Terms & Conditions

1.1 About the Platform

Mondo is a cloud-based Software-as-a-Service (SaaS) omnichannel communication platform operated by Netex GmbH. The Platform enables businesses to centralise customer conversations from multiple communication channels — including web chat, email, WhatsApp, Messenger, Instagram, Telegram, Signal, Google Business Messages and voice — and to manage customer interactions, team collaboration, conversation routing, automation, integrations, analytics and AI-assisted functionality where applicable.

1.2 Definitions

In these Terms, the following definitions apply:

• “Company”, “we”, “us” and “our” mean Netex GmbH, Uhlandstr 30, 82256 Fürstenfeldbruck, Germany.
• “Platform” means the Mondo SaaS application and the related software, APIs and services operated by the Company.
• “Services” means the omnichannel communication services and features made available through the Platform, as described on the Website and in the applicable plan documentation.
• “Website” means the website available at mondo.chat, including all of its subpages.
• “Client” or “Customer” means the business or organisation that registers an Account and uses the Platform under a Subscription.
• “User” means an individual authorised by the Customer to use the Platform under the Customer’s Account, such as agents, administrators and account owners.
• “Account” means the Customer’s registered account on the Platform.
• “Subscription” means the plan — free or paid — under which the Customer uses the Platform, as described in Section 4.
• “Content” means any text, messages, media, files or other material transmitted, stored or processed through the Platform.
• “Customer Data” means personal data and other data that the Customer, its Users or its end users submit to or through the Platform.
• “Third-Party Services” means external services, channels, APIs and systems connected to or integrated with the Platform, such as messaging providers, email services, CRM systems or telephony providers.
• “AI Features” means the artificial intelligence functionality of the Platform, including the Mondo AI Suite (see Section 10).
• “Integrations” means connections between the Platform and Third-Party Services, whether pre-built or custom.

1.3 Acceptance of Terms

By accessing or using the Website or the Platform, or by creating an Account, you confirm that you have read, understood and accepted these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Platform.

If you register on behalf of an organisation, you represent and warrant that you are authorised to accept these Terms on behalf of that organisation and that these Terms bind it.

1.4 Relationship with Other Agreements

These Terms apply together with our Privacy Policy, our Cookie Policy and, where applicable, a Data Processing Agreement (“DPA”) and any separately signed order form or enterprise agreement.

Your use of the Platform is also subject to our Privacy Policy.

Where a separately signed agreement exists between you and the Company (for example an order form or enterprise agreement), that agreement prevails over these Terms in the event of conflict, with respect to the subject matter it covers. Where no such agreement exists, these Terms, together with the Privacy Policy and, where applicable, the DPA, form the contractual framework for the use of the Platform.

2.1 Eligibility

The Platform is directed at businesses and professional users. You may register an Account and use the Platform only if you have the legal capacity to enter into binding contracts and your use does not violate applicable law.

2.2 Account Registration and Information

To use the Platform, you must register an Account and provide accurate, complete and current information. You must keep this information up to date at all times.

2.3 Account Security and Users

You are responsible for safeguarding the credentials used to access your Account and for all activity that takes place under your Account. You must keep your credentials confidential, use strong authentication where available and notify us without undue delay at contact@mondo.chat if you become aware of any unauthorised access to or use of your Account.

You are responsible for the actions of your Users and for ensuring that your Users comply with these Terms. You must configure roles and permissions appropriately and revoke access without undue delay when Users no longer require it.

The Platform provides a unified workspace for managing customer conversations across multiple channels. Subject to your Subscription, the Services may include:

• an omnichannel inbox for web chat, email, WhatsApp, Messenger, Instagram, Telegram, Signal, Google Business Messages/RCS and other supported channels;
• conversation management, customer profiles and contact histories;
• team collaboration features, such as assignments, internal notes and mentions;
• conversation routing, automation and workflow functionality;
• voice and IVR functionality for telephony channels;
• reporting and analytics;
• integrations with Third-Party Services, including via REST API, webhooks, OAuth 2.0 and SDKs;
• AI-assisted functionality, where included in your Subscription (see Section 10).

The exact scope of the Services depends on your Subscription. Feature descriptions on the Website are for information purposes only and do not constitute a guarantee of particular functionality. We may develop the Services further in accordance with Section 18.

The plans and prices currently available are published on our pricing page.

4.1 Available Plans

Unless otherwise agreed, the following plans are available:

• Starter — a free plan for evaluating the Platform, available for the period stated on the pricing page;
• Standard — a paid subscription billed per user per month;
• Enterprise — a custom plan tailored to your requirements, which may include service level agreements and premium support.

The features, limitations and user allowances included in each plan are described on the pricing page. Where plan details are not specified there, they will be agreed with you before the contract is concluded.

4.2 Subscription Term and Renewal

Paid subscriptions are provided for the billing period selected by the Customer. [RENEWAL AND CANCELLATION TERMS TO BE CONFIRMED BY LEGAL COUNSEL]

4.3 Plan Changes

You may upgrade or downgrade your plan using the options available in the Platform or by contacting us. Plan changes take effect in the billing cycle following the change. Downgrades may result in the loss of features, capacity or data associated with the higher plan.

5.1 Fees and Taxes

Fees for paid Subscriptions are as published on the pricing page at the time of purchase or as otherwise agreed with you. Unless expressly stated otherwise, fees are exclusive of value-added tax and other applicable taxes, duties and levies, which are borne by the Customer.

5.2 Billing and Payment

We issue invoices for paid Subscriptions in accordance with the applicable billing cycle. [PAYMENT METHODS AND BILLING DETAILS TO BE CONFIRMED BY LEGAL COUNSEL]

5.3 Late Payment

If payment of due fees is not received by the due date, we may send reminders and, where reasonable and lawful, suspend the Services in accordance with Section 19 until outstanding amounts have been settled.

5.4 Price Changes

We may adjust the prices of paid Subscriptions from time to time, for example to reflect changes in our costs, product scope or market conditions. [NOTICE PERIOD FOR PRICE CHANGES TO BE CONFIRMED BY LEGAL COUNSEL] Price changes apply to future billing periods and do not affect fees already invoiced.

5.5 Refunds

[REFUND POLICY TO BE CONFIRMED BY LEGAL COUNSEL] Refunds are provided only where expressly agreed with you or where required by applicable law.

The Starter plan is offered free of charge for the trial period stated on the pricing page (currently 30 days) and does not require payment details.

The Starter plan is intended to allow you to evaluate the Platform before purchasing a paid Subscription. It may include a reduced feature set compared with paid plans, as described on the pricing page.

After the trial period ends, you can either upgrade to a paid Subscription or continue using the free Starter plan, in accordance with the options described on the pricing page.

We may change the duration, scope or availability of the free trial at any time; changes will not affect trials that have already started. We may suspend or terminate trial accounts that abuse the trial — for example by creating multiple accounts to obtain repeated trial periods — in accordance with Section 19.

As a Customer, you are responsible for:

• the accuracy, completeness and lawfulness of the information you provide during registration and while using the Platform;
• the actions of your Users and the appropriate configuration of roles, permissions and credentials;
• the configuration of the Platform and of the Integrations you connect;
• the content of your communications with your end users, including compliance with applicable consumer protection, anti-spam and telecommunications law;
• obtaining and maintaining all rights, permissions, consents and authorisations required for the channels, Integrations and Third-Party Services you connect;
• compliance with the terms and usage policies of the Third-Party Services you connect (see Section 9);
• the security of your Account and the prompt reporting of suspected unauthorised access;
• compliance with these Terms and with applicable law in connection with your use of the Platform.

You remain responsible for your relationship with your end users, including the lawfulness of the messages, notifications and other communications you send to them through the Platform.

You and your Users must not use the Platform:

• in violation of applicable laws or regulations, including data protection, telecommunications, anti-spam and consumer protection law;
• to distribute malicious software, viruses, worms, trojans or other harmful code;
• to send unsolicited bulk messages, spam or unlawful marketing communications;
• to conduct fraudulent, misleading or deceptive activities, including phishing or the impersonation of any person or organisation;
• to infringe the intellectual property rights, privacy rights or other rights of any third party;
• to harass, threaten, defame or otherwise unlawfully harm any person;
• to access, probe or interfere with the Platform, its infrastructure or other customers’ accounts without authorisation;
• to interfere with or disrupt the integrity, security or performance of the Platform, including through excessive automated requests, load tests or denial-of-service activity;
• to reverse engineer the Platform, except to the extent expressly permitted by mandatory applicable law;
• to circumvent usage limits, access restrictions or technical protective measures of the Platform;
• to abuse APIs, webhooks or Integrations, including in a manner that exceeds reasonable request volumes or bypasses rate limits;
• to develop a product or service that competes with the Platform, except as expressly agreed with us;
• for any other unlawful or harmful purpose, or in any manner that could damage the reputation of the Company or the Platform.

We may investigate suspected violations of this Section 8 and may suspend or terminate access in accordance with Section 19 where a violation is confirmed or reasonably suspected.

The Platform can be connected to Third-Party Services — such as messaging providers, email services, social networks, CRM and ticketing systems, telephony providers, payment systems, automation platforms and other APIs — through pre-built Integrations or custom integrations via REST API, webhooks, OAuth 2.0 and SDKs.

Third-Party Services are provided by third parties under their own terms and conditions and privacy policies. We do not control Third-Party Services and are not responsible for their availability, content, security or practices.

In particular, you acknowledge that:

• the availability and functionality of Integrations may depend on the respective third-party provider;
• changes to third-party APIs, terms or policies may affect the functionality of Integrations;
• you are responsible for maintaining valid authorisations, API credentials and permissions for the Third-Party Services you connect;
• you must comply with the terms, usage policies and technical requirements of the Third-Party Services you connect, including their rules for business messaging;
• you must ensure that you have all rights and consents required to transfer data to and from the connected Third-Party Services.

We may add, change or remove Integrations in accordance with Section 18. Where an Integration is discontinued by a third-party provider, this does not constitute a breach of these Terms by the Company.

Where included in your Subscription, the Platform provides AI-assisted functionality as part of the Mondo AI Suite, which may include:

• AI chatbots, email bots and voice bots for automated customer communication;
• suggested replies and content generation for agents;
• intent detection and conversation classification;
• knowledge-base search and AI-generated answers;
• conversation summaries;
• sentiment analysis;
• smart routing of conversations.

AI Features are provided as assistance tools. AI output may be incomplete, inaccurate or unsuitable for your specific use case. You remain responsible for reviewing AI-generated content where appropriate and for all decisions made on the basis of AI-assisted functionality.

AI functionality may rely on third-party models and technologies and may change as models and technology evolve. We may add, change or discontinue AI Features in accordance with Section 18.

For information about the processing of personal data in connection with AI Features, please refer to our Privacy Policy.

The availability of AI Features depends on your Subscription. Details of the providers and processing arrangements involved are available on request.

11.1 Ownership of Customer Content

You retain all rights and ownership in the Content and Customer Data that you, your Users or your end users submit to, or that is transmitted or processed through, the Platform. These Terms do not transfer any ownership rights in your Content to the Company.

11.2 Licence for the Provision of the Services

You grant the Company a limited, non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit, process and display your Content and Customer Data solely as necessary to provide, maintain, secure and support the Platform in accordance with these Terms, the Privacy Policy and, where applicable, the DPA. This licence does not entitle the Company to sell your Content or to use it for its own marketing purposes.

11.3 Responsibility for Customer Content

You are solely responsible for your Content and Customer Data, including for ensuring that you have all necessary rights, permissions and consents to process them through the Platform and to transfer them to connected Third-Party Services.

11.4 Platform Content

All content, software and materials provided by the Company as part of the Platform — including text, graphics, logos, designs, documentation and the underlying software — are owned by the Company or its licensors and are protected by intellectual property law (see Section 14). Except as expressly permitted by these Terms, you may not use, copy, modify or distribute Platform content without our prior written consent.

We take the protection of personal data seriously. The processing of personal data in connection with the Website and the Platform is described in our Privacy Policy.

Please refer to our Privacy Policy for full details of how we process personal data and how you can exercise your data protection rights.

12.1 Roles of the Parties

Where you submit personal data of your end users or other individuals to the Platform (Customer Data), you determine the purposes and means of that processing and generally act as the data controller, while the Company processes that data on your behalf as a processor. Where we process personal data for our own purposes — for example account data of your Users or data of visitors to our Website — we act as a controller.

12.2 Data Processing Agreement

The specific obligations applicable to the processing of Customer Data on your behalf — including the subject matter, duration, nature and purpose of the processing, the security measures and the rights and obligations of the parties — are governed by our Data Processing Agreement (DPA), where one has been concluded.

Where no separate DPA has been concluded, the processing of Customer Data is governed by these Terms and the Privacy Policy, in accordance with applicable data protection law, in particular the EU General Data Protection Regulation (GDPR).

You remain responsible for ensuring that you have a valid legal basis for processing the personal data of your end users and for informing them accordingly.

Each party may receive confidential information from the other party in connection with these Terms. Confidential information includes business, technical, product, customer and security information, pricing, source code, non-public documentation and other commercial information that is designated as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure.

Each party will use the other party’s confidential information only for the purposes of these Terms, protect it with at least reasonable care and not disclose it to third parties, except to its employees, contractors and advisers who need the information for these purposes and who are bound by confidentiality obligations at least as protective as these Terms.

These obligations do not apply to information that:

• is or becomes publicly available without breach of these Terms;
• was already lawfully known to the receiving party before disclosure;
• is independently developed by the receiving party without use of the disclosing party’s confidential information;
• is lawfully received from a third party without restriction on disclosure; or
• must be disclosed by law, by court order or by a competent authority, provided that, where lawful and practicable, the receiving party informs the disclosing party before disclosure.

The obligations in this Section 13 survive the termination of these Terms for as long as the information remains confidential.

The Platform — including its software, source code, user interface, designs, features, documentation, trademarks, logos, platform architecture and proprietary technology — is owned by the Company or its licensors and is protected by copyright, trademark and other intellectual property laws.

Subject to your compliance with these Terms and payment of the applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform for your internal business purposes during the term of your Subscription. This is a right of use only: you do not acquire any ownership of the Platform or the underlying software, and you may not sublicense, resell, rent, lease or make the Platform available to third parties, except as expressly agreed with us.

You retain ownership of your Content and Customer Data as set out in Section 11. Nothing in these Terms transfers ownership of the Platform or any part of it to you.

The Mondo name, the Mondo logo and other trademarks used on the Website and the Platform are trademarks of the Company or its licensors. Any use of these marks requires our prior written consent, except where permitted by law.

If you or your Users provide us with suggestions, comments, ideas, feature requests or other feedback regarding the Platform, you grant the Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, reproduce, modify and incorporate that feedback into the Platform and related services without restriction and without obligation to you.

This Section 15 applies to feedback provided voluntarily. It does not affect your ownership of your Content and Customer Data, and it does not oblige you to provide feedback.

We aim to provide a stable and reliable Platform and will use commercially reasonable efforts to keep the Platform available and to minimise unplanned downtime.

The Platform may nevertheless be temporarily unavailable, in particular:

• during scheduled maintenance, of which we give advance notice where practicable;
• during emergency maintenance required to address security threats, critical faults or infrastructure failures;
• as a result of failures of the internet, public communication networks, electricity supply or other infrastructure outside our reasonable control;
• as a result of outages or limitations of Third-Party Services, such as messaging or telephony providers;
• as a result of force majeure events (see Section 24);
• as a result of cyberattacks or other malicious interference, notwithstanding appropriate protective measures.

Service level commitments apply only where they are expressly agreed with you in writing, for example in an enterprise agreement. Availability information on the Website is for information purposes only and does not constitute a contractual service level guarantee.

We apply technical and organisational security measures designed to protect the Platform and the data processed through it. These include, in particular:

• secure authentication and access control, including role-based permissions;
• encryption of data in transit and at rest;
• OAuth 2.0-based authorisation for Integrations;
• logging and audit trails for relevant activities;
• monitoring of the Platform for anomalies and security incidents;
• backup and recovery measures;
• measures to secure the underlying infrastructure.

We continuously review and develop our security measures in line with technical progress and recognised good practice. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

If you become aware of a security vulnerability or a suspected security incident affecting the Platform, please notify us without undue delay at contact@mondo.chat.

We continuously develop the Platform and may therefore update, improve, modify, add or remove features and functionality from time to time — for example to improve the user experience, to respond to technical developments, to comply with legal requirements or to reflect changes in Third-Party Services.

Where a modification materially reduces the functionality of features included in your paid Subscription, we will inform you appropriately in advance where practicable. [NOTICE PERIOD FOR MATERIAL CHANGES TO BE CONFIRMED BY LEGAL COUNSEL]

Modifications that do not materially reduce functionality — for example improvements, new features or minor changes to the user interface — may be made without prior notice.

19.1 Suspension

We may, with reasonable prior notice where practicable, suspend your access to the Platform or to individual Services in whole or in part if:

• you materially breach these Terms, including the acceptable use rules in Section 8;
• there is a reasonable suspicion of unlawful activity, fraud or a security threat originating from your Account;
• payment of due fees is overdue after a reminder;
• we are required to do so by law, by court order or by a competent authority;
• this is necessary to protect the Platform, other customers or third parties from imminent harm.

Where the reason for a suspension is remedied or proves unfounded, we will restore access without undue delay. Where lawful and practicable, we will inform you of the reason for the suspension.

19.2 Termination by the Customer

[CANCELLATION TERMS TO BE CONFIRMED BY LEGAL COUNSEL] You may discontinue your use of the Platform at any time by closing your Account. Where a paid Subscription exists, the notice and cancellation terms agreed at the conclusion of the Subscription apply.

19.3 Termination by the Company

We may terminate these Terms and your Account: (a) with notice at the end of the current billing period, where a material breach of these Terms is not remedied within a reasonable period set by us or where continued provision is unreasonable for us; or (b) without notice, where required by law or where there is a serious security threat, unlawful activity or fraud, or where continued provision would expose the Company, its customers or third parties to significant harm.

19.4 Effect of Termination

Upon termination, your right to access and use the Platform ends, your Account may be disabled and active Integrations may be disconnected. Outstanding fees for the period up to termination remain payable where applicable.

Where technically practicable, we will make Customer Data available for export for a reasonable period after termination and will thereafter delete or anonymise it in accordance with the applicable retention policy, the DPA and applicable law.

The Platform is provided with the functionality and features described on the pricing page and in the applicable plan documentation at the start of your Subscription. Subject to this, and to the maximum extent permitted by applicable law, the Platform is provided on an “as is” and “as available” basis, without additional warranties of any kind, whether express or implied — including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the Platform will be uninterrupted, error-free or completely secure, that defects will be corrected, or that AI output is accurate or reliable (see Section 10).

Nothing in these Terms excludes or limits warranties or rights that cannot be excluded or limited under mandatory applicable law.

To the maximum extent permitted by applicable law, neither party is liable for indirect, incidental or consequential damages, or for loss of profits, revenue, goodwill, anticipated savings or business opportunities, whether based on contract, tort (including negligence), statute or otherwise.

To the maximum extent permitted by applicable law, the Company’s total aggregate liability for all claims arising out of or in connection with these Terms is limited to [LIABILITY CAP TO BE CONFIRMED BY LEGAL COUNSEL].

The above limitations do not apply where and to the extent that liability cannot be excluded or limited under mandatory applicable law — including in cases of intent, personal injury and statutory product liability.

You are responsible for maintaining appropriate backups of your Content and Customer Data outside the Platform where this is necessary for your business continuity.

You will indemnify the Company against reasonable third-party claims, including the reasonable costs of legal defence, arising from:

• your use of the Platform in violation of these Terms or of applicable law;
• your Content and Customer Data, including claims that they infringe third-party rights, in particular intellectual property rights, privacy rights or personal rights;
• your breach of the terms, policies or usage rules of Third-Party Services connected to the Platform;
• your communications with your end users, where the claim does not result from a breach by the Company of its own obligations.

Where practicable, we will notify you without undue delay of any such claim and give you the opportunity to participate in its defence. This Section 22 does not affect the Company’s rights and obligations under Section 21.

Third-Party Services connected to or integrated with the Platform are independent services of third parties. We do not operate, control or endorse them.

To the maximum extent permitted by applicable law, the Company is not responsible or liable for:

• the availability, functionality, security or performance of Third-Party Services;
• changes to third-party APIs, terms, prices or policies, including their effect on Integrations;
• the content, accuracy or lawfulness of third-party content;
• security incidents, outages or policy changes affecting Third-Party Services that are outside the Company’s reasonable control.

Your relationship with the providers of Third-Party Services is governed exclusively by the agreements between you and those providers. Claims relating to a Third-Party Service must be asserted against the respective provider.

Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, government action, epidemics, widespread failures of the internet or public communication networks, failures of electricity or other infrastructure, labour disputes, major cyber incidents and other unforeseeable events outside a party’s reasonable control (“force majeure”).

The affected party will notify the other party without undue delay and take reasonable steps to mitigate the effects of the event. The obligations of the affected party are suspended for the duration of the event. If a force majeure event permanently prevents the performance of these Terms, either party may terminate the affected Services with reasonable notice.

We may update these Terms from time to time — for example due to legal developments, new functionality, changes in our services or changes in Third-Party Services. The current version is always available on this page; the “Last updated” date at the top of this page indicates when it was last revised.

[NOTICE PERIOD FOR CHANGES TO THE TERMS TO BE CONFIRMED BY LEGAL COUNSEL] Where a change materially affects your rights or obligations, we will inform you of the change appropriately in advance where practicable, for example by email or through the Platform.

If you continue to use the Platform after the effective date of a change, the change is deemed accepted. If you do not agree to a change, you may terminate your Subscription with effect from the effective date of the change in accordance with Section 19.

These Terms are governed by the laws of [GOVERNING LAW], excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.

The place of jurisdiction for all disputes arising out of or in connection with these Terms is [COURTS / JURISDICTION], insofar as permitted by applicable law.

Mandatory consumer protection provisions remain unaffected where they apply.

Should any provision of these Terms be or become invalid, illegal or unenforceable, the validity of the remaining provisions remains unaffected. In place of the invalid provision, a valid provision that most closely reflects its original purpose and economic intent shall apply, and the same applies to any gaps in these Terms, insofar as permitted by applicable law.

A failure or delay by either party in exercising a right under these Terms does not constitute a waiver of that right, and a single or partial exercise of a right does not preclude any further exercise of that right or the exercise of any other right. Waivers are effective only if made in writing.

These Terms, together with the Privacy Policy, the Cookie Policy, the DPA (where applicable), your order confirmation or enterprise agreement (where concluded) and any documents expressly incorporated by reference, form the entire agreement between you and the Company in relation to the Platform and supersede all prior or simultaneous agreements, understandings and communications on this subject matter, whether written or oral.

In the event of conflict, the order of precedence described in Section 1.4 applies.

If you have questions about these Terms or about the Platform, please contact us:

• Netex GmbH
• Uhlandstr 30
• 82256 Fürstenfeldbruck
• Germany
• Email: contact@mondo.chat
• Phone: +49 36327558970
• Company registration number: HRB 216131
• VAT ID: DE01318086

You can also reach us via our contact page.