Terms and conditions

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1. Introduction

1.1. About the Product
Mondo is a software-as-a-service (Mondo SaaS) and is referred to in this document as “Mondo” or the “Product.” It was created and developed by Netex GmbH, a German limited liability company (Gesellschaft mit beschränkter Haftung) headquartered in Germany at Uhlandstr. 30, 82256 Fürstenfeldbruck, registered under VAT ID DE226417367, hereinafter referred to as “Netex.”

The Mondo Omni-Channel SaaS Platform is an integrated, cloud-based solution designed to unify customer communications across multiple channels, creating a cohesive and consistent customer journey.

1.2. Definition of the Terms and Conditions
The General Terms and Conditions, hereinafter referred to as the “T&Cs,” constitute a binding agreement between you (whether you are an individual or represent a company) and Mondo or the respective Mondo subsidiary.
In this agreement, “we,” “us,” or “our” refers to Mondo or Netex. “You,” “your,” and “Client” refer to you personally, unless you are accessing or using our Services on behalf of an organization that does not have an existing contract with Mondo that governs your actions. If the latter is the case, you are accepting the Terms for that organization and representing that you have the authority to bind the organization to the Terms; as such, “you,” “your,” and “Client” will refer to the organization. If the organization already has a separate contract with Mondo that covers your access and use of our Services, however, the contract will govern, as opposed to these Terms.

1.3. Applicable Terms and Conditions
Together with our Privacy Policy and the Data Processing Addendum, which is incorporated by reference (hereinafter referred to as the “DPA”), the T&Cs constitute the entire agreement between Netex and you. These terms govern your use of https://www.mondo.chat/ (hereinafter the “Website”), the Mondo application, and/or the Mondo services, as applicable.
By using Mondo, you confirm that you have read these terms and agree to them. We may need to revise these Terms occasionally. Except when mandated by law, we will inform you prior to implementing such changes and offer you the opportunity to review them before they become effective. Once any updated Terms take effect, you will be obliged by them if you continue to use the Service. If you disagree with our updated Terms, you have the option to delete your account at any time. Please review all its provisions carefully. You can print the Terms of Use and Conditions using your browser’s “Print” function for reference.

1.4. User Experience and Security
Mondo strives to provide all users with a safe and positive experience. To help us do that, we need you to follow a few basic rules when you’re using our Product.

1.5. Compliance with Laws
When using our product, you must comply with all laws applicable to your organization. These Terms shall be construed and enforced under, and the rights of the parties shall be governed by, the laws of Germany without reference to its choice of law rules. Each party to this agreement consents to the exclusive jurisdiction of the courts in Fürstenfeldbruck, Germany.

1.6. Applicability
This document is binding on you from the time of registration until termination and governs the rights and obligations of the parties throughout the entire duration of the contractual relationship between them.

1.7. Changes to the Terms
We will inform the customer of any planned material changes or updates to our terms by sending an email notice at least thirty (30) days before the changes take effect, giving you the opportunity to review the changes before they become effective. Once any updated Terms take effect, you will be obliged by them if you continue to use the Service. If you disagree with our updated Terms, you have the option to delete your account at any time.

2. Account Registration

2.1. To use Mondo, you must have internet access and a Mondo-ready device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before the billing date, you authorize us to charge your payment method the membership fee for the next billing cycle.
To use our product, you must first set up a customer account and provide basic information such as your name, phone number, email address, and a secure password. Ensure that the information in your Mondo account remains accurate and up-to-date.

2.2. You bear sole responsibility for all activities under your account, irrespective of their authorization. All actions, or lack thereof, by anyone accessing your account fall under your purview.

2.3. Your Mondo customer account remains valid until it is terminated.
Protect your password and inform us of any security breaches. If there are indications of misuse of the service on your part, we reserve the right to close your account and, where appropriate, forward your data to the competent law enforcement authorities.
Keeping your password confidential is essential. Be proactive in preventing unauthorized access to our Product and promptly alert us of any security vulnerabilities. Notify us at once if you detect any unauthorized actions related to your account or any other security compromises, including the misplacement or theft of your login details. We shall not be held responsible for damages stemming from unauthorized actions on your account.

2.4. If there are suspicions of fraudulent, illicit, or inappropriate actions related to our Product, it could lead to the suspension or termination of your account, with potential reporting to law enforcement.

2.5. We gather specific details from our Clients to optimize their user journey and access to our Mondo SaaS. This collection is exclusive to Clients:

2.5.1. Essential contact information:
When you request our product or register for our services, we ask you to provide the key contact details. This includes your name, company name, address, phone number, and email address.

2.5.2. Payment details:
To purchase user licenses for our product, we ask you to provide payment-related information. This encompasses the billing name and address, credit card information, and the count of employees in your organization intending to utilize our Product.

2.5.3. Service security and network management:
To enhance the security of our services, certain data is required from you. For instance, during login to our account portal, we capture your IP address as a part of our “Identity Verification”. Additionally, information about your usage of our Services is gathered to facilitate efficient network management.

3. Specification of Services

3.1. Overview
Mondo is operated as a software-as-a-service (SaaS) platform and provides users with access, information, and functionality on a subscription basis.

3.2. Subscription access
By purchasing a monthly subscription, users receive exclusive access to our product and to resources that are available only to our customers. The subscription model ensures consistent updates, enhancements, and dedicated support.

3.3. User-friendly interface
Our product was designed with usability in mind. Its intuitive layout ensures that subscribers can navigate effortlessly, locate information, and utilize tools efficiently.

3.4. Customization and preferences
We understand that every user has individual requirements. Mondo offers customization options, allowing Clients to set preferences, personalize dashboards, and filter information according to their specific needs.

3.5. Support and assistance for Enterprise
Unsere Enteprise-Kunden profitieren von einem hohen Maß an Kundenbetreuung. Our team is readily available to address technical concerns, assist in information retrieval, and ensure that the platform’s functionalities align with the user’s needs.

3.6. Continuous updates and upgrades
In a dynamic world, it is of utmost importance to always stay one step ahead. Mondo is dedicated to continuous innovation. Clients receive regular software updates, feature enhancements, and access to the latest content, ensuring they always have an edge. We will inform you of any planned material changes or upgrades to the Product by sending an email notification at least then (10) days prior to the changes coming into effect. In case of any emergency, unplanned modifications or updates, or a minor change to Our Product, We will send You a notification by email as soon as time permits informing you of the date when such changes or updates become effective.

4. Accessibility

Mondo is designed to meet the accessibility requirements for products and services under relevant legislation. Our Product is designed in such a way as to maximize the foreseeable use by persons with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards. For additional details please see our Accessibility Statement.

5. Availability, Security, and Stability

5.1. Availability. Mondo shall: (a) make commercially reasonable efforts to maintain the security and integrity of the Product; and (b) use commercially reasonable efforts to make the Product available twenty-four (24) hours a day, seven (7) days a week, except for: (i) planned downtime or (ii) any unavailability caused by circumstances beyond Mondo’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Mondo’s possession or reasonable control, and denial of service attacks.

5.2. Temporary Suspension: It is in the best interests of both parties that We maintain a secure and stable environment. In the event of degradation or instability of the Software Product or an emergency, We may, in our sole discretion, temporarily suspend Client access to the Product provided under this Terms, provided We shall provide notice to Client where practicable. We shall have no responsibility or liability for any liabilities, losses, lost profits, potential lost business opportunities or damages that might arise in relation to Mondo’s suspension of access to the Product provided under this Terms.

5.3. Performance: The Product functionality depends on Internet availability, including networks, cabling facilities, and equipment that is not Our control. Accordingly:
– Notwithstanding any contrary provisions in the Terms and without limiting any other provisions of these Terms, all representations by Mondo regarding access to, performance, speed, reliability, availability, use, or consistency of the Product are based on commercially reasonable efforts; and
– no guarantee is given of any minimum level of access, performance, speed, reliability, availability, use, or consistency of the Product with respect to internet availability, including networks, cabling facilities, and equipment that are outside our control.

6. Intellectual Property

6.1. Netex owns the proprietary rights to all know-how, experience, ideas, concepts, and techniques of a general nature related to Mondo.

6.2. All content, designs, graphics, logos, software, data compilations, and other intellectual property within our SaaS system are the property of Netex or its content providers and are protected by international copyright, trademark, and other applicable intellectual property and proprietary rights laws. Unauthorized use, reproduction, modification, or distribution of any of these intellectual properties is strictly prohibited and may result in legal consequences. You acknowledge and agree that you will not use, copy, or distribute any of the content from our website or SaaS system other than as expressly permitted by these Terms. Any unauthorized use of Mondo’s intellectual property is a breach of these Terms and may violate copyright, trademark, and other laws.

6.3. License Grant / Use
Provided that you comply with these Terms, Mondo grants you a limited, non-exclusive, non-transferable, non-sublicensable, restricted, and revocable license to access and use the Mondo SaaS platform for your internal business purposes for the duration of the contractual relationship between the parties, for your commercial activities, and for Mondo’s purposes. This license does not allow you to reproduce, redistribute, modify, create derivative works, or otherwise exploit any Mondo Content without explicit written permission from Us.

6.4. Prohibitions

You may not:
– decompile our software’s source code or any part of it, or attempt to modify it, unless such activity is expressly permitted under applicable law.
Use the Mondo Content in any manner that infringes upon the rights of third parties.
Remove, alter, or obscure any copyright, trademark, or other proprietary rights notice incorporated in our Mondo SaaS platform.
Netex reserves the right to interrupt access to the Product if the Client has delays in paying due invoices, misuses the Product, or engages in conduct that may harm Netex or Mondo in any way.
Any damage caused to Netex because of a breach of the provisions of this Terms, including the disclosure of Mondo or any of its elements to third parties or unauthorized terminals, shall be borne by the Client. The value of the damage is set at Euros and represents anticipated damage agreed upon by the parties.

6.5. Trademarks
All Mondo trademarks, logos, service marks, trade names, and other distinctive brand features are protected by Netex under copyright law. Unauthorized use of any of these marks is strictly prohibited.

7. Confidentiality

The customer is obliged to treat as confidential all information that becomes known to them in the course of performing this contract and that relates to Mondo, its source code, its object code, and any other information belonging to Netex/Mondo that constitutes trade secrets and whose disclosure to third parties would be detrimental to Netex/Mondo.
The customer is obliged to protect all information, trade secrets, and know-how relating to the tool created by Netex/Mondo that they become aware of while fulfilling this contract, except for information that enters the public domain.
Any information, tangible or intangible, that is received by the contracting party and includes or pertains to Netex’s/Mondos commercial policies or practices, corporate structure, shareholding, contribution to profits or losses, internal organization of the Client, clients, suppliers, technical data, personal data of any individual, commercial, administrative or technical methods, trade secrets, including but not limited to documents, data, plans, verbal or written information, products, developments, inventions, know-how, services, business and marketing plans, prices, commercial strategies, recipes, current and past projects and ideas, financial and economic situation, forecasts, budgets, inventories, client or collaborator lists, databases, markets, financial information, market studies, contractual conditions agreed upon with clients or business partners, tender offers, access passwords to databases of any kind, and any other information received from third parties to whom the disclosing party has an obligation of confidentiality, shall be considered confidential. Other types of information provided by Netex/Mondo as confidential are also deemed confidential, regardless of whether they are marked as “confidential information.”
The obligation of confidentiality is indefinite. It applies throughout these Terms and continues even after its termination for any reason.
The obligation of confidentiality rests with the customer and is deemed satisfied if the customer fulfills the following obligations:
– The customer may not disclose to third parties, or use for themselves or for third parties, any confidential information relating to Mondo without the written consent of Netex/Mondo.
– It shall not disclose, without the written consent of Netex/Mondo, any confidential information, copies of the Mondo, or any elements thereof, whether by copying, reproducing, summarizing, and/or distributing.
– It shall not allow access to third parties to confidential information, such as copies of the Mondo, its source code, or any similar information, without the written consent of Netex.
– It shall employ appropriate security measures to prevent unauthorized access to confidential information, regardless of the form in which it is communicated (paper, electronic, or oral).
– It shall not retain copies, notes, or summaries of the Mondo containing confidential information, and shall destroy any materials containing confidential information that it has obtained and holds, regardless of the storage method, upon termination of the contractual relationship.
If confidential information is requested by unauthorized persons, regardless of the purpose for which it is requested (including, but not limited to, competitive purposes) or if confidential information is requested in exchange for any form of material benefits, the Client is obliged to immediately notify Netex of such request. The notification to Netex shall include details regarding the identity of the requester, the date of the request, and any other relevant information.
The Client is obliged to immediately inform Netex of any unauthorized disclosure or use of confidential information that comes to its knowledge, regardless of the way it became aware of such disclosure or use, to limit any potential damages that may arise or to halt the unauthorized use of confidential information.
In the event of any violation of the provisions herein resulting in the disclosure of any form of confidential information through any means, whether intentional, negligent, or due to negligence, the Client shall be liable for all damages caused, whether incurred by Netex or its collaborators/partners/clients/subordinates or even third parties.
The Beneficiary undertakes to indemnify Netex for any material or moral damage incurred because of breaching the provisions herein. The damage includes both the direct damage suffered by Netex due to non-compliance with the provisions of this agreement and the indirect damage suffered by Netex’s customers, employees, staff, partners, or other affiliated or subsidiary companies as a result of the breach of the confidentiality obligation.
If the beneficiary breaches the confidentiality obligation assumed under this agreement, they are obliged to compensate for the damage incurred by paying the amount previously agreed by both parties.

8. Payment

8.1. As we’ve tailored our pricing to accommodate various users, from beginners to large corporations seeking comprehensive solutions, we may offer several membership plans. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you upon subscription.

8.2. Free (Starter): For those who want to test the platform, the Starter plan is a perfect match. This is a free offer for 30 days for a single user. The plan includes the most important tools such as chat and e-mail functions. The special thing about this package is that users can test the basic functions for a whole month free of charge.

8.3. Standard: Geared towards users and small companies who require a broader set of tools, the Standard plan comes at a monthly tariff per user. It’s designed to offer an expansive range of features without overwhelming the user.

8.4. Enterprise: Tailored for larger establishments, especially those with a user base of over 20, the Enterprise plan offers a tailored experience. Recognizing the diverse and complex needs of larger organizations, this package unlocks every feature that Mondo has to offer. From advanced tools like Text-To-Speech (TTS) and intricate system integrations to outbound call functionalities and an Interactive Voice Response (IVR) system. To ensure smooth operations, we bolster this plan with VIP support.

8.5. The membership fee for the Mondo service will be charged to your Payment Method on the specific payment date indicated on the first of the month. The length of your billing cycle will depend on the type of subscription that you choose when you sign up for the service. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month.

8.6. To use Mondo service, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully processed due to expiration, insufficient funds, or for other reasons, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid payment method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

8.7. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.

8.8. The price differs depending on the version opted for by the Client. The service is monthly paid, based on Netex’s issued invoices. Payments will be made in EUR via bank transfer for Enterprise customers to the following account: IBAN DE44 8207 0024 0220 6076 00, BIC: DEUTDEDBERF, held at Deutsche Bank PKG. Standard customers can pay via PayPal or credit card.

8.9. Invoices shall be electronically sent to the following main e-mail address indicated on the account set up by the Client. For any overdue payment, the Beneficiary owes penalties amounting to 0.1% / day of the value of the due invoice.

8.10. Netex reserves the right to terminate the service without prior notice if the Client has payment delays of more than 30 days from the date of the first due invoice. In the previous point’s case, Netex shall terminate the Agreement without prior notice.

9. Termination and Suspension

9.1. Rights of Termination: Mondo reserves the right to terminate or suspend your access to our services, without prior notice, for conduct that we believe violates these Terms and Conditions or is harmful to other users of our services.

9.2. Notification: While not obligated to, Mondo will make reasonable efforts to notify you via the email address associated with your account upon the determination of a suspension or termination action.

9.3. Effect of Termination: Upon termination or suspension, regardless of the reasons, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our services.

9.4. User Termination: You may terminate your account and access to our services at any time. Any fees paid to us are non-refundable. Termination of your account does not relieve you of any obligation to pay any outstanding fees or charges.

9.5 No Liability: Mondo shall not be liable to you or any third party for the termination or suspension of your access to our services or for the deletion of information held about you.

9.6. By using Mondo’s services, you agree to these termination and suspension terms and understand your rights and obligations as stated.

10. Waiver and Severability

In the dynamic landscape of business and technology, the importance of clear and enforceable terms is paramount. Yet, understanding the potential fluidity of legal interpretations, Mondo wishes to clarify two key principles concerning our terms:

10.1. Severability: If any provision within these terms is found to be unlawful, void, or unenforceable, such provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Simply put, if one term doesn’t stand up in a court of law, the rest of the terms remain unaffected and still in full force.

10.2. Waiver: A failure or delay by Mondo in exercising any right, power, or privilege under these terms shall not operate as a waiver thereof. Similarly, any single or partial exercise of any right, power, or privilege shall not preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. This means that even if we decide not to enforce a particular provision at a particular time, this does not mean that we waive our right to do so in the future.
Mondo is not liable for indirect, consequential, and/or incidental damages incurred by the customer, or for damages caused by misuse of Mondo SaaS. In all other cases, Mondo is liable only for direct damages incurred by the customer, and only up to the amount of the price agreed between the parties.
Mondo undertakes to take all necessary measures to protect the security of the SaaS, as well as the data processed for its customers through the provision of the service. However, Mondo cannot be held responsible for security breaches, data leaks, or cyberattacks carried out by third parties that are not related to how Mondo fulfills the obligations assumed under this provision.
Wir wollen Bedingungen schaffen, die fair, transparent und belastbar sind. These principles of waiver and severability are essential in ensuring that our agreement remains robust and adaptable to evolving circumstances.

11. Warranties and Disclaimers

11.1. Mutual Warranties. Each party represents and warrants to the other party that: (a) it has the legal capacity and is authorized to enter into this agreement; (b) it has the necessary power and authority to execute, deliver, and perform its obligations under these Terms; (c) the execution and delivery of these Terms and the performance of its obligations hereunder have been duly authorized by it and do not require the consent of any third parties; and (d) it will perform its duties and obligations hereunder in a careful, diligent, professional, proper, efficient, and business-like manner.

11.2. Disclaimer. Except as specifically set out herein the Product is provided “As is”, without any representation, condition and/or warranty of any kind. We and our licensors and/or suppliers make no other representations and give no other warranties or conditions, express, implied, statutory, or otherwise regarding the Product provided under this Terms and We specifically disclaim any and all statutory representations, warranties, and/or conditions against non-infringement and any and all implied representations, conditions and/or warranties of merchantability, merchantable quality, durability, title and fitness for a particular purpose to the maximum extent permitted by applicable law.

12. Security and Data Protection Policy

Information security is one of our top priorities. We undertake to handle the information of employees, customers, stakeholders, and other interested parties with the utmost care and confidentiality.
Der Kunde ist für die Einhaltung der Datenschutzbestimmungen verantwortlich,
Weitere Einzelheiten zur Einhaltung des Datenschutzes finden Sie in der Datenschutzrichtlinie und dem Datenschutzzusatz, die Teil dieser Geschäftsbedingungen sind.

13. Written notifications

Any communication, notification, approval, agreement or other similar between the Parties must be transmitted in writing, under penalty of disregard.

14. Disputing Charges

If you question any part of the fees charged or to be charged under this Terms, you must inform us in writing. This written communication should be submitted to us within fifteen (15) days from when the charge occurred. We will collaborate with you to address the concern promptly. Wenn Sie uns Ihre Bedenken bezüglich der Gebühr nicht innerhalb dieses 15-Tage-Fensters mitteilen, verlieren Sie das Recht, alle von Ihnen gezahlten oder geschuldeten Gebühren zu beanstanden.

15. Governing Law and Jurisdiction:

This agreement is governed by the German Law. If it is not possible to resolve disputes amicably, the Parties agree to submit the dispute for settlement to the territorially and materially competent courts in Fürstenfeldbruck, Germany..

16. Client Feedback and Comments

Your thoughts matter to us at Mondo. Our dedication to improving and adapting our services rests on understanding your needs, preferences, and experiences. Here’s what you should know when sharing your insights with us:

16.1. Willingness to Share: When you provide comments, reviews, or suggestions (“Feedback”), remember it’s wholly your choice, and we truly appreciate it.

16.2. Open Conversations: We don’t treat Feedback as confidential. Thus, unless we specifically agree otherwise, what you share may be used in broader conversations to better our services.

16.3. Rights for Improvement: By sharing Feedback, you’re kindly allowing us the freedom to use it to better our services, which might include sharing beneficial suggestions with the broader Mondo community.

16.4. Your Authenticity: We trust that when you share, it’s your genuine experience and insight, and that it respects third-party rights and all relevant laws.

16.5. Our Responsibility: While we’ll always handle your Feedback with respect and attention, we can’t be held responsible for how it might be used or shared once it’s part of our improvement conversation.

17. Publicity

During the Term, We may refer to You (including Your logos) publicly as a client of Mondo including on its website and in other marketing materials.

18. Contact:
Netex GmbH,
Uhlandstr 30, 82256,
Fürstenfeldbruck, Germany,
Phone: +49 36327558970