menu of the App.
- REFERRAL PROGRAM
By participating in the Referral Program the User accepts the Agreement, as well as further conditions explained on the MoneySMS App.
Money SMS referral program enables you and your friends to earn more money through the App. You can get your referral code from the App and ask your friends to use it during registration. Everyone who uses your referral code will receive a bonus of 0.25 Euro upon registration. On the other hand, you will also receive a bonus – 30% of the withdrawals of your friends will be added to your balance.
Please note that our referral program rewards you with 30% of the withdrawals of your friends. This means that you will earn 30% only when your friends make the first withdrawal and this does not happen immediately upon registration. Your balance will automatically increase when we make payments to your referrals.
You can use your referral code only during the registration, it cannot be added to your account later.
To receive benefits under the Referral Program, in addition to such conditions, eligible User must:
- Download the App
- Comply with the User and Territorial Restrictions (as explained in Section 2).
- CONSENT AND THE SERVICE
User shall be bound by this Agreement in any of the following situations, whichever occurs first:
(1) Upon creating a User account.
(2) Downloading the Software as mobile app
(3) If User agrees to or is deemed to have agreed to the Agreement. Any use, access or attempt to use or attempt to access the MoneySMS App shall be considered deemed to agree
(4) If the User takes part in any Service (for example, Referral Program).
You acknowledge that TelQ may modify the features and functionality of the MoneySMS App or part thereof at any time during the Term of the Agreement.
The full list and description of the Service is available on the Website and the User must check the Content for up-to-date information.
We will make the Services available to you under this Agreement. We will use commercially reasonable efforts to make the MoneySMS App available 24 hours a day, 7 days a week, except (a) during planned downtime (of which we will give advance notice); and (b) for any unavailability caused by circumstances beyond our reasonable control, including, for example, a force majeure event (c) internet problems outside our control, (v) bugs in code, hardware or Services without a commercially known fix. Specific Users may experience an inability to use the MoneySMS App because of the suspension or termination of their User account. Nevertheless, we cannot guarantee that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
User shall be solely responsible for providing, maintaining and ensuring compatibility with the Software, all hardware, software, electrical and other physical requirements for User’s use of the Software, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Software.
- AGREEMENT AMENDMENTS
If you do not agree to the new terms of the Agreement, you must stop using MoneySMS App.
- ELECTRONIC COMMUNICATIONS
By accepting these TOU, you agree to this electronic contract. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or SMS, satisfy any legal requirement that such communications be in writing.
Please note that notifications about any amendment of the TOU by Section 4 (Agreement Amendments) or any material change to the Services or the Agreement we will send as stipulated in Section 16 (Notices).
We have a legal obligation to inform you about the change of the terms so you can decide whether to continue using Services. Such correspondence does not constitute marketing or promotional emails, and you cannot unsubscribe from receiving such notifications. If you do not wish to receive such notifications, you need to terminate the Agreement by deleting your User account.
- INTELLECTUAL PROPERTY
Unless otherwise indicated in the Agreement, the MoneySMS App and the entire Content (including but not limited to the source code, Website and MoneySMS App “look and feel”, Website and mobile application copy, images, graphic elements, user interface, audio and video clips, design, databases, logo or other signs, domain, trade name and business name, trademarks or service marks, any customized work and other related materials) are protected by Intellectual Property Rights of TelQ or its affiliates, agents or licensors, as applicable.
Users have only the rights specified under this Section of the Agreement. Users may not acquire any other Intellectual Property Rights under this Agreement. No ownership right may be conveyed to any User, irrespective of the use of terms such as “purchase” or “sale” in TOU or anywhere on the MoneySMS App.
Any unauthorized use of the App and Content and/or any part of it, without our permission, shall be deemed an infringement of Intellectual Property Rights. TelQ will take all legal remedies to protect its Intellectual Property Rights immediately upon the knowledge of such unauthorized use.
TelQ also reserves all Intellectual Property Rights not expressly granted in this Agreement.
If you believe that any material on this Website or Service, violates your copyright, please notify us at [email protected] Our team will respond to all copyright infringement notices that it receives without undue delay.
In consideration of your acceptance of this Agreement and your payment of all applicable fees (if any), TelQ grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable authorization to access and use the Services for your personal purposes under the Agreement and any other instructions on the MoneySMS App.
If you are using Software such as API or other software application, that you have downloaded through an app platform/store, TelQ grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use Software in accordance with the documentation accompanying such Software and all its updates, upgrades and new versions.
Any other use of the App, Software or the Services, not specifically mentioned in this Agreement, by any User, is forbidden. For example, you may not:
- publish, copy, rent, lease, lend, sell, create derivative works or transfer in any way the Software, Website, Services or any portion(s) of the foregoing;
- distribute, transmit, publish or otherwise disseminate the Software, Website, Services or any portion(s) of the foregoing;
- attempt to access or derive the source code or architecture of the Software or work around any technical restrictions or limitations in the Software;
- reverse engineer, decompile, or disassemble the Software, or attempt to do so;
- when using internet-based features, you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner;
- attempt to probe, scan or test the vulnerability of the Website, Services and/or Software, or any associated system or network, or to breach any security or authentication feature or measures, and, if you are blocked by TelQ from accessing the MoneySMS App or Services (including by blocking your IP address), you will not implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
For the purpose of clarity, Users may not obtain access to source code under the Agreement and should not attempt to do so.
- ACCEPTABLE USE
To use MoneySMS App, each User must comply with these rules of acceptable use:
- The User must provide complete information for registration purposes.
- The User must provide accurate and up-to-date information. The User has to use accurate contact information. Using false identity is strongly prohibited.
- The User will prevent any other person from using that User’s account. Use of the User account by more persons is prohibited.
- The User may have only one User account.
- The User may not engage in selling or renting or transacting the User’s account in any way.
- The User must maintain the security of the account and password. User is responsible and liable for any use of MoneySMS App through User’s account, whether authorized or unauthorized. TelQ cannot be held liable for any loss, damages or expenses incurred due to the User’s failure to comply with this obligation. The User will be liable for all losses, damages, liability and expenses incurred by TelQ or a third party as a consequence of authorized use of the account. If you become aware of any unauthorized use of your account, you need to immediately notify us by sending an email to [email protected]
- The User will not engage in activity that violates the privacy of others, or any misuse or unlawful processing of personal data, nor will publicly display or use MoneySMS App to share inappropriate content or material. The User may not violate any applicable law or regulations in connection with your use of MoneySMS App.
- The User will not access the Services or the Software to build a competitive product or service, to build a product using similar ideas, features, functions or graphics, or to copy any ideas, features, functions or graphics.
- The User will not engage in web scraping or data scraping on or related to the Software or the MoneySMS App, including without limitation collection of information through any software that simulates human activity or any bot or web crawler.
- The User will not automate access to the Website or the Services, including, without limitation, through the use of APIs, bots, scrapers or other similar devices.
- The User will not commence or engage in any behaviour that results in personal attacks or ad hominem arguments, swearing, discrimination of any kind, harrasment, provocation or abuse of any kind.
- The User will not commence or engage in any correspondence irrelevant or disconnected from the use of Services (for example, discussion on political or religious issues).
- The User will not engage in disseminating negative and dubious or false information and a manifestation of the appeal to fear (FUD).
We will strive to prevent any activity that may infringe these rules, but we do not undertake to monitor each and every User’s activity and TelQ may not be held liable for such breach. Users are fully responsible for all the activities that occur under their User accounts or social media accounts.
Breach of any rule under this Section results in immediate suspension of the use of Services (partially or in full at our discretion) and may result in termination of the Agreement with the User without any notice.
- USER CONTENT AND USER DATA
Users are solely responsible for all User Data and User Content.
TelQ will have no responsibility or liability for the accuracy of data uploaded to the Software by User, including without limitation User Data and any other data uploaded by Users.
By accepting this Agreement, each User warrants represents and covenants that the User owns or has a valid and enforceable license to use all User Content. User Content will not infringe, misappropriate or violate the rights of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction. The User remains the owner of User Content and User Data under the Agreement.
Nevertheless, by posting User Content on MoneySMS App, you grant to TelQ a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide right and license to use User Content and associated Intellectual Property Rights in any way in any media know now or in the future. You agree to waive moral rights and promise not to assert such rights against TelQ.
You are also prohibited from providing false information on MoneySMS App. If you find that there is information on your profile that is no longer accurate, it is your responsibility to edit it or alert TelQ.
TelQ reserves the right to refuse, limit or cancel the Service to a User, terminate User accounts, or remove or edit User Content at its sole discretion. Therefore, when investigating alleged violations of this Agreement, TelQ reserves the right to review your User Content to resolve the issue (such as to prevent harmful or illegal activity). TelQ may also access the User Content when providing technical support or when performing other legal obligations under this Agreement.
Nevertheless, TelQ has no obligation to monitor all User Content (and will make no attempt to do so) and has no obligation to remove any User Content.
TelQ cannot be held responsible for any loss, damage, expense or other harmful consequences to any User resulting from User Content.
In the event TelQ becomes aware of the illegal User Content, activities that infringe anyone’s Intellectual Property Rights or personal data or any other right, or activities that infringe the Agreement, TelQ may, in its sole discretion, disable, close, temporarily or permanently limit access to any User account without any notice. TelQ may not be liable for any loss, damages or undesirable consequences resulting from such action.
TelQ will delete User Data when you deactivate your User account. Please note that once you deactivate your User account, you will not be able to register again with the same phone number. Namely, we have algorithms that depend on number of tests received by a user and if the old phone number looks like a new one, our test results will be affected by it. Furthermore, we want to prevent any abuse of App’s benefits by the users, such as sign up bonus. Therefore, we will keep your phone number after the deletion of your account for these purposes in an anonymized form.
However, if you only delete the App without deactivation of your account, once you reinstall the App, your account will be active again and you will be able to use the App with the same phone number.
Additionally, we will keep all the test results we received from your mobile phone number since we are contractually obliged to present these tests to our clients. However, this data will be stored only for the duration determined by our client that is necessary to fulfill their purposes.
- DISCLAIMER OF WARRANTIES
Your use of MoneySMS App is at your sole risk. The service is provided on an “as is” and “as available” basis.
Any warranty of TelQ regarding the MoneySMS App (or part thereof) not expressly stated herein shall be deemed withheld. TelQ disclaims, to the fullest extent permitted under the applicable law, all statutory warranties and course of performance, course of dealing and usage related to Users’ expectations.
User is solely responsible for any damage User may suffer resulting from the use of the MoneySMS App and any Service. No oral or written information or advice is given by TelQ or its authorized representatives shall create a warranty or in any way increase the scope of TelQ’s obligations.
Without prejudice to the generality of the previous provisions, TelQ does not warrant that:
- any Service will meet the User’s specific requirements nor that it will be “fit for purpose”,
- the MoneySMS App and Service will be uninterrupted, timely, secure, error-free or of satisfactory quality,
- the results that may be obtained from the use of the Service will be accurate or reliable,
- any errors in the Service will be corrected.
TelQ and/or its suppliers make no representations about the suitability, reliability, availability, continuity, timeliness, and accuracy of the Service and App.
- LIMITATION AND EXCLUSION OF LIABILITY
To the maximum extent permitted by the applicable law, TelQ and/or its suppliers, employees and representatives shall be liable in no event for:
(1) any loss, damage, expense or other harmful consequences resulting from anyone’s use or inability to use MoneySMS App;
(2) any installation, implementation, customization or modification of the Software not carried out by TelQ;
(3) any failure to apply available update, service pack, fix or upgrade that would have avoided the harmful event;
(4) any unauthorized access to the User Content;
(5) any unauthorized use of any User’s credentials.
To the maximum extent permitted by applicable law, in no event shall TelQ and/or its suppliers, employees and representatives be liable for: any indirect, punitive, incidental, special, consequential damages or any damages whatsoever (including, without limitation, damages for loss of use, data or profits, or business interruption) arising out of or in any way connected:
- with the use or performance of MoneySMS App,
- with the delay or inability to use MoneySMS App and any Service, including the provision of or failure to provide Services
- User’s or third-party fraud
- any transaction which results in a negative balance on a User’s account.
If any of the foregoing limitations are deemed unenforceable or in the event any liability of TelQ is established, to the greatest extent permitted by law, You agree that the entire aggregate liability of TelQ and sole remedy available to any User in any case in any way arising out of or relating to the Agreement, MoneySMS App or the Service shall be limited to monetary damages that in the aggregate may not exceed the sum of 100 EUR (hundred euro).
You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between you and TelQ. You understand that the MoneySMS App and Services would not be provided without such limitations.
Some countries do not allow the limitation of certain damages, so some or all of this limitation of liability may not apply to you and you may have additional rights. Nevertheless, if any portion of these Sections is held to be invalid under the applicable law, the invalidity of such portions shall not affect the validity of the remaining portions of the applicable Sections.
Section 12 does not exclude mandatory liability for:
- (a) Wilful breach by TelQ of any of its obligations;
- (b) Death or personal injury caused by a defective item produced by TelQ.
Neither Party shall be liable for breaching its obligations due to a circumstance they reasonably could not have foreseen and which is beyond their control, such as, e.g., a force of nature, an act of a legislative or executive authority, war, civil unrest, the act of terror, strike, non-trivial cyber attack, failure of a third-party hosting, Internet failure or any other circumstance qualifying as force majeure under the applicable law — to the extent that the respective circumstance prevented or hindered the Party’s performance. For the avoidance of doubt, the provisions of this section:
- are not intended to derogate from, or limit the application of, any statutory limitation or exclusion of liability;
- shall not be construed to limit the amount of, or excuse User from paying, any fee or other consideration owed hereunder.
You agree to indemnify and hold TelQ harmless from any and all demands, losses, liability, claims or expenses (including attorneys’ fees) made against TelQ by any third party due to or arising out of or in connection with your use of MoneySMS App and the Services including but not limited to:
- your use of the MoneySMS App or part thereof in violation of this Agreement, in violation of an agreement with the third party and/or any applicable law;
- any third-party claim of infringement of copyright or other Intellectual Property Rights or invasion of privacy arising from hosting User Content, and/or your making available thereof to other Users, and/or the actual use of your User Content by other Users or related services under the Agreement;
- any activity related to a User account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of TelQ.
This Agreement shall continue until either:
- you request for your User account to be deactivated and deleted;
- terminated by TelQ.
14.1. TERMINATION BY USER
The User of MoneySMS App may terminate this Agreement by deactivating the User account and uninstalling/deleting the App.
If you want to close the User account please make sure to withdraw any outstanding balance. Otherwise, your balance will be deleted the moment you deactivate your account and you will no longer be able to withdraw it. However, please note that you cannot request money withdrawal if your balance is less than 2 EUR.
14.2. TERMINATION BY TELQ
TelQ may deny you access to all or any part of the Services or terminate your account with or without prior notice if you engage in any conduct or activities that TelQ determines, at its sole discretion, violate this Agreement or the rights of TelQ or any third party, or is otherwise inappropriate. Without limitation, TelQ may deny you access to the Services or MoneySMS App, or terminate this Agreement and your User account.
TelQ may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate any User account. TelQ will send notice to User via SMS or at the email address User provides when creating a User account, or such other email address User may later provide to TelQ.
TelQ may make changes, replace, or discontinue (temporarily or permanently) Services at any time for any reason with or without notice. In this case, you may be prevented from accessing or using Services. If, in our sole discretion, we decide to permanently discontinue Services, we will provide you with notice via our Website or via your email or notification in the App. TelQ or its affiliate shall not be held responsible or liable for any loss in the event that we discontinue or depreciate the Services.
14.3 TERMINATION SURVIVAL
The following provisions will survive termination of this Agreement:
- Section 6 (Intellectual Property)
- Section 11 (Disclaimer of Warranties), Section 12 (Limitation and Exclusion of Liability) and Section 13 (Indemnification)
- Section 14.3 (Termination survival)
- Section 19 (Jurisdiction and Choice of Law; Dispute Resolution)
- Section 20 (No Class Action)
- Any other provision of this Agreement that must survive to fulfil its essential purpose.
If any provision of this Agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
If any provision of this Agreement violates any mandatory rule of the applicable law and proves to be void as a result thereof, such provision shall, for those specific circumstances and only in that particular respect in which it is void, be deemed to have been amended to comply with the law. Any such amendment shall be confined to the minimum necessary to make the provision valid and shall retain as much of its original ambit and meaning as possible.
All notices to TelQ shall be provide Neuer Wall 71, 20354, Hamburg, Germany or to the address specified in Section 1 (Definitions) or to the email [email protected].
TelQ may give notice to a User via the email address associated with the User account, via a notification within the App or by mail or courier to the address provided for that User (if any).
Notice shall be deemed to have been received:
- the next day if given via notice on the User account or via email
- five workdays after posting the notice via courier or registered post. By workday, we mean workdays at TelQ’s registered seat.
- NO WAIVER
Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
- LINKS TO THIRD-PARTY CONTENT AND MATERIALS
Should TelQ enable access to data or service provider from another service provider through linking, TelQ does not carry responsibility for such information.
- JURISDICTION AND CHOICE OF LAW; DISPUTE RESOLUTION
This Agreement and any matter or dispute arising out of or related to the subject matter of the Agreement shall be governed, construed, and enforced in accordance with the laws of Federal Republic of Germany, without regard to its conflict of law provisions. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Mindful of the high cost of dispute, you and TelQ agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to: (i) the Website; (ii) this Agreement; (iii) the Services; (iv) the breach, enforcement, interpretation, or validity of this Agreement; or (v) any other dispute between you and TelQ ( “Dispute”), the Party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other Party (by email, first-class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving Party 30 days in which to respond to or settle the Dispute (“Mandatory negotiations”).
Notice shall be sent:
- (1) if to TelQ at the address Neuer Wall 71, 20354, Hamburg, Germany
- (2) if to you at: your last-used address in your account information or to your residence address (at our full discretion)
If no such address exists, or if the delivery to such address is unsuccessful, the notice shall be sent via SMS or to the email address connected to that User’s Account.
Both you and TelQ agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any dispute resolution or filing any claim against the other Party.
Failing to resolve the dispute as described in previous paragraphs of this Section, any controversy or claims arising out of or relating to the Agreement, or the breach thereof, shall be in the exclusive jurisdiction of the competent court in the city of Hamburg, Germany.
This clause shall survive termination of the Agreement.
Notwithstanding the provisions above, TelQ may, at its absolute discretion, assert and seek the protection of its Intellectual Property Rights and rights concerning confidential information or data processing anywhere in the world.
- NO CLASS ACTION
Except where prohibited by law, as a condition of using the Software and/or Service, you agree that any and all disputes, claims and causes of action arising out of or connected with the Software and/or Service, shall be resolved individually, without resort to any form of class action.
THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and TelQ agree otherwise, the court may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- ENTIRE AGREEMENT
This Agreement (as amended from time to time) including any linked documents or documents that are expressly or implicitly included in the Agreement constitutes the entire Agreement between the Parties relating to the subject matter hereof and supersedes all prior Agreements and understandings between the Parties with respect to that subject matter.
In case of conflict between any provision herein and any statement, representation or other information published on the Website or contained in any other materials or communications the provision in the Agreement shall prevail.