Terms & Privacy Policy


Terms & Privacy Policy 

 

Business Commerce Policy of InfoSeed Company 

  

1.Introduction 
1.1This Business Commerce Policy ("Policy") outlines the guidelines and terms that govern the commercial activities conducted by InfoSeed Company ("InfoSeed") on its platform and through its services. By engaging in commerce with InfoSeed, customers and clients ("Users") agree to comply with this Policy. This Policy is subject to change, and it is the responsibility of Users to review and adhere to the most recent version. 

  

2.Eligibility 
2.1 Eligible Users 
Users eligible to engage in commerce with InfoSeed include individuals, businesses, or organizations that seek to avail themselves of InfoSeed's products, services, or solutions. Users must comply with applicable laws, regulations, and contractual requirements. 

2.2 Compliance with Laws and Regulations 
Users must operate in full compliance with all applicable local, national, and international laws and regulations, including but not limited to those related to intellectual property, data protection, privacy, and fair trade. 

  

Product and Service Information 
3.1 Accuracy and Completeness 
InfoSeed strives to provide accurate and up-to-date information about its products, services, and solutions. However, Users are responsible for verifying the information provided and making informed decisions based on their specific needs and circumstances. 

  

3.2 Changes and Updates 
InfoSeed reserves the right to make changes or updates to its products, services, and solutions without prior notice. Users will be notified of any substantial changes that may impact their existing agreements or contracts with InfoSeed. 

  

Ordering and Payment 
4.1 Order Placement 
Users can place orders for InfoSeed's products, services, or solutions through designated channels specified by InfoSeed. Orders may require specific information, such as quantity, configuration, delivery details, and any other relevant specifications. 

  

4.2 Pricing and Payment Terms 
Pricing information for InfoSeed's products, services, or solutions will be provided to Users upon request or as specified in a separate agreement or contract. Payment terms, including payment methods, due dates, and any applicable taxes or fees, will be communicated to Users during the order process or as per the agreed terms. 

  

4.3 Order Acceptance 
InfoSeed reserves the right to accept or decline an order at its discretion. Acceptance of an order is subject to availability, order validation, and compliance with InfoSeed's policies and contractual obligations. 

  

4.4 Billing and Invoicing 
InfoSeed will issue invoices to Users for the agreed-upon products, services, or solutions. Users are responsible for ensuring the accuracy of billing and contact information provided to InfoSeed. 

  

Delivery and Support 
5.1 Delivery of Products and Services 
InfoSeed will make reasonable efforts to deliver products, services, or solutions within agreed-upon timelines or as specified in separate agreements or contracts. Delivery may be subject to factors beyond InfoSeed's control, and any delays will be communicated to Users promptly. 

  

5.2 Support and Maintenance 
InfoSeed may provide support and maintenance services for its products, services, or solutions. The terms, scope, and availability of support will be specified in separate agreements or contracts or as communicated to Users. 

  

Intellectual Property and Usage Rights 
6.1 Ownership of Intellectual Property 
InfoSeed retains ownership of all intellectual property rights associated with its products, services, or solutions, including software, documentation, designs, trademarks, and copyrights, unless otherwise specified in separate agreements or contracts. 

  

6.2 Usage Rights 
Users are granted non-exclusive, non-transferable rights to use InfoSeed's products, services, or solutions in accordance with the terms specified in separate agreements or contracts. Any unauthorized use, reproduction, modification, or distribution of InfoSeed's intellectual property is strictly prohibited. 

  

6.3 Dispute Resolution 
In the event of disputes between InfoSeed 

 

Business Terms of InfoSeed Company 

  

1.Acceptance of Terms 
These Business Terms ("Terms") govern the relationship between InfoSeed Company ("InfoSeed") and its clients, customers, or users ("Users") regarding the use of InfoSeed's products, services, or solutions. By accessing or using InfoSeed's offerings, Users agree to comply with these Terms. These Terms are subject to change, and it is the responsibility of Users to review and adhere to the most recent version. 

  

Scope of Services 
2.1 Products, Services, and Solutions 
InfoSeed provides a range of products, services, and solutions as specified in separate agreements or contracts, including but not limited to software development, IT consulting, system integration, and managed services. The specific details, scope, and deliverables will be outlined in the respective agreements or contracts. 

  

2.2 Modifications and Customizations 
Users may request modifications or customizations to InfoSeed's products, services, or solutions. Any such modifications will be subject to separate agreements or contracts, including additional costs and timelines as mutually agreed upon. 

  

Client Obligations 
3.1 Cooperation and Information 
Users are responsible for providing accurate and timely information, data, and cooperation necessary for the delivery of InfoSeed's products, services, or solutions. Users must ensure the legality, accuracy, and appropriateness of the information provided to InfoSeed. 

  

3.2 Compliance with Policies and Laws 
Users must comply with InfoSeed's policies, guidelines, and instructions communicated throughout the engagement. Users are also responsible for adhering to all applicable local, national, and international laws, regulations, and industry standards related to their use of InfoSeed's offerings. 

  

4.Payment Terms 
4.1 Pricing and Invoicing 
Users will be provided with pricing details for InfoSeed's products, services, or solutions as agreed upon in separate agreements or contracts. Invoices will be issued by InfoSeed according to the agreed-upon payment schedule, and Users are responsible for timely payment of all invoices. 

  

4.2 Taxes and Fees 
Users are responsible for any applicable taxes, duties, or fees associated with their use of InfoSeed's products, services, or solutions. If required by law, InfoSeed will collect and remit applicable taxes on behalf of Users. 

  

4.3 Late Payments 
Late payments may be subject to additional fees, penalties, or interest charges as specified in separate agreements or contracts or as per InfoSeed's policies. Failure to make timely payments may result in the suspension or termination of services provided by InfoSeed. 

  

5. Confidentiality and Data Protection 
5.1 Confidential Information 
InfoSeed and Users may exchange confidential information during the course of their engagement. Both parties agree to treat such information as confidential and to use it solely for the purposes of the engagement. Confidentiality obligations shall continue even after the termination of the engagement. 

  

5.2 Data Protection 
InfoSeed will handle personal data in accordance with applicable data protection laws and regulations. Users acknowledge and agree that InfoSeed may process personal data as necessary for the provision of its products, services, or solutions. InfoSeed's Privacy Policy provides additional details on how personal data is handled and can be accessed on InfoSeed's website. 

  

Intellectual Property 
6.1 Ownership 
InfoSeed retains ownership of all intellectual property rights associated with its products, services, or solutions, including but not limited to software, documentation, designs, trademarks, and copyrights, unless otherwise specified in separate agreements or contracts. 

  

6.2 License and Usage 
InfoSeed grants Users a non-exclusive, non-transferable license to use its intellectual property solely for the purposes outlined in separate agreements or contracts. Users must not reproduce, modify, distribute, or commercially exploit InfoSeed's intellectual property without prior written consent 

7. Cancelation policy 
Cancelation is not allowed after receiving the subscription. 

8.Return policy 
You will not be able to receive any refund for the payment made (“No refund, exchange only”). 

Last updated: Wednesday, 22th Feb ’23  

These Terms and Conditions (“Terms” or “Agreement”) represent a binding agreement between INFOSEED and You. It is important that You understand Your responsibilities and the limitations to the services which You choose to use. Our services are diverse and as a result additional service specific terms may apply. If this is the case, these service specific terms shall become part of Our agreement.  

Please use Our services responsibly. By using Our website or any of Our services, You agree to Our Terms. Take note that these Terms change from time to time. If You have used Our services before, You cannot assume that the Terms are still the same. You should review them on a regular basis as the same will be published online with the date of the last change noted at the top.  

  
1. Introduction  

1.1. You wish to use INFOSEED services (meaning services as provided under these Terms; hereinafter “Service,” or the “Services”).  

1.2. INFOSEED means INFOSEED LTD, a company registered in the United Kingdom and whose registered office is situated at 5th Floor, 35-38 New Bridge Street London EC4V 6BW (hereinafter „INFOSEED“; „We“; „Our“; „Us“).  

1.3. You wish to use the Services and We are willing to make the Services available to You subject to and in accordance with these Terms  

2. Binding Effect  

2.1. You are entering into a binding agreement. If You accept these Terms of use of Our Service on behalf of Your employer or another person, You confirm that You have the consent of Your employer or that person to act on their behalf. THESE TERMS APPLY TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON INFOSEED’S WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, You may be required to have certain hardware and software, which are Your sole responsibility.  

2.2. You are not eligible to accept these Terms or use Our Services if You are not of legal age to form a binding contract with Us or if You are barred by law to use Our services.  

2.3. In the event there is an agreement in place between You and Infoseed for any or all Services used, such agreement shall have precedence of application before these Terms.  

3. The Service  

The Service enables a Customer to use Our mobile services as set out as part of Your online registration. Any such billable unit under the Services shall be referred in these Terms and Conditions as a “Chargeable Event”.  

Any individual Service that You will use under these Terms shall be provided in accordance with the respective particulars, that You accept, as found on  (the “Service Description“). By accepting these Terms, You accept the application of the Service Description and confirm that you are familiar with them.  INFOSEED reserves the right to change or modify the Service Description at any time and in its sole discretion.  

4. Availability and Interruption of the Service  

4.1. We will make the Services available to You using reasonable skill and care. You do however acknowledge and agree that the availability of the Services, Your ability to access and/or use the Services and the conducting of any given Chargeable Event may depend upon factors beyond Our reasonable control, including (but not limited to):  

  • Factors affecting the operation of the Services and/or preventing Chargeable Event from being successfully conducted such as, by way of example, geographical or topographical shortcomings in the network of any telecommunications network operator (“Network Operator”), network capacity, physical obstructions or atmospheric conditions; or  
  • Factors preventing end-users from receiving Chargeable Events such as, by way of example, the terms and conditions of an end-user’s service provider.  

4.2. We cannot therefore guarantee:  

  • That the Services will be available to You at all times or free from faults or interruptions;  
  • The receipt by any intended recipient of any Chargeable Event sent using the Services (as applicable).  

4.3. We will not be in any way liable for any failure to make the Services available to You to the extent that such failure results from a technical or other failure on the part of any Network Operator or any other event which is beyond Our reasonable control. We provide all services “as is” and “as available”, and We hereby do not warrant, represent or guarantee, whether expressly or by implication, that any Services are free of errors or interruptions, always available, fit for any purpose, secure or do not infringe any third party rights.  

4.4. We may, at Our sole discretion, alter or improve the Services We provide to You at any time, provided that any such alteration does not materially affect the nature or detract from the functionality of the Services.  

4.5. It may be necessary from time to time for Us to suspend the Services that We provide to You for routine or emergency maintenance and/or repairs and We will, in so far as it is reasonably possible, provide You with a reasonable period of notice prior to any such suspension.  

  • We may at Our sole discretion suspend Your access to the Services and/or cease to allow any Chargeable Events to be conducted by You at any time. We are entitled to terminate these Terms for any reason, in which case We will give You appropriate notice as soon as is reasonably possible.  
  • Should Your account utilized in the provision of INFOSEED Service be inactive through a period of 6 (six) months it remains in INFOSEED’s discretion to suspend INFOSEED Services to You. You can reactivate the account with a request to INFOSEED sent 3 (three) working days prior to the required reactivation.  

5. Account, Passwords and Security  

5.1. In order to provide Our services, We may require certain information. You must ensure that the information is complete and accurate. We may suspend or terminate any service if You give information that is not complete and accurate. You warrant that all information You provide to Us is complete and accurate and You indemnify INFOSEED against any liability that may arise as a result of Your failure to provide complete and accurate information. You must immediately notify Us if any of Your information changes.  

5.2. We will provide You with a user name or customer ID or ask You to choose authentication credentials for each account. We may change, cancel or suspend Your account, which You will be notified about.  

5.3. You:  

  • must keep Your username, customer ID, password, ApiKey, login token or any other secret authentication credential confidential;  
  • must not circumvent, or attempt to circumvent, Our user authentication systems;  
  • must inform Us immediately of any unauthorized use of Your account or any other breach of security, including suspected doubts of such scenarios;  
  • are entirely responsible for all payments and any activities that occur on Your account;  
  • are liable for any damage, loss or costs that we or any third party may sustain as a result of any of your actions, or any actiony use of Your authentication credentials, account name or account information by a third party or as a result of Your violation of this section.  
  • are responsible for authorized and unauthorized use of Your account in case any of the security recommendations (point 5.4) are not or had not been implemented from Your behalf at the moment of questionable activity on Your account (i.e. in scenarios where, due to Your inability to implement maximum security measures available at your disposal, a potential unauthorized activity had taken place). This includes (list not exhaustive): service login, subsequent data insight, sending messages traffic, payments. Responsibility for these activities includes assuming liability for any damage, loss or costs that Infoseed or any third party may sustain as a result of these activities;  
  • must cooperate with Us during the resolution of potential unauthorized use of Your account, regardless of its cause and source of initial reporting.  

5.4. You are mandated to comply with Information security terms, available on the following link  For any questions, as well as in case of security compromise of your authentication credentials (username & password, ApiKey), You should contact INFOSEED immediately   

6. Confidentiality and Data Protection  

6.1. You will at all times keep confidential all information acquired as a consequence of using Our Services, except for information already in the public domain or information which You are required to disclose by law, requested by any Regulator or reasonably required by Your professional advisors for the performance of their professional services. When using Our Services, you shall comply with all laws and regulations applicable to the use of the Services and with Our Terms or any other terms as agreed between us.  

6.2. Please refer to Our Privacy Notice for details on personal data processing with respect to Our Services.  

6.3. With respect to the processing of personal data of your end-users that you provide to us through our Services, You are the controller and INFOSEED is the processor. You guarantee that you have obtained all required and valid consents under the applicable data protection laws and regulations (such as the EU General Data Protection Regulation) as required for the processing of personal data by INFOSEED for the performance of our Services. INFOSEED will process that personal data only upon Your instructions and in accordance with the data processing agreement. If you wish to enter into a data processing agreement with INFOSEED, a pre-signed version of our data processing agreement along with instructions on how to execute it is available  The completed and signed data processing agreement should be sent to INFOSEED via email as per the instructions. It will become legally binding upon receipt of the duly completed and signed data processing agreement.  

7. Support services  

7.1. Unless We agree otherwise in writing, We will provide on-line technical support via email in respect of the Service available to You at the following e-mail address:   

8. Customer Charges and Payment  

8.1. You agree to pay all Charges due to Us in respect of making the Service available to You and Your access to and use of the Service (“Customer Charges”) by the prepayment method and in accordance with the terms as set hereof.  

8.2. You agree to pre-purchase credits for each month of the Agreement or such other period as is agreed between us, in which case We will allocate to You a corresponding credit. Each Chargeable Event that You conduct using the Service will therefore reduce the value of the credits available to You by the corresponding amount.  

8.3. Any change in prices that might occur for one or more destinations shall be communicated do You via email and/or noted on our website.  

8.4. You shall be solely responsible, by seeking adequate Chargeable Event credit allocation(s) and checking Your remaining available Chargeable Event credit level on Our website, for ensuring that You have enough Chargeable Event credits to meet Your requirements from time to time and We shall not be in any way responsible or liable in the event that You have insufficient Chargeable Event credits to meet Your requirements, and/or have exceeded Your Chargeable Event credit allocation(s), for any period.  

8.5. For the avoidance of doubt, a Charge will be incurred for every Chargeable Event conducted by You regardless of whether it is successfully delivered.  

8.6. If You do not pay any Customer Charges in accordance with the applicable payment terms, We reserve the right to, in Our sole discretion, suspend Your access to the Service and/or cease to allow any Chargeable Event to be conducted by You until further payment is received by Us which fully covers any unpaid Charges.  

8.7. You are responsible for the payment of all bank and finance charges. Please ensure that the amount received on Our bank account, after deductions, corresponds to the full amount you owe Us.  

8.8. You will not be able to receive any refund for the payment made (“No refund, exchange only”). The latter shall not prevent any refund to be made according to the applicable customer protection laws.  

9. Marketing  

Parties hereby grant each other the right to use and display each other’s name and logo („Trademarks“) for promotional means on the respective websites or other promotional material, however, restricted solely in connection with the services provided under this Agreement. Any usage under this clause shall be done according to the proprietor Party’s guidelines as they may be provided from time to time. Neither Party shall use the other Party’s Trademarks in any manner that will disparage, harm or otherwise damage the other Party’s goodwill in its Trademarks. The Party using the Trademarks shall not, at any time, misuse the same or present itself as an affiliate or other legal agent of the Party whose Trademarks are being used. Any rights and linked usage of Trademarks granted under this Section shall be immediately discontinued in the event this Agreement is terminated.  

10. Rules of Use  

10.1. You warrant that You will not:  

  • Use the Services or permit the Services to be used to send Chargeable Events to any end-user for marketing purposes without that end-user’s explicit request for, or prior consent, to receiving them. If you are sending any Chargeable Event for commercial purposes to any of Your end-users, You must abide by the telephone marketing practices of the end-users’ jurisdiction, including but not limited to, obtaining prior express written consent from those end-users, and give all end-users the right to opt out of receiving any further Chargeable Events sent by You for commercial purposes (and You shall promptly process any end-user’s election to opt out);  
  • Use the Services or permit the Services to be used to convey Chargeable Events to any end-user, with a frequency and in numbers which are excessive in Our reasonable opinion;  
  • Use the Services or permit the Services to be used for any improper, fraudulent, immoral or unlawful purpose;  
  • Use the Services or permit the Services to be used for the transmission of any material which is of a defamatory, offensive, illegal, abusive, obscene or menacing character or nature;  
  • Use the Services or permit the Services to be used in a manner that infringes the intellectual property rights or any other proprietary rights of any third party; or  
  • Use the Services or permit the Services to be used in a manner that may injure or damage any person or property or cause the quality of the Services to be impaired.  

10.2. You will at all times during the duration of the Agreement:  

  • Send only Chargeable Events that comply with all applicable laws, regulations and Codes and that contain nothing which is likely to cause offense in view of the generally prevailing standards of decency and propriety from time to time;  
  • Comply with all reasonable directions and instructions issued by Us from time to time in relation to the Services;  
  • Comply with and observe at all times all applicable laws, regulations and Codes and any directions, recommendations and decisions of any Regulator; and  
  • Not act in any manner likely to bring Us, the Service or any Network Operator into disrepute.  

10.3. In the event INFOSEED has reason to believe CLIENT content being transmitted is unauthorized, prohibited, in any way illegal or otherwise not allowed, INFOSEED has the take any steps or measures necessary to safeguard both Infoseed’s as well as the Network Operator’s security. Furthermore, INFOSEED shall not be liable or obligated to deliver such messages to the End-User(s) nor shall the CLIENT be entitled to seek refunds, chargebacks or other forms of compensation in relation to the messages from this section.  

10.4. You will, upon request, provide Us or any Network Operator or Regulator with any information relating to Your use of the Services that the requesting party reasonably requires. You are responsible for ensuring that any information relating to Your end-users, including (but not limited to) Your end-user Data, is accurate and complete.  

10.5. You will not state or imply any approval by Us of any particular Chargeable Event that You send using the Services or refer to Us in any way without Our prior written approval.  

10.6. Where requested by Us, You will promptly provide Us with a representative Forecast of Your Service needs for the requested period, including (but not limited to) all reasonable details required for Us to plan network capacity requirements.  

10.7. We may, at Our sole discretion cease to convey, and You will promptly cease to transmit at Our request, any Chargeable Event.  

10.8. You warrant that You are the sole owner or licensor of all rights in Your End-User Data or You have obtained all necessary rights, licenses and consents from all relevant third parties to enable You, Us and Our sub-contractors to use the End-User Data for the purposes of the Agreement.  

10.9. CLIENT represents and warrants to INFOSEED that it shall, when using the INFOSEED Services in order to reach End-Users in South Africa, comply with the Wireless Application Service Providers Association’s (WASPA) Code of Conduct in force from time to time . The Code of Conduct is primarily aimed at consumer protection with specific references, which primarly include but are not limited to, consumer consent and permission to direct marketing, prohibited times for direct marketing and consumers’rights and mechanisms to opt-out from any future direct marketing communications.  

11. Disclaimers, Limitations of Liability and Indemnification  

11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INFOSEED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER SRVICES OBTAINED THROUGH THE SITE; (iii) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR VERIFIED PROFILE; AND (iv) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR THE SERVICES OFFERED ON THE WEBSITE.  

11.2. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE INFOSEED ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  

11.3. You agree to indemnify and hold INFOSEED, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against INFOSEED by any third party due to, arising out of or in connection with your use of the website and/or the Services.  

11.4. We will not be in any way liable for the content of any Chargeable Events sent or transmitted using the Service and the full responsibility for their content shall rest on you. You must observe all relevant legislation and regulations applicable in your jurisdiction and in the jurisdiction of all persons with whom you communicate directly when using the Service. By using the Service you also agree to be bound by the Rules of Use.  

11.5. Notwithstanding the foregoing, You acknowledge you will be solely responsible for any legal liability arising out of or relating to the Content and Services (whether transmitted on your own or on any Third Party’s behalf).  

11.6. Subject to any express provision to the contrary in these Terms, We will not in any circumstances be liable to You in contract, tort, negligence or otherwise for any economic loss (including, but not limited to, any loss or profits, business, contracts, revenue, turnover or anticipated savings) or for any indirect or consequential losses, whether or not they were foreseen or foreseeable.  

11.7. Each party acknowledges that neither You, nor We, have entered into the Agreement on the basis of or in reliance upon any representation (save for any representation made fraudulently), warranty or other term except as otherwise expressly provided in the Terms and, as such, all conditions, warranties and other terms implied by statute, common law or otherwise are hereby excluded to the greatest extent permitted by law.  

11.8. We shall at all times in respect of the subject matter of these Terms comply with all applicable laws, regulations and rules having equivalent effect.  

11.9. You shall be responsible for explaining and answering to any complaints that We receive from any relevant regulatory body resulting from your use of the Service. We will forward any complaints to you as soon as it is reasonably possible. You must follow the applicable complaint procedures and respond to each complaint within the timeframes specified by the relevant regulatory body and must forward a copy of your response to Us immediately. You will be liable for any fines and/or penalties imposed by any regulatory body against You or Us or any of our associated companies, due to Your contravention of these Terms.  

12. Term and Termination  

12.1. Either Party can terminate this agreement at any time by notice to the other Party with or without cause.  

12.2. Either party may also terminate this Agreement with immediate effect by notice to the other party if:  

  • The other party becomes insolvent, makes any arrangement with or for the benefit of its creditors, goes into compulsory or voluntary liquidation, has a receiver, administrative receiver, liquidator or other similar official appointed over its assets, is subject to an administration or similar order or ceases trading;  
  • The other party commits a material breach of the Agreement and (where such breach is capable of remedy) fails to remedy the breach within 14 days of a written notice from the party not in breach requiring its remedy; or  
  • Any license required for Us to operate the Services is revoked, terminated or modified or, in the case of new license requirements being imposed, the applicable license: Is not granted to Us; or Is granted to Us but in such a way as to prevent Us from continuing to make the Services available or a Network Operator from enabling Us to make the Services available.  

12.3. We may terminate the Agreement immediately upon notice in the event that any relevant legislation or regulation is implemented or modified with the effect that it is no longer commercially viable or possible for Us to make the Services available.  

12.4. Termination of the Agreement for any reason does not affect any rights that have accrued to either party under the Agreement up to the date of its termination and those terms and conditions of the Agreement that are by their nature capable of surviving termination will continue in full force and effect following such termination.  

12.5. On termination of the Agreement:  

  • You will immediately cease to use the Services; and  
  • All amounts then owed to Us, under or in connection with the Agreement, will become immediately due and payable.  
  • You will forfeit any unused credit on your account, except for payments received by us within seven (7) days prior to termination.  
  • All licenses and rights granted under these Terms will terminate immediately.  

13. Force Majeure  

Neither party will be liable for any delay in the performance of or any failure to perform any of its obligations under this Agreement that is caused by any event which is beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of necessary telecommunications, data communications and/or computer services, power supply failures or shortages, acts or omissions of third parties (including, but not limited to, Network Operators), acts of government or Regulators or telecommunications network congestion.  

14. Assignment  

Infoseed shall be entitled to assign, in whole or in part any rights, interests or obligations under this Agreement to either third parties or Infoseed’s successors and assigns without Your prior written consent.  

15. Intellectual Property  

15.1. All content, trademarks and data on our website, including software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Us, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to You in these Terms, all other intellectual property rights on this website are expressly reserved.  

15.2. We may grant You an individual, personal, non-exclusive and non-transferable license (“the License”) to use our proprietary software or application service, in object code form only, and only in accordance with the applicable Service Specific terms and other documentation, if any, and only in conjunction with the relevant services. You may not reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of our software; modify, translate, or create derivative works based on the software or application; copy, rent, lease, distribute, assign, or otherwise transfer rights to the software or application; or remove any proprietary notices or labels with regard to our services. We retain ownership of all propriety applications, software, intellectual property and any portions or copies thereof, and all rights in it. You will notify Us of any suspected infringement of Our intellectual property of which You become aware and will take all reasonable action as We may direct in relation to that suspected infringement where such is directly and specifically related to the services we provide you.  

15.3. These Licenses terminate when Our contract with you ends and you must destroy and stop using all of our software and applications in your possession. The software is provided and applications are offered “as is” and subject to the service warranty disclaimers and limitations of liability found elsewhere in these Terms. It is your responsibility to test the services before entering into this contract.  

15.4. Content from Our website may not be used or exploited for any commercial and non-private purposes without Our prior written consent.  

15.5. Changes to terms and conditions valid from 1.3.2023: You hereby instruct Us to create Resultant Data based on the communications and other data related to the use of the Services, and authorize the use of Resultant Data for the improvement and development of Our services and products and for any other legally permitted purposes. You hereby unconditionally and irrevocably grant to Us an assignment of all right, title, and interest in and to the Resultant Data including all intellectual property rights relating thereto. For the purposes of this clause Resultant Data shall mean anonymized data and information related to Your use of the Services, including anonymized communications, that is used by Us in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. Resultant Data shall not include (directly or by reference) any (i) information identifying You or any identifiable customer or individual or (ii) Your confidential information.  

16. Severability  

If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect.  

17. Governing Law & Dispute Resolution  

These Terms shall be governed by and construed in accordance with laws of the England and Wales and the parties hereto submit to the non-exclusive jurisdiction of the London courts for the purpose of enforcing any claim arising hereunder.  

18. Summary Terms and Conditions:  

You confirm that You hold the account corresponding to the data You have provided Infoseed with, or that You have the account holder’s permission to use this service.  

19. Post Paid Terms  

In the event Infoseed has, in it’s own discretion, agreed to enable a post-paid model for Your usage of the Services, the following shall apply:  

Infoseed shall issue an invoice on a monthly basis. Invoices shall be issued by the 10th day of every month for the previous month. Payment must be made within (15) fifteen days from the date the invoice was issued.  

If any invoices due under this Agreement are not paid on or before the due date for payment, You shall be notified such delay in payment and You agree to pay interest, accruing daily, on the overdue sum from the due date until the date of payment at the (i) rate equal to 1% monthly and 12% annually or (ii) the statutory rate for late payment in jurisdiction of the Your registered seat, whichever is higher.  

You shall not use Infoseed Services in amounts exceeding the maximum monetary amount that You are permitted to spend on the Infoseed Services per month which shall be communicated to You via email and established in Infoseed’s own discretion (hereinafter “Monthly Credit Limit”). The Monthly Credit Limit shall be effective immediately and/or until or unless differently communicated by Infoseed in accordance with this Agreement.  

If You reach the Monthly Credit Limit, prior to the end of the relevant month, Infoseed may immediately suspend the Services at its discretion.  

If Infoseed suspends the Infoseed Services under this section, You may pay any outstanding amount to lift the suspension, and the Monthly Credit Limit usage of Infoseed Services counting towards the Monthly Credit Limit will restart on the 1st day of the following month.  

During the Term, You shall not use Infoseed Services in amounts exceeding the maximum predefined amount which represents the total monetary amount which can, at any point of time, be generated (for traffic / service including all related fees) to Infoseed from You (hereinafter the “Total Credit Limit”). The Total Credit Limit shall be communicated to You via email and established in Infoseed ‘s own discretion and shall apply immediately and/or until or unless differently communicated to You by Infoseed in accordance with this Agreement.  

If You reach the Total Credit Limit, Infoseed may immediately suspend the Services at its discretion. If Infoseed suspends the Infoseed Services under this section, CLIENT may pay any outstanding amount to lift the suspension.  

Both the Monthly Credit Limit and Total Credit Limit (together, the “CreditLimits”) shall be established by Infoseed and will be based on Infoseed’s assessment of Your financial and operational wellbeing, taking into account relevant information, whether available as a matter of public record or submitted by You, if You chooses to do so at Your own discretion.  

Infoseed shall not unreasonably withhold consent for the appropriate adjustment of any Credit Limit if You request so, unless Infoseed disagrees, in which case Infoseed shall, upon Your request, provide You with the reasons which have prevented the requested adjustment. Infoseed may adjust any Credit Limit by giving You a 7 (seven) days’ prior notice. 

 

Privacy Policy 

This is the Privacy Notice of Infoseed Limited and its subsidiaries and affiliates. At Infoseed we aim to do privacy the right way – wherever we operate. We believe that the responsible use of personal data supports business growth and builds strong relationships between partners, consumers, and brands. As a business, we are committed to respecting and protecting the privacy of all individuals with whom we interact.  

It is very important to us to be transparent about the personal data we collect about you, how we use such data, and with whom we share it. That is exactly what this Privacy Notice – including Appendix 1 – contains. It is divided into several sections for easier navigation. In addition to this Privacy Notice, we will also sometimes provide you with additional just-in-time privacy information where appropriate.  

If you want to review first our simplified plain language overview of some of our key privacy practices, please see .  

1. Definitions  

We use the following definitions in this notice:  

  • The term “Infoseed” or “us” or “we” or “our” refers to the company Infoseed Limited as well as to its subsidiaries and affiliates. Occasionally, we might also use the term “Infoseed Group” to refer to Infoseed Limited and its subsidiaries and affiliates.  
  • The term “you” refers to a natural person (an individual) whose personal data Infoseed collects and processes.  
  • The term “Services” means Infoseed’s cloud-based communication (CPaaS – Communications Platform-as-a-Service and SaaS – Software-as-a-Service) and other products and services.  
  • The term “personal data” means any information about you from which you can be identified, directly or indirectly.  
  • The term “controller” means the organisation which determines the purposes and means of the data processing and is responsible for processing such data in a manner consistent with the applicable privacy law.  
  • The term “processor” means an organisation who processes personal data on behalf of the controller.  
  • The term “applicable privacy law” means all laws and regulations applicable to the processing of given personal data (e.g. the General Data Protection Regulation (EU) 2016/679, the UK GDPR, or the UK Data Protection Act 2018). Please see the country-specific addenda for more information.  

2. About Infoseed Services  

Infoseed is a Communications Platform-as-a-Service (CPaaS) and Software-as-a-Service (SaaS) provider. While providing Services to our customers, we act either as the controller or the processor, depending on the situation.  

Our activities as processor  

Our customers are mainly companies that integrate our Services into their business operations through their own software applications (via API) or by using Infoseed Portal, our web interface. By using our cloud communications platform, our customers are able to send or exchange their communications with their end-users using different communication channels (SMS, email, voice etc.). We are not in a direct relationship with our customers’ end-users, so we distribute these communications through telecom operators and other communications providers. When we do this, we act as the processor on behalf of our customers, and process the relevant data for the sole purpose of providing our Services to them. We do that within limits and according to customers’ instructions and in line with the Services terms and conditions, agreement for Services, or data processing or similar agreement concluded with the customer.  

For example, when you, as an end-user of our customer are the recipient of communication that our customer sent you by using our platform (such as an SMS message), we send that customer’s communications acting on behalf of our customer. That means that the customer is the controller, and Infoseed is the processor. Any request we may receive from customers’ end-users regarding their rights related to our activities taken on behalf of our customers will be forwarded to customers, or the end-users will be asked to contact them directly.  

Our activities as controller  

This Privacy Notice describes the activities which Infoseed undertakes as controller. Infoseed is a controller when we process personal data for our own purposes and do not act on behalf of someone else. We are committed to processing that data as described in this Privacy Notice and respecting all obligations arising from the applicable privacy law.  

3. Who is responsible for your personal data?  

The main entity responsible for processing of personal data as described in this Privacy Notice – the controller – is Infoseed Limited, 35-38 New Bridge Street, Fifth Floor, London EC4V 6BW, United Kingdom with a registration number 7085757.  

For the purposes of EU data protection laws, Infoseed Limited has appointed its EU-based Data Protection Officer (‘DPO’) as our EU Representative. Our DPO is contactable via the email address             

Please note that depending on the specific contractual agreement applicable to you and the given processing activity, another Infoseed subsidiary or affiliate may be a controller for your personal data. Contact details of all Infoseed subsidiaries and affiliates are available at   

If you have any questions regarding this Privacy Notice or our privacy practices, you may contact our Privacy team and Data Protection Officer via the email address   

4. How do we obtain your personal data?  

Most of the personal data we process is provided to us directly by you when you for example use our Services, visit our website, register for an event, participate in our research initiatives, submit an application form, or otherwise communicate with us.  

We also receive personal information from other sources, such as in the following situations:  

  • If you are employed by or represent one of our customers or suppliers they may provide us with certain information so that you can use our Services  
  • If you are an end-user of one of our customers they may provide us with certain information in order to use our Services  
  • If you participate in our market research, we may receive information from our third-party provider related to that research  
  • If you visit our website or use our Services, we automatically collect certain information, such as your Internet protocol (IP) address, user settings, cookie identifiers, and other unique identifiers, browser or device information, and location information (including approximate location derived from IP address). For more information about how we collect data through cookies please visit our Cookie Policy  
  • If you apply for a job, we may receive information from providers of background check services, or collect information from LinkedIn or other publicly available sources or from data enrichment providers (where permitted by local law)  
  • If you are named as a referee by our job applicant, we may receive certain information so that we can connect with you as part of our recruitment process.  

5. What personal data do we collect, why and on which legal basis, how do we use it, and for how long do we keep it?  

5.1 When we provide Services to our customers  

  

5.1.1.To enter into an agreement, create the customer’s account, and provide the necessary support to enable the customer to use our Services  

  

5.1.2. To enable customers to exchange their communications through our Services, ensure the security of our network and Services, and handle billing and payments  

  

5.1.3. To improve our products and Services  

  

5.2. When you provide your products or services to us  

  

5.3. When you contact us with a question about our products and services and when we are looking for new business opportunities  

  

5.4. When we send you our email or other marketing communications  

  

5.5. When you register for, attend, or speak at our webinar, business breakfast, developer meetup, or other events  

  

  

5.6. When we perform research activities  
5.6.1. When we perform anonymous market research activities  

  

5.6.2 When we perform in-depth market research interviews  

  

5.6.3. When we perform user experience research  

  

5.7. When you visit our website  

  

5.8. When you apply for a job or internship with us or when you sign up to receive job posting updates  

  

5.9. When you reach out to us regarding our social impact initiatives or when we collaborate on such initiatives  

  

5.10. When you visit our offices or premises  

  

6. How and with whom do we share your personal data?  

We may engage suppliers (also known as vendors or service providers) to help us in the processing of your personal data for the activities that we conduct as a controller and that we describe in this Privacy Notice. Since we are a global company, we may also share your personal data with our subsidiaries and affiliates as part of our daily operations. Any such sharing within the Infoseed Group is regulated by intercompany agreements on personal data processing and transfer.  

Before engaging any new supplier, we perform a security and privacy assessment. Where such supplier acts as our processor we ensure that the processing of personal data is governed by a written data processing agreement.  

Notwithstanding the foregoing, as a rule, we do not share personal data with third parties except when strictly necessary and on a need-to-know basis, such as with:  

  • Telecom operators and other communications service providers when necessary for the set-up of proper routing and connectivity. We are able to deliver messages that our customers send to their end-users, independent of where they are located, through our connections with telecoms and other communications providers (such as Whatsapp, Viber, Facebook, Kakaotalk, Line, or Telegram).  
  • Service and technology providers to the extent strictly necessary for them to perform specific actions on our behalf. These might be related both to our Services (e.g. as part of the functionality of our Services) and to our other processes (e.g. utilizing a software provider to manage our job application process).  
  • Third parties when required to comply with our legal obligations. We may share your personal data with authorised legal authorities due to relevant legislation, such as a judicial proceeding, court order, or legal process served on us (e.g. for criminal procedures) or because of threats to public security, regulatory requirement, or in the context of investigations or bankruptcy. As a communications provider, we are required to retain certain communications-related data for law enforcement purposes and will be required to share that data with authorized law enforcement authorities upon their request. Also, if we are under an obligation to demonstrate compliance with relevant accounting, financial and tax legislation, your data can be shared with auditors and tax authorities for those purposes.  
  • Advertising partners that we might use as part of our marketing activities. More information is listed in our Cookie Policy along with an explanation of how to adjust your cookie settings when visiting our website.  
  • Merger and acquisition stakeholders as part of disclosure in the event of a merger, sale, or other asset transfer. Your information may be transferred as part of such a transaction, as permitted by law or contract.  

7. How do we carry out international transfers of your personal data?  

We conduct our business operations globally, and sometimes we need to carry out international transfers of your personal data by providing your personal data to the parties specified in the section above. All international transfers are carried out while ensuring the confidentiality and security of your personal data and in line with the applicable privacy law. This might include specific technical, organisational, and contractual measures. For example, in relation to transfers of personal data outside the European Economic Area, we will complete and execute standard contractual clauses for data transfers where required.  

8. How do we secure your personal data?  

At Infoseed, we believe that security and privacy go hand in hand. In order to protect personal data collected and processed by us, we have therefore invested in the development, implementation, and constant improvement of a wide range of technical and organisational security measures. These measures have been implemented in accordance with ISO 27001:2013 standard requirements, and you can read more about them here. The list of our current and up-to-date certificates can be found here.  

We take care to train all our staff in the field of privacy and security, starting from their first day in Infoseed through the onboarding process and continuously throughout their stay at Infoseed.  

Before we engage a supplier, we check their security practices and alignment with the applicable privacy law. Once engaged, we continue to assess them on a regular basis.  

9. What are your rights in respect of your personal data?  

Depending on the applicable privacy law, you may have certain rights with respect to your personal data.  

Where granted by the applicable privacy law, you have the right to:  

  • Withdraw your consent to our processing of your personal data (to the extent such processing is based on your consent and consent is the only permissible basis for processing), without affecting the lawfulness of processing based on consent before its withdrawal  
  • Request from us to access your personal data, which means requesting a copy of the personal data we hold about you  
  • Ask us to rectify (correct) your personal data that you think is inaccurate and to complete your personal data that you think is incomplete  
  • Ask us to erase your personal data in certain circumstances  
  • Ask us to restrict the processing of your personal data in certain circumstances  
  • If we process your personal data by automated means based on your consent or upon a contractual relation with you, you can exercise the right of data portability  
  • If we process your personal data upon our legitimate interest, you have the right to object to the processing  
  • If you want to object to the processing of your data for marketing purposes, you can do it at any time by using the unsubscribe link provided in our marketing communications  
  • You may also have specific rights in exceptional cases when we may carry out automated decision-making operations, including profiling.  

If you have any questions on how we use your personal data or if you wish to exercise a certain right or resolve a complaint regarding the processing of your personal data, you can contact our Data Protection Officer by sending an email to the following email address: data-protection-officer@Infoseed.com.  

If applicable to you, you can lodge a complaint with the supervisory authority of the EU member state of your habitual residence, place of work, or place of the alleged infringement. If you want to file a complaint or contact the relevant data protection authority for any other reason, you may find contact details of EEA data protection authorities at https://edpb.europa.eu/about-edpb/board/members_en.  

10. Do we conduct automated decision-making that significantly affects you?  

We take partially automated measurements that include human intervention in order to analyze the way users of our platform use the features and tools available (e.g. by tracking usage behavior inside our web interface) in order to give you recommendations to improve your performance (e.g. how to better access certain features).  

11. How long do we keep your personal data?  

Your personal data that has been collected based on your consent will be kept for a period specified in the consent. If you wish to withdraw your consent for the processing of your personal data for any purpose and to delete your data, you can do that at any time by sending an email to data-protection-officer@Infoseed.com. Regarding your personal data that is not subject to your consent, we will only keep it for as long as necessary to fulfill the purposes for which it was collected before making it non-identifiable (anonymous) or deleting it, as required by law.  

Specific retention periods are listed under the respective activities in section 5 of this Privacy Notice. The retention periods listed are the standard default periods. In some cases, exceptions apply due to local laws related to law enforcement, tax, or other purposes. Additionally, if legal matters such as litigation, law enforcement requests, or government investigations require us to preserve records, including those containing personal information, for longer periods than listed in section 5, then we will delete the records in question when we are no longer legally obligated to retain them.  

12. Information from children   

Children under 16 cannot use our products and services as our customers. If we learn or are notified that it is the case, we will immediately take reasonable steps to delete that information from our records as quickly as possible. If you think a child under 16 is using our products or services as a customer, please contact us at data-protection-officer@Infoseed.com.  

13. How often do we update this Privacy Notice?  

The most current version of this Privacy Notice will govern our practices for collecting, processing, and disclosing personal data. We will provide notice of any modifications on this page. You can always check the date of the last update at the beginning of this Privacy Notice.