Terms and Conditions

Legal Information

Your use of Our Service starts when You are opening an account with Us, that representing a firm acknowledgement that You have read, understood and accept all these Terms and Conditions of Use of Our Service.

The Service is operated and provided by Tellody Limited having its registered office Dionysiou Aeropagitou 17, Stovolos, 2045 Nicosia, Cyprus and the Service is traded under the name Tellody.

If You have any questions regarding these Terms and Conditions of our Service please contact Us at This email address is being protected from spambots. You need JavaScript enabled to view it..

These Terms of Service refer to the following additional Policies, which also apply to Your use of Our Site and Our Service:

Our Privacy Policy which can be found on Our website, www.tellody.com.

Our Cookie Policy which can be found on Our website, www.tellody.com.

By accessing, viewing, logging-in to, or using the Site, 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 and Conditions which constitute a binding agreement between You and Tellody Limited which operates the Site and Services.

If you do not agree with these Terms and Conditions, you must not use the Site or the Services and should discontinue use immediately.
Your continued access to the Site and/or use of the Service, as described above, signifies your acceptance of the Terms.

1. Definitions and interpretation

In these Terms of Service, the following definitions apply:
"Account" shall mean the access point allocated to You for using Our Service
"Cookie Policy" shall mean Our policy (which can be found on Our Site) that sets out information about the cookies on Our Site and any amendments, updates and versions of this policy from time to time.
"Contact Details" shall mean a mobile phone number and associated information such as name, email address, residential address and any other personal information uploaded and stored in Your Account or on Our platform and "Contact" shall be construed accordingly.
"Content" shall means any text, graphics, photos, data, software, music, sound, or other materials uploaded to or sent through or submitted through Our platform or otherwise used by You when You are using the Service.
"Credits" shall mean the units of credit purchased, ordered and/or used by You in relation to the Service.
"Message" shall mean SMS and email.
"Our", "Us" or "We" shall mean Tellody Limited.
"Privacy Policy" shall mean Our policy which sets out Our procedures for gathering, using, disclosing and managing Your customers data and any amendments, updates and versions of this policy from time to time.
"Policies" shall mean the Cookie Policy and the Privacy Policy and any other terms and policies incorporated from time to time.
"Service" shall mean any and all services provided by Us including but not limited to the services set out in Art. 3 of these Terms and Conditions of Use of Our Service.
"Site" shall mean Our website, www.tellody.com, and any other website which We use to provide any of the Service.
"SMS" shall mean a short message service by which a message of up to 160 text characters can be sent or received online or by a mobile phone.
"Terms and Conditions of Use of Our Service" shall mean these terms of service together with the Policies and any amendments, updates and versions of these terms of service from time to time.
"You" shall mean the person or the company or entity using the Service or any party of it and "You", "Your" and "Yourself" shall be construed accordingly.
"Acceptable Use Policy" shall mean Our Service usage policy which sets out the terms and conditions on which You and Our visitors are permitted to use the features of Our Site and any amendments, updates and versions of this policy from time to time as defined in Art.3.6 of the present Terms and Conditions of Use of the Service.
"Fair Use Policy" shall mean Our Service usage policy which sets out the Terms and Conditions that limits the amount of Messages depending on the type of Service You are permitted to send to Your clients during a certain period of time.
We maintain the right to modify the Terms and Conditions of Use of Our Service without Your previous consent. We will publish the changes at http://www.tellody.com/terms&conditions. The changes will be effective when published. You are invited to review the Terms and Conditions of Use of Our Service on a regular basis. You understand and agree that the use of the Service after the date of publication of varied terms shall constitute your agreement to the updated terms. If you do not agree with the amended terms, you are strongly advised to terminate your relationship with the Company in accordance with Termination herebelow.

2. Contract Foundation

  1. If You are opening one Service Account, Your Account, with Us on behalf of a legal entity and, You hereby confirm that, {a} You have authority to do so; {b} by opening an Account You confirm that, You are a lawful or legally standing association, corporation, partnership, proprietorship, trust; {c} You have the legal capacity to enter into agreements or contracts, assume obligations, incur and pay debts, sue and be sued in its own right, and to be accountable for illegal activities; {d} You have read, understood, and agree to be bound by the Terms and Conditions and {e} You are also responsible for ensuring that all persons who access our Site are authorized by You are aware of these Terms and Conditions, and that they comply with them.
  2. Your Account will be deemed active in the date You will have entered into a binding contract with Us when You have agreed to Our Terms and Conditions of Use of the Service and You have completed the registration with Us.

3. Our Service

General

  1. We provide a service to Our customers, allowing through Our platform the customer care relationship management of Your clients. The Service provided by Us to You is subject to these Terms and Conditions of Use of Our Service. We do not accept any liability for any breach of Your obligations under these Terms of Service Terms and Conditions of Use of Our Service.
  2. We provide the Service as an intermediate between You and Your clients and We are in no way responsible for Your use of the Service.
  3. We reserve the right at any time to modify, change, suspend and/or discontinue Our Service (or any part thereof), whether permanently or temporarily without previous notice to You. We shall best effort endeavor to provide to You the Service. We give no warranties that the Service will be provided in a timely manner free from interruptions or errors or that all Your Messages will be delivered. We will not provide any warranty to You and We shall not be liable in any case or circumstances for Service unavailability or any Message not delivered, or not delivered in a reasonable period of time.
  4. We are not responsible for the back-up of any information including Your Content and Your Contact Details that You use as part of the Service and shall not be liable for any loss of such information.
  5. As Our customer, You have a personal, non-exclusive and non-transferable right to use Our Service that is provided to You by Us as is. You are not allowed to resell the Service.
  6. The use of the Service by You, is governed by the present Terms and Conditions of Use of the Service. As Our customer You declare that, by using Our Service :
    a} You have obtained a valid and traceable consent of Your client to send to him direct Messages
    b} You are solely responsible for the Content included in the Messages send to Your clients
    c} You are accepting the applicable Fair Use Policy regarding the number of Messages that You can send to Your clients
    d} You always comply without any condition, restriction and reservation to the applicable laws, regulations, industry codes of practice, ethical codes of conduct regarding the communication with Your clients.
    e} to do anything that will harm Our reputation and Our good will with Our customers
    Indicatively and not limited You are prohibited to use the Service to: a) contribute or perform any illegal act. This includes, but is not limited to, posting, storing, transmitting or spreading information or materials that are abusive, obscene, illegal, pornographic, libelous, racist, discriminatory, threatening or defamatory or that violates personal, social and intellectual rights of an individual or legal entity, or that in any way contribute to creating offense and violates any legal, state and federal regulation or impersonate any person, or to misrepresent Your identity or affiliation with any person, or promote any illegal activity b) cause any harm to a minor, c) upload, post, publish, transfer, reproduce, recreate or distribute through the Service any software or other digital material which is copyright protected violating the author rights (copyright), d) promote and / or contains content that contains malicious software or programs or viruses designed to interrupt, destroy or limit or performance downgrading the functionality of recipient's computer or telecommunications equipment, e) establish and promote in any way, any kind of unsolicited or unauthorized advertising or unsolicited by the recipient e-mails (spam), chain letters, pyramid schemes or any other form of solicitation, f) send large number of copies of the same or similar messages with trivial content or empty messages or files that may harm recipient's computer, server, account, newsgroup, chat or similar service, g) start, resume or in any way participate in any profit or other illegal scheme against another individual or legal entity, h) participate in the collection or collect the same large number of e-mail messages (emails), or other identifiers that would help in spying software and personal user data (spyware), i) impersonate another person as message sender or forge someone else's signature (digital or handwritten signature) or perform any fraud (eg phishing), j) disrupt the normal operation of the network and generally to undermine and degrade the security level, k) have access to another person or device systems, networks, software and data unknowingly to the recipient and without their consent, violating security or network and computer integrity, l) use or distribute unauthorized use tools or violation of safety devices eg decoders, passwords detectors, cracking tools, encryption tools bypass or Trojan Horse programs, m) when accessing and use the Service, should be lawful and proper use, and adhere to codes of conduct of the Internet (eg RFC 1087 ethics and the Internet), m) use by You, Your client data in accordance with applicable laws of privacy n) to store or send any Sensitive Personal Data (as defined in the Data Protection (DPA) Act 1998) or any bank account details, personal identification numbers, passwords and medical or social security information and any confidential information in general.
  7. We reserve the unilateral right to block and (or) suspend the use of the Service or part of It by You and without Your previous written or oral consent, for an undefined period of time without any liability from Our side, in case that, we receive any written or oral complaint or We suspect that you violate the Terms and Conditions of Use of the Service. We have the right to permanently block Your ability to send Messages and We are under no obligation to inform You of that a block has been placed before doing so.
  8. You agree that You are solely responsible for {a} maintaining Your account and Contact Details and ensuring that the information provided by You to Us is true, accurate, complete and not misleading at all times, {b} maintaining the confidentiality of Your password, username and Account, {c} any Content You use during the Service is owned or acquired by You and You are solely responsible for the use of any Content and {d} backing up any Content, Contact Details or other information that You store or send through Us.
  9. You agree to indemnify Us from any loss suffered resulting from Your breach of the Terms and Conditions of Use of the Service and (or) Your legal obligations when utilizing the Service. This indemnity includes loss suffered due to damage caused to Our reputation resulting from Your breach. The damage of Our reputation and Our good will shall be determined at Our sole discretion.
  10. You agree to indemnify Us against all liabilities, costs, expenses, damages or losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Us arising out of or in connection with Your breach of the Terms and Conditions of Use of the Service and (or) Your legal obligations.

Your clients and Your clients' Contact Details

  1. You warrant and represent that You will comply with all laws and regulations, including data protection, electronic communication, privacy, intellectual property and copyright laws, that apply to the collection, storage, transfer, distribution, process and use of Contact Details contained in Your account. You agree that You are solely responsible for ensuring such compliance.
  2. You have obtained an explicit, traceable and valid consent of Your client to send to him direct Messages and You are responsible for ensuring that You have the necessary explicit and valid permission(s) to transfer Your client Contact Details to Us to allow Us to receive and send Messages to Your clients' Contact Details on Your behalf.
  3. You warrant and represent that all Your and Your client Contact Details provided are true, accurate and complete at all times and You agree to indemnify Us from any claim made against Us or loss suffered by Us resulting from a breach of this clause. Should You provide false information and data to Us or fail to adequately update this information or data We retain the right to cancel or suspend Your account without notice.
  4. We reserve the right to keep records of how Your Contacts interact with other internet links across Our Service, including, but not limited to, recording whether Your Contact has clicked a link provided as part of the Service, the time of click, the number of times the link was clicked and his Internet Protocol (IP) address. We do this to help provide You with reports on Your Contacts' interactions if requested by You and provided at Our sole discretion. In order to do this, We may need to shorten links and this will be done automatically and We accept no liability for the linked content.

Content

  1. You are solely responsible for the Content included in the Messages send to Your clients as well as for the use of any Content including the use of the Content by Your clients (recipients) of the Content. You represent and warrant that You have obtained all the necessary licenses, permissions, consents, rights, and have the power and authority necessary to use, upload and publish the Content and any other material You have used and send via the Service and grant the rights granted herein to any Content and any other material You have used and send via the Service. By submitting and sending Content through Us and uploading it to Our platform, You grant us permission to store and transmit the Content as necessary to deliver the Service.
  2. We will not monitor, edit or remove any of Your Content before it is transmitted as part of the Service and any transmission of the Content or other use of the Content in connection with the Service does not constitute acceptance by Us that the Content does not breach these Terms and Conditions of Use of the Service. We may remove or refuse to transmit Content without notice, at Our sole discretion, and without any liability to You.
  3. We reserve the right for any reason to access, read, preserve and disclose any of the Content whether or not it has been transmitted, where, particular We believe it necessary to do so in order to do the following, which is not an exhaustive list, {a} comply any applicable laws, regulations, police, regulator, legal process or governmental request, {b} enforce these Terms and Conditions of Use of the Service, including investigating any potential breach thereof after a request by a public authority or regulator, {c} detect, prevent or otherwise address fraud, security or technical issues, {d} respond to request or query from a third party who has received the Content and {e} protect Our rights, property or safety including and not limited to Our clients, Our staff, Our agents, Our consultants, Our subcontractors and the public.

Your Client opt-out

  1. You warrant that whenever You send Messages You will include in Your messages a clear identification of Your legal entity as originator of the Message and an "opt-out" for Your clients of those Messages. Failure to include an "opt-out" will result a firm breach of Your obligations under the relevant applicable electronic commerce and electronic communications laws and regulations. This is entirely Your responsibility and We will not be liable for any breach of Your obligations by You and We bear no responsibility for ensuring You comply with the applicable laws and regulations.
  2. You agree that We can temporarily or permanently "opt-out" one or more of Your Contacts or any of their Contact Details at any time for any reason including a request to "opt-out" from Your Contact directly to Us. You cannot re-"opt-in" a Contact unless Your client subsequently agree to receive communications from You and You agree to provide upon Our request any evidence to Us.

Service Pricing

  1. The applicable Price List of Our Service is announced in the www.tellody.com
  2. We reserve the right to alter at any time Our Service price list or to introduce new subscription one -off or usage fees at any time without your previous consent.
  3. We charge You for use of the Service in accordance with the Our current Service price list, with {a} Service activation, reconnection or disconnection fees, {b} Any Fixed or Variable Service fee and {c} Service Usage fee depending on the number and type of Contacts and (or) Messages. All our Services fees are listed and published in the then current Service price list. Also, We may charge You with any other amounts due according to the terms agreed between the You and Us. The applicable VAT and any other taxes or fees are charged to You. Also You borne any expenses (operating, judicial or other) in which We have made due to non-fulfillment of Your contractual obligations.
  4. You will be charged for the use of the Service and every Message You send regardless of the final delivery status of the Message as per the applicable Service and Message fee at the moment You are using the Service.
  5. The use of the Service by You is allowed if Your Account in the Service is paid in full and in advance and the prepaid amount is equal or exceeds the fees of the Service requested by You. The advance payment by You to Us shall be performed either via a Pay Pal either by Your valid Credit Card accepted by Us and owned by You. We reserve the right to reject Your payment if the Credit Card is owned by any third person or legal entity.

4. Our Site

  1. We do not make any representation that Our Site, its contents or the Service are appropriate or suitable for use in countries other than Greece and Cyprus, or that they comply with any legal or regulatory requirements in any other countries. In accessing the Site, You do so at Your own risk and on Your own initiative, and are responsible for compliance with your local laws, to the extent any local laws are applicable. If it is prohibited to make this Site, its content or the Service (or any part of thereof) available in Your country, or to You (whether by reason of nationality, residence or otherwise, this Site, its content or the Service (or any part of thereof) are not directed at You).
  2. You may link to the home page of Our Site, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists. You must not establish a link to Our Site in any website that is not owned by You. Our Site must not be framed on any other website, nor may You create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website to which You are linking must comply in all respects with the content standards set out in Our Acceptable Use Policy.
  3. If You wish to make any use of content on Our Site other than that set out above, please contact Us at This email address is being protected from spambots. You need JavaScript enabled to view it..

5. Availability of Our Service

We try to ensure that the Service is available to You at all times. However, there may be occasions where We are forced to withdraw the Service for periods of time. While We shall use our best endeavor to limit any such period. We shall not be liable for any loss suffered resulting from the Service being unavailable.

6. Your Account and registration

  1. The way to open an account with Us is by registering on Our Site and for any query send an email to This email address is being protected from spambots. You need JavaScript enabled to view it..
  2. When opening an account with Us, You will be asked to provide details and information about You. All data submitted to Us in accordance with this clause will be handled in accordance with Our Privacy Policy which can be found on Our Site, www.tellody.com.
  3. You agree that We are entitled to treat any use of Your account under Your username and password as use by You.
  4. You are only entitled to set up one (1) account with Us, unless otherwise agreed with Us. We reserve the right to cancel any account(s) operated or registered by You where We find that You have more than one(1) account.
  5. We suggest that You to use a "strong" password, to provide for greater security and We will not be liable for any loss or damage arising from Your failure to protect the security of Your account. We will provide You with a replacement password and/or username upon request, provided You meet the appropriate security checks. We will not be liable for any loss You suffer as a result of You forgetting Your username and password.
  6. We reserve the right to require You to change Your password and username at any time, without cause.
  7. You agree to indemnify Us against all claims made against Us in respect of use of Your account.
  8. Your account and registration remains active for a period of six (6) months following either the expiration of your subscription prepaid fees either not being connected to Your account.

7. Pre-paid Credits

  1. Once You have opened an account with Us, You may purchase Credits at any time through Your account.
  2. Unless otherwise agreed in writing by Us, You can only pay for Credits in advance using Your PayPal account or a debit card or credit card approved by Us or any other method of payment that We may permit. Additional administrative charges may apply, depending on the method of payment.
  3. We may amend methods of payment approved by Us (including withdrawing methods of payment previously approved by Us) at any time.
  4. You warrant that any information supplied as part of the payment process is accurate and pertains to You and any credit card, debit card or equivalent method of payment provided belongs to You or You are authorized to use such payment method.
  5. You agree to indemnify Us against any loss We may suffer resulting from incorrect payment information provided or resulting from Your use of a payment method which You were not authorized to use.
  6. By purchasing Credits, You authorize Us to charge You the designated payment method for the total amount of the Service use.
  7. Once payment has been successfully received by Us Your account will be credited with the corresponding number of Credits.
  8. Credits are non-refundable unless We terminate Your use of the Service and/or close Your account pursuant
  9. We accept no liability for any loss caused by You due to failed payments.
  10. By purchasing Credits from Us, You agree to Our prices which will be set out on Our Site or notified to You by Us at the time You purchase the Credits.
  11. The price of Credits includes VAT (where applicable) at the applicable current rate chargeable in Greece for the time being and includes any other applicable taxes.
  12. The number of Credits You will use up for using any part of the Service are set Out on Our Site and may vary from time to time. For example, if 1 Credit enables You to send 1 SMS of 160 characters or less, if You want to send an SMS which contains 161 characters, this will use 2 of Your Credits. If You logon to Your account, You will be able to tell how many pre-paid Credits are available to You, subject to Us having a reasonable amount of time to update Your account from the time You purchase or use Credits.
  13. Unless You contact Us to leave Credits on Your account at any time before 6 months from the date that You last use a Credit, Credits purchased by You will expire 6 months from the date that You last use a Credit. You will not be entitled to a refund for unused and expired Credits.
  14. We are under no obligation to warn You that Your Credits will soon expire, but may do so as a courtesy.
  15. We shall endeavor to inform You when You have used Your pre-paid Credits, but are under no obligation to do so and shall not be liable for any consequences of not doing so.

8. Intellectual property

  1. We are the owner or the licensee of all intellectual property rights in Our Site and Our Service.
  2. All material published on Our Site is protected by copyright laws. All such rights are reserved by Us.
  3. You may print off one copy, and may download extracts, of any page(s) from Our Site for Your personal use and You may draw the attention of other within Your organization to material posted on Our Site.
  4. You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  5. Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged.
  6. You must not use any part of the material on Our Site for commercial purposes without obtaining a license from Us to do so.
  7. If You print off, copy or download any part of Our Site in breach of these Terms of Service Your right to use Our Site will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.
  8. You acknowledge and agree that We and/or Our licensors own all intellectual property rights in the Service. These Terms or Service does not grant You any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Service.
  9. Nothing in these Terms of Service gives You the right to use of Our name or any of Our trademarks, logos, domain names and other distinctive brand features.

9. Suspension and Block of Your Account to use the Service

We reserve the right to suspend or block permanently or temporally Your account and Your use of the Service at any time without notice and without cause and without any liability. During such suspension or block these Terms and Conditions of Use of the Service shall continue to apply until such time as Your use of the Service is reactivated by Us or terminated and Your account is closed. Suspension means that You have access to Your account and Your account content without the right to modify the content or to perform any activity other than view the contents. Block means that You have no access to Your account.

10. Term and termination

  1. These Terms of Service shall continue to apply to Your use of the Service and the Site unless otherwise terminated.
  2. We may terminate Your account and Your right to use the Service at any time with immediate effect without notice and without cause.
  3. If We terminate Your use of the Service and close Your account without cause We shall refund the amount paid for Credits which are unused and have not expired.
  4. If You stop using Your account or the Service, You will not be entitled to any refunds and if You have a credit arrangement with Us or owe monies to Us, You are still liable to pay all monies due to Us including interest (where applicable) in accordance with these Terms of Service.
  5. Termination of Your use of the Service and closure of Your account for cause shall include but not be limited to the following:
    1. any claims are made or threatened to be made against You by a third party in connection with Your use of the Service;
    2. You are unable to pay Your debts as they fall due or You admit inability to pay Your debts or You are deemed unable to pay Your debts;
    3. You commence negotiations with all or any class of Your creditors with a view to rescheduling any of Your debts, or You make a proposal for or enter into any compromise or arrangement with Your creditors;
    4. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with Your winding up or Your bankruptcy (as applicable);
    5. You are declared bankrupt or enter into an individual voluntary arrangement;
    6. an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over You;
    7. the holder of a qualifying floating charge over Your assets has become entitled to appoint or has appointed an administrative receiver;
    8. a person becomes entitled to appoint a receiver over Your assets or a receiver is appointed over Your assets;
    9. a creditor of Yours attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of Your assets;
    10. any event occurs, or proceeding is taken, with respect to You in any jurisdiction to which You are subject and that has an effect equivalent or similar to any of the events mentioned in this clause;
    11. You suspend or cease, or threaten to suspend or cease, carrying on all or a substantial part of Your business;
    12. You are subject to a change of control;
    13. You are in breach of Your obligations and responsibilities under these Terms of Service;
    14. any warranty given by You in these Terms of Service is breached or found to be untrue or misleading.
  6. On termination of these Terms of Service for any reason:
    1. all licenses granted under these Terms of Service shall immediately terminate;
    2. We may destroy, delete or otherwise dispose of any of the Contact Details and any other information provided by You which is in Our possession.
    3. any rights, remedies, obligations or liabilities that have accrued up to the date of termination of the Service and/or closure of Your account, including the right to claim damages in respect of any breach of these Terms of Service which existed at or before the date of termination shall not be affected or prejudiced.
    4. We may choose to retain Contact Details and any other information provided by You to Us after termination of Your use of the Service and after Your account is closed if We believe it is necessary to address: {a} any future claims of breach of laws and/or regulations; {b} claims of intellectual property infringement; {c} claims of fraud; {d} identifying future risks of breaches of law and/or regulations, fraud, security or technical issues.
    5. You consent to the retention of Your Contact Details and any other information in Your account for these purposes set out in the Terms and Conditions of Use of Our Service.

11. Limitations on liability

  1. Nothing in Terms and Conditions of Use of Our Service exclude or limit Our liability for death or personal injury arising from Our negligence, or Our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
  2. To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to Our Site or any content on it and to Our Service, whether express or implied.
  3. In addition to the limitations of liability set out elsewhere in the Terms and Conditions of Use of Our Service We will not be liable to You for: {a} 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 Your use of, or inability to use Our Site and Our Service; Your reliance on any information displayed on Our Site, {b} loss or destruction of Your data or other information, {c} claims made against You by third parties in relation to Your use of the Site and the Service, {d} any of Your devices or Your clients devices is not supporting Our Service, {e} loss of profits, sales, business, or revenue, {f} business interruption, {g} loss of anticipated savings, {h} loss of business opportunity, goodwill or reputation, {i} any direct and/ or indirect and/or consequential loss and/or damage.
  4. We 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 Our Site and Our Service or to Your downloading of any material on Our Site or on any website linked to it.
  5. Any failure to provide the Service because of something beyond Our reasonable control such as technical failure, lightning, flooding, exceptionally severe weather, fire or explosion, civil disorder, war, military operations, industrial disputes of any kind (including those involving Our employees), natural or local emergency, the acts or omissions of other providers of internet services or the failure of any network operator or anything done by regulating bodies, the government or other competent authorities.
  6. 6. Our maximum aggregate liability arising out of or in connection with these Terms of Service whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused, including by negligence and/or arising from a breach of, or a failure to perform the Service or otherwise in relation to the Service or the Site or operation thereof will be limited to the lower of (i) 60% (sixty percent) of the sums You have paid for the Service during the 12 months preceding the date on which the claim arose and (ii) 1,000 (thousand) Euros. The financial limit on liability set out above is the maximum liability of Tellody Limited any of its directors, employees, affiliates or other representatives and group companies.

12. Indemnity

In addition to other indemnities given elsewhere in these Terms and Conditions of Use of Our Service, You agree to indemnify Us against any and all claims or legal proceedings which are brought or threatened against Us by a third party because of Your use of the Site or the Service in breach of the provisions of these Terms Terms and Conditions of Use of Our Service.

13. Disputes with third parties

You undertake to tell Us immediately if anyone makes or threatens to make any claim or issue legal proceedings against You in relation to Your use of the Service. You warrant that at Our request You will immediately stop the act complained of and should We ask You to, provide a written statement detailing any such claims or legal proceedings.

14. Conflict

If there is an inconsistency between any of the provisions of the main body of these Terms and Conditions of Use of Our Service and the Polices, the provisions of the main body of these Terms and Conditions of Use of Our Service shall prevail.

15. Waiver

The failure or delay of Tellody Limited to enforce any of the provisions of these Terms and Conditions of Use of Our Service and exercise any of the rights and remedies contained herein or by law, shall not be deemed to be a waiver of those provisions or rights or remedies or any other rights or remedies, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

16. Severance

If any provision (or part of a provision) of the Terms and Conditions of Use of Our Service is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

17. Survivability

All warranties, indemnities and undertakings given by You and Your obligation to pay outstanding sums due to Us pursuant to these Terms and Conditions of Use of Our Service shall survive their termination.

18. Assignment

  1. You shall not, assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights or obligations under these Terms and Conditions of Use of Our Service.
  2. Tellody Limited may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of Our rights or obligations under the Terms and Conditions of Use of Our Service.

19. No partnership or agency

Nothing in the Terms and Conditions of Use of Our Service is intended to or shall operate to create a partnership between You and Tellody Limited, or authorise either You or Tellody Limited to act as agent for the other. Neither You nor Tellody Limited shall have the authority to act in the name or on behalf of the other to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

20. Third party rights

These Terms and Conditions of Use of Our Service do not confer any rights on any person or third party other than either of You and Tellody Limited and, where applicable, to successors and permitted assignees.

21. Notices

  1. Any notice required to be given under these Terms and Conditions of Use of Our Service shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to, in the case of Tellody Limited its registered office and in Your case the address or fax number that You register with Us online or such other address as may have been notified by either party for such purposes.
  2. A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by fax shall be deemed to have been received at the time of transmission (as shown by the timed printout obtained by the sender).

22. Governing law

These Terms and Conditions of Use of Our Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Greece.

23. Jurisdiction

You hereby irrevocably agree that the courts of Athens Greece shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions of Use of Our Service or its subject matter or formation (including non-contractual disputes or claims). If any provision of these Terms and Conditions of Use of the Service is deemed or become invalid, the validity of the other provisions shall not be affected.

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