Terms and conditions
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1. Introduction
1.1. About the Product
Mondo represents a software-as-a-service (Mondo SaaS) and referred to as “Mondo” or the ”Product” throughout this document created and developed by Netex GmbH, a German legal entity, having headquarters in Germany, Uhlandstr 30, 82256, Fürstenfeldbruck, registered under UID-DE226417367 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 Terms
The Terms of Use and Conditions, hereinafter referred to as the “Terms”, establish a binding contract between you (whether you’re an individual or representing another legal entity) and Mondo or the relevant Mondo affiliate, if the case may be.
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. Governing Statement
These Terms, along with our Privacy Policy and the Data Processing Addendum, which is incorporated by reference (referred to as the “DPA”), constitute the complete Agreement between Netex and You. These Terms are in control of your utilization of the https://mondochat.netex.ro/ (referred to as the “Site”), the Mondo application, and/or the Mondo services, if the case may be.
By utilizing the Mondo, you acknowledge that you have read and agreed to these Terms. 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 Safety
Mondo is committed to providing a safe and positive experience to all users. 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 utilizing our Product, you are required to adhere to all laws relevant to your business operations. 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 binds you from the subscription moment until termination and provides for the rights and obligations of the parties throughout the contractual relations between them.
1.7. Modifications to the Terms
We will inform the Client of any planned material changes or upgrades to our Terms by sending an email notification at least thirty (30) days before the changes come into effect 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.
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 your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method.
To utilize our Product, begin by setting up an account and furnishing fundamental details such as your name, phone number, email, 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 membership will continue until terminated.
Safeguard your password and notify us about any security lapses. If there are signs of service misuse from your side, we reserve the right to close your account and, if deemed necessary, provide your information to the relevant law enforcement agencies.
Maintaining the secrecy of your password is imperative. 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 Details:
For inquiries about our Product or while registering for our services, we mandate you to share primary contact data. This includes your name, company name, address, phone number, and email address.
2.5.2. Payment Details:
For the acquisition of our Product user licenses, we ask for payment-related details. 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 fortify the security of our Services, specific data from you is essential. 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 operates as a Software-as-a-Service (SaaS) platform, offering users access, information, and functionalities on a subscription basis.
3.2. Subscription Access
Upon subscribing to our monthly service, users gain exclusive access to our Product and resources available only to our members. The subscription model ensures consistent updates, enhancements, and dedicated support.
3.3. User-friendly Interface
Our Product is designed with user experience in mind. Its intuitive layout ensures that subscribers can navigate effortlessly, locate information, and utilize tools efficiently.
3.4. Customization and Preferences
We recognize that every user has unique requirements. Mondo offers customization options, allowing Clients to set preferences, personalize dashboards, and filter information according to their specific needs.
3.5. Dedicated Support and Assistance for Enteprise
Our Enteprise Clients benefit from an elevated level of customer support. 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 the dynamic world, staying ahead is paramount. 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 anything to the contrary in the Terms and without limiting any other provision of these Terms, any representation made by Mondo regarding access, performance, speed, reliability, availability, use or consistency of the Product is based on a commercially reasonable effort basis; and
– no guarantee is given in respect of any minimum level regarding such access, performance, speed, reliability, availability, use or consistency of the Product in respect of Internet availability, including networks, cabling facilities and equipment that is not in 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 relevant 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/Usage
Subject to your compliance with these Terms, Mondo grants you a limited, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to access and use the Mondo SaaS platform for your internal business purposes, throughout the contractual relationship between the parties, in their commercial activities, and following the purpose of Mondo. 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:
Reverse engineer, decompile, disassemble, or attempt to discover the source code of our software or any part thereof, except to the extent that such activity is expressly permitted by 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 branding features are copyrighted by Netex. Unauthorized use of any of these marks is strictly prohibited.
7. Confidentiality
The Client is obligated to maintain the confidentiality of all information that it becomes aware of while executing this Terms and that pertains to the Mondo, its source code, operational code, as well as any other information that belongs to Netex/Mondo, represents trade secrets, and disclosure of which to third parties would cause prejudice to Netex/Mondo.
The Client is obligated to protect all information, trade secrets, and know-how related to the tool created by Netex/Mondo, which it becomes aware of during the execution of this Agreement, 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, regardless of whether they are labelled as “Confidential Information” shall also be considered confidential.
The obligation of confidentiality is indefinite. It applies throughout these Terms and continues even after its termination for any reason.
The obligation of confidentiality lies with the Client, and it shall be deemed fulfilled by fulfilling the following duties:
– It shall not disclose, without the written consent of Netex/Mondo, to any third party, and shall not use for its use or for the benefit of itself or any third party, any confidential information related to 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. Damages include both direct damages suffered by Netex due to non-compliance with the provisions of this agreement, as well as indirect damages suffered by clients, collaborators, employees, partners, or other affiliates or subordinates of Netex due to the breach of the confidentiality obligation.
If the Beneficiary breaches the confidentiality obligation assumed under this Contract, it shall be liable to compensate for the damages caused, paying the amount previously agreed upon 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 settled, due to expiration, insufficient funds, or otherwise, 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 choose not to enforce a particular term at any given moment, it does not imply that we relinquish our right to do so in the future.
Mondo shall not be held liable for any indirect damage and or any consequential and/or incidental damage caused to the Client or for damages that resulted from misuse of Mondo Saas. In all other cases, Mondo will be liable only for direct damages caused to the Client and only limited to the price of the Agreement between the parties.
Mondo undertakes to take all necessary measures to protect the security of SaaS but also of the data processed by making the service available to its customers. However, Mondo cannot be held responsible for any security breaches, data leaks or cyber-attacks carried out by third parties, that are not related to how Mondo performs the obligations assumed by this provision.
We intend to create terms that are fair, transparent, and resilient. 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 are committed to treating the information of employees, Clients, stakeholders, and other interested parties with the utmost care and confidentiality.
The Client is responsible for complying with data protection regulations.
For further details regarding data protection compliance please access the Privacy Policy and the Data Protection Addendum, which are part of these Terms.
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. Failing to notify us of your concerns about the fee within this 15-day window means you forfeit the right to contest any fees you’ve paid or owe.
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, Deutschland,
Phone: +49 511 93634 599