Terms of Use

1. OVERVIEW

1.1. These Terms of Use (“Terms”) govern your access to and use of Multi-Channel Notification Engine – MCNE, a cloud-based software-as-a-service platform that enables organizations to create, manage, and deliver professional notifications across multiple communication channels (hereinafter the “Service”). If MCNE is purchased or accessed through the Microsoft Azure Marketplace, the Azure Marketplace contractual terms and conditions governing the offer shall apply and, in the event of any conflict or inconsistency between such contractual terms and these Terms, the Azure Marketplace offer terms shall prevail.

1.2. The Service is provided by ExeSoftware SRL, a limited liability company incorporated under the laws of Romania, having its registered office in Bucharest, Pascani Street No. 8, building 728A, entrance A, 9th floor, apt. 36, district 6, Romania, registered with the Trade Registry under no. J2001006017405, Sole Identification Number 13986294 (hereinafter “Company”, “Provider”, “we”, “us” or “our“).

1.3. By accessing or using the Service, you agree to be bound by these Terms. Please read them carefully. If you do not agree with all of them, please do not use our Service. If you use the Service on behalf of an organization, you represent that you are authorized to accept these Terms on behalf of that organization.

1.4. Any new features or tools that are added to the current Service shall also be subject to the Terms. You can review the most current version of the Terms at any time on our website, available at https://mcne.live/terms-of-use/. We reserve the right to update, change, or replace any part of these Terms by posting Updates and/or changes to our Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.

1.5. In case of a conflict between these Terms and other terms provided with respect to Updates to the Service, such other terms will prevail. This section will not require the Provider to deliver new features and functionality or any future services that may be offered.

1.6. In these Terms, unless otherwise provided, words in the singular form shall include the plural form, and vice versa, and words in the masculine gender form shall include the feminine gender form, and vice versa, where permitted by the context.

1.7. The headings appearing at the beginning of each section are for identification and reference purposes only and shall not be used to determine the construction or interpretation of the Terms.

2. DEFINITIONS AND TERMS

2.1. Account – means a business user account registered by the Customer with the Company that enables access to the Service and is created on the basis of accurate and up-to-date information provided by the User, including the Primary Email Address, and secured by a password chosen and maintained by the User.

2.2. Channels – means the communication channels supported by the Service, including email provided by different service providers, Microsoft Teams, Slack, WhatsApp, SMS, and any other channels made available over time.

2.3. Customer – means the individual or legal entity that subscribes to and uses the Service.

2.4. Customer Content – means all data, messages, files, templates, attachments, contact information, phone numbers, email addresses, metadata, and other content uploaded, stored, created, transmitted, or otherwise processed through the Service by or on behalf of the Customer.

2.5. Documentation – means the technical materials, guides, API references, and usage instructions provided by the Provider.

2.6. GDPR – means Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data;

2.7. Infrastructure – means the cloud-based technical environment, systems, and resources required for the hosting, deployment, and operation of the Service, including virtual servers, cloud computing environments, databases, storage systems, networking components, and related software and hardware elements. The Infrastructure is hosted and operated via third-party cloud infrastructure service providers and may be managed by the Provider and/or such third-party providers.

2.8. Intellectual Property Rights – means any and all rights, whether or not protected by intellectual property laws, arising by law, contract or otherwise, including but not limited to copyright and related rights, trademark rights, trade names, brands, logos, domain names, rights to geographical indications, patents, rights to industrial designs, rights in trade secrets and know-how, rights relating to software (in source or object code), databases (including sui generis rights), artificial intelligence models, websites, platforms and digital systems, as well as any other intellectual property rights, whether registered or unregistered, as recognized in any jurisdiction worldwide.

2.9. Primary Email Address – means the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.

2.10. Service – means the MCNE cloud-based software-as-a-service platform, including all modules, APIs, connectors, dashboards, communication features, and related components made available by the Provider, offering a unified interface for displaying Notifications from Third-Party Platforms.

2.11. Subscription – means the Customer’s right to access and use the Service for the subscription term and according to the applicable plan.

2.12. Third-Party Platforms – means external platforms, applications, or communication services integrated with the Service, such as Microsoft Teams, Slack, WhatsApp, email providers, and telecommunications carriers.

2.13. Updates – means any new versions or iterations of the Service, including bug fixes, security patches, feature enhancements, performance improvements, or other modifications provided by the Provider;

2.14. User – means any individual authorized by the Customer to access or use the Service under the Customer’s account.

3. DESCRIPTION OF THE SERVICE

3.1. General Description. MCNE is a cloud-based notification delivery SaaS platform designed to allow Customers to generate and send professional Notifications across multiple Channels, including but not limited to e-mail, Microsoft Teams, Slack, WhatsApp, SMS and other additional Channels made available from time to time. The Channels are operated and technically enabled by Third-Party Platforms that are independent of the Provider.

3.2. Role of the Customer. The Customer technically connects its own business applications, systems or platforms to MCNE for the purpose of generating and transmitting Notifications through the Service. All integrations, configurations, APIs, workflows and technical settings required for such connection, including the selection and use of Channels and any associated Third-Party Platforms, are implemented and managed solely by the Customer.

3.3. Role of the Provider. The Provider acts exclusively as a technical intermediary enabling the transmission of Notifications through the Service and does not create, draft, edit, modify, structure, approve or control the content of Notifications, nor does it determine the recipients, timing, frequency, routing or delivery parameters thereof. The Provider does not control or operate the Customer’s systems, applications or their integration with the Service and exercises no decision-making authority over the Customer’s use of the Service.

3.4. No sender or Originator Role. The Provider shall not be considered the sender, originator or initiator of any Notifications transmitted through the Service. The Customer remains solely responsible for the content, legality, consent and compliance of all Notifications.

3.5. Third-Party Platforms and Channels. Notifications may be transmitted through Channels operated by Third-Party Platforms such as Microsoft Teams, Slack, WhatsApp, email providers and telecommunications carriers. Such Third-Party Platforms are operated independently of the Provider and are subject to their own terms, policies and technical limitations. The Provider does not control, operate or guarantee the availability, performance, delivery success or functionality of any Third-Party Platform or Channel operated by it.

3.6. Service Components. The Service includes dashboards, APIs, automation tools, reporting modules, connectors to third parties, and related Documentation, which are made available solely to support the technical operation and delivery of the Notifications as configured by the Customer.

3.7. Service Evolution. The Provider may enhance, improve, or modify the technical features of the Service as part of its ongoing development, without affecting the Customer’s control over the content and configuration of Notifications.

4. APPLICATION OF TERMS OF USE

4.1. By accessing or using the Service, you agree to be legally bound by these Terms and all terms, policies, and guidelines incorporated by reference herein and/or available by hyperlink, including our Privacy Policy. These Terms constitute the agreement concluded between you and the Company, which governs the rights and obligations of each party arising from the use of the Service. If you do not agree with these Terms in their entirety, you may not use the Service.

4.2. The Company reserves the right to modify these Terms, or any applicable policy or guideline, from time to time. Any material changes will be communicated to the Customer at the Primary Email Address provided in the registration information and will be made available on the Company’s website. Such changes will become effective no earlier than fifteen (15) days after notice, unless the changes are required by law or relate to security or operational reasons, in which case they may take effect immediately. If you do not agree with the amended Terms, you may terminate your account without further obligation, except for any outstanding amounts due. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. The Terms will always indicate the “Last Updated” date. If you have any questions, please contact us at mcne@exesoftware.ro.

4.3. The Service is provided for the Customer’s internal business use only. The Customer may not resell, sublicense, lease, transfer, distribute, or make the Service available to any third party, whether free of charge or for consideration, without the prior written consent of the Company.

5. ACCOUNT TERMS AND USER RESPONSIBILITY

5.1. Eligibility: The Service is available to individuals who are at least 18 years old.

5.2. Registration: Access to the Service requires the creation of an Account. To register an Account, you must provide complete, accurate, and up-to-date information, including your name, your Primary Email Address, and any other information indicated as mandatory. You must also create and maintain a secure password for your Account. The Company reserves the right to refuse the creation of an Account for legitimate reasons, including but not limited to the provision of false, incomplete, or misleading information, or any other breach of these Terms of Use.

5.3. You represent and warrant that the information you provide to the Company is accurate, true, not confidential, and not in violation of any contractual obligations or other third-party rights. You agree that it is your responsibility to keep your information accurate and updated.

5.4. You acknowledge that the Company will use your Primary Email Address as the primary method of communication. You are responsible for monitoring your Primary Email Address and ensuring that it remains capable of sending and receiving messages. Only communications sent from your Primary Email Address will be deemed authenticated communications with the Company.

5.5. You are responsible for maintaining the confidentiality and security of your Account credentials and for all activities carried out under your Account. The Company shall not be liable for any loss or damage arising from your failure to maintain the security of your Account credentials. You must notify the Company immediately of any unauthorized access to or use of your Account. You may not share your Account credentials with any third party, and you agree to log out of your Account at the end of each session.

5.6. Any technical support in respect of the Service shall be provided to the Customer solely on the basis of a separate agreement expressly governing such technical support services and shall not be deemed included in the scope of the Service unless otherwise agreed in writing.

5.7. Updates: The Company may, from time to time, release updates, upgrades, or modifications to the Service in order to improve functionality, security, or performance. Such Updates shall form part of the Service and be subject to these Terms. The Company will use reasonable efforts to notify the Customer of material updates that may affect functionality or usage. The Company shall support the most recent version and may discontinue support for older versions upon reasonable prior notice. The Customer is encouraged to implement updates in order to benefit from the latest features and security improvements. Material changes that substantially impact the Customer’s use of the Service shall not be implemented without prior notice.

6. ACCESS AND USE OF THE SERVICE

6.1. All Intellectual Property Rights in and to the Service, including without limitation the software, source code, object code, architecture, design, interfaces, APIs, functionalities, documentation, trademarks, logos and any related materials, are and shall remain the exclusive property of the Provider and/or its licensors. Nothing in these Terms shall be construed as transferring to the Customer any ownership rights or interest in the Service or any part thereof.

6.2. Subject to the Customer’s compliance with these Terms, the Company grants the Customer a limited, nonexclusive, non-transferable, revocable right to access and use the Service, solely for the Customer’s internal business purposes and in accordance with these Terms and any applicable Subscription plan.

6.3. The rights granted to the Customer under these Terms are subject to the following restrictions:

6.3.1. The Customer shall not license, sell, rent, lease, assign, distribute, sublicense, transfer, or otherwise commercially exploit the Service or make it available to any third party, except as expressly permitted under these Terms.

6.3.2. The Customer shall not frame or use framing techniques to enclose any trademark, logo, trade name, or other MCNE proprietary elements.

6.3.3. The Customer shall not use any meta tags or other hidden text using MCNE’s name, trademarks, or service marks.

6.3.4. The Customer shall not modify, adapt, translate, create derivative works from, disassemble, decompile, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, or structure of the Service or any part thereof, except to the extent expressly permitted by applicable law.

6.3.5. The Customer shall not use any automated or manual processes, tools, scripts, bots, scrapers, crawlers, data mining tools, or similar technologies to access, extract, duplicate, copy, or harvest any data, content, or information from the Service, except where expressly authorized.

6.3.6. The Customer shall not attempt to bypass, disable, or circumvent any security mechanisms, access controls, usage limitations, or technical safeguards implemented in the Service.

6.3.7. The Customer shall not remove, alter, or obscure any copyright notices, proprietary rights notices, or branding contained in or displayed through the Service.

6.3.8. The Customer shall not use the Service for any unlawful, misleading, fraudulent, abusive, or harmful purpose, nor interfere with the integrity, performance, or availability of the Service or its underlying infrastructure.

6.4. Prohibited Uses: The Customer agrees not to:

6.4.1. Use the Service for any unlawful purpose or in violation of these Terms, including sending spam or unlawful unsolicited communications, or infringing the Intellectual Property Rights or other rights of third parties.

6.4.2. Access, modify or use any non-public areas of the Service or its underlying systems or infrastructure, including infrastructure operated by third-party cloud service providers, or access the Service by any means other than through the officially provided interfaces or authorized APIs.

6.4.3. Import, copy, distribute or process any files or data in respect of which the Customer does not hold the necessary rights.

6.4.4. Attempt to gain unauthorized access to the Service, related systems or data, or test, scan, bypass or circumvent any security or authentication measures.

6.4.5. Modify, reproduce, sell, rent, decompile, disassemble, reverse engineer or otherwise interfere with the structure or code of the Service, except as expressly permitted by applicable law;

6.4.6. Interfere with, disrupt, overload or impair the operation, availability or performance of the Service or its infrastructure, including through viruses, flooding or similar activities.

6.5. The Customer shall immediately notify the Company if it becomes aware of, or reasonably suspects, any unauthorized access to the Service or any security breach, and shall fully cooperate with the Company in investigating and remedying such incident and in limiting any resulting negative consequences.

6.6. Any breach of the limitations provided for under this chapter represents a violation of the contractual liabilities of the Customer and may lead to the termination of the agreement, in compliance with these Terms.

7. CUSTOMER CONTENT

7.1. Intellectual Property: All Intellectual Property Rights and any other rights in and to the Customer Content shall remain the exclusive property of the Customer. Nothing in these Terms shall be construed as transferring or assigning any ownership rights in the Customer Content to the Company. For the avoidance of doubt, the Customer retains all rights, title and interest in and to the Customer Content, including but not limited to any text, messages, files, templates, attachments, contact information, phone numbers, email addresses, metadata, and other content uploaded, stored, created, transmitted, or otherwise processed through the Service by or on behalf of the Customer.

7.2. The Customer grants the Company a limited, non-exclusive, royalty-free right to use, process, store and transmit the Customer Content solely for the purpose of providing and operating the Service in accordance with these Terms.

7.3. Content Representations and Warranties: The Customer represents and warrants that all Customer Content submitted for delivery through the Service:

7.3.1. are provided under the sole responsibility of the Customer, and the Provider shall not be liable for their accuracy, legality, completeness or appropriateness;

7.3.2. do not infringe or misappropriate any Intellectual Property Rights, data protection rights, privacy rights, publicity rights or any other rights of any third party;

7.3.3. do not contain illegal, misleading, defamatory, abusive, harmful, obscene or otherwise objectionable material;

7.3.4. fully comply with all applicable laws and regulations, including but not limited to those governing electronic communications, consumer protection, data protection and marketing communications;

7.3.5. do not include confidential, sensitive or restricted information belonging to third parties, unless the Customer has obtained all necessary authorizations and consents;

7.3.6. do not constitute spam, unsolicited commercial communications or unlawful marketing messages, and the Customer guarantees that all recipients have provided valid and lawful consent to receive such notifications, where required by law, and that each notification includes all legally required opt-out or unsubscribe mechanisms.

7.3.7. are submitted with full legal authority, and the Customer has obtained all necessary rights, licenses, consents and permissions to transmit such content via the Service and to grant the Provider the right to process and deliver such content strictly for the purpose of providing the Service.

7.4. The Customer acknowledges and agrees that the Provider acts solely as a technical intermediary providing notification transmission services and does not, under any circumstances, create, draft, edit, modify, pre-approve, verify, monitor, analyses, optimize, structure, format or otherwise interfere with the content of any Notifications. The Provider does not provide message templates, does not determine or influence the text, subject, structure or format of Notifications, and does not select, define or control the recipients, distribution lists, timing or delivery parameters of such Notifications, all of which are exclusively determined and managed by the Customer.

8. THIRD-PARTY PLATFORMS

8.1. In relation to any Third-Party Platforms, the Provider assumes no responsibility and shall not be liable for:

8.1.1. the content, availability, functionality, privacy policies, terms of service, security practices or operational performance of any Third-Party Platform;

8.1.2. any communications, data transmissions or interactions between the Customer and any ThirdParty Platform or third party;

8.1.3. any failures, delays, errors or interruptions in the transmission or delivery of Notifications attributable to Third-Party Platforms;

8.1.4. the compliance, quality, legality or reliability of services provided by Third-Party Platforms;

8.1.5. any disputes, claims or losses arising out of or in connection with the Customer’s use of ThirdParty Platforms or third-party services, including as a result of the Customer’s failure to comply with the terms, policies, usage rules or technical requirements imposed by any Third-Party Platform;

8.1.6. any changes, restrictions, suspensions, rate limits or technical modifications introduced by Third-Party Platforms that affect the availability, delivery or functionality of the Service;

8.1.7. any suspension, blocking or limitation of the Customer’s Account(s), numbers or identifiers by Third-Party Platforms;

8.1.8. any fines, penalties or claims arising from the Customer’s non-compliance with communication laws, carrier rules or policies applicable to Third-Party Platforms;

8.1.9. any incompatibility between the Service and Third-Party Platforms resulting from actions or decisions of such Third-Party Platforms.

9. LIMITATION OF LIABILITY AND INDEMNITY

9.1. The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the Customer acknowledges and agrees that its use of the Service is at its sole risk. The Provider does not warrant that the Service will be uninterrupted, error-free, fully secure, or that Notifications will be successfully delivered, received, or read by the intended recipients. The Provider makes no express or implied warranties, representations or conditions in relation to the Service, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability, non-infringement or uninterrupted operation, except for those warranties which cannot be excluded or limited under applicable law.

9.2. To the maximum extent permitted by applicable law, the Provider shall not be liable for any indirect or incidental damages, including but not limited to loss of profits, loss of business, loss of data, reputational damage or business interruption.

9.3. To the maximum extent permitted by applicable law, the Company’s total liability for any claims arising out of or relating to the Service shall not exceed the amount you paid to the Company in the twelve (12) months preceding the event giving rise to the claim or EUR 2,500, whichever is greater. This limitation shall not apply to liability which cannot be excluded or limited under applicable law, including liability for death, personal injury, fraud, gross negligence, willful misconduct, or breaches of data protection obligations.

9.4. The Provider shall not be liable for any damages, losses or claims arising from:

a) the Customer’s misuse of the Service or breach of these Terms;

b) the Customer’s failure to comply with applicable laws or Third-Party Platform policies;

c) failures, delays or disruptions caused by Third-Party Platforms;

d) any consequences resulting from non-delivery, delayed delivery or incorrect delivery of Notifications attributable to the Customer’s systems, configurations, data, instructions or content, the infrastructure, operation or policies of Third-Party Platforms or telecommunications providers, or any other circumstances beyond the Provider’s reasonable control, including technical failures, network outages, platform restrictions or external system limitations not caused by the Provider;

e) technical issues attributable to the Customer’s systems or infrastructure, integrations or configurations;

f) security incidents, data breaches or unauthorized access caused by the Customer, its Users or third parties;

g) force majeure events or circumstances beyond the Provider’s reasonable control.

9.5. The Customer acknowledges that the Provider does not control the content of Notifications and shall not be responsible for any claims, penalties, fines or damages arising from the content, legality or compliance of Notifications transmitted through the Service.

9.6. The Company does not guarantee that the Service will be available at all times or free from errors, viruses, or other harmful components, except as required by applicable law.

9.7. The Customer acknowledges that the Infrastructure supporting the Service is cloud-based and operated by third-party cloud infrastructure service providers. The Provider shall not be responsible or liable for any failures, interruptions, security incidents, performance degradations, unavailability or other issues arising from or relating to the Infrastructure, including outages, malfunctions, maintenance operations or technical limitations of such third-party cloud providers.

9.8. The Provider shall not guarantee the continuous availability, performance or reliability of the Infrastructure and shall not be liable for any consequences resulting from Infrastructure-related failures beyond its reasonable control.

9.9. You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, and agents from any claims, damages, losses or expenses (including reasonable legal fees) arising from or in connection with your breach of these Terms, unlawful use of the Service, violation of applicable laws, or the content of Notifications transmitted through the Service.

9.10. Nothing in these Terms shall limit or exclude liability that cannot be limited or excluded under applicable law.

10. SUBCONTRACTED COMMUNICATION SERVICES

10.1. The Customer may, on an optional basis, use certain communication services made available by the Provider as part of the Service, which are subject to additional usage-based fees. Such communication services are subcontracted by the Provider in its own name to third-party service providers.

10.2. These subcontracted communication services are governed by the terms and conditions, policies, and technical requirements imposed by the respective subcontractor, which shall apply in addition to these Terms and shall prevail in case of conflict with respect to the provision of such services.

10.3. At the date of these Terms, the Provider utilizes a single subcontractor for such communication services, whose applicable terms and conditions are available at: Service Terms Conditions – Infobip.

10.4. The Provider may replace or add subcontractors from time to time, without affecting the nature of the Service, and the Customer acknowledges that continued use of the subcontracted services constitutes acceptance of the applicable third-party terms.

10.5. Notwithstanding the use of subcontracted communication services or any direct relationship between the Customer and communication service providers, the Customer remains solely responsible for the content of all Notifications and for ensuring compliance with all applicable laws and regulations. The Provider shall not be responsible for the legality, accuracy, or compliance of such content.

11. CUSTOMER SUPPORT AND SERVICE PERFORMANCE

11.1. The Provider offers Customer support exclusively through a dedicated webform available at https://mcne.live/support/. The Provider shall use reasonable efforts to respond to support requests within three (3) business days from receipt of such request. For the avoidance of doubt, this response time represents an indicative target only and does not constitute a guaranteed resolution timeframe or a service level agreement (“SLA”).

11.2. The Provider does not commit to any formal SLA in relation to the availability or performance of the Service, unless expressly agreed in writing in a separate SLA executed between the Provider and the Customer. However, the Provider shall use reasonable efforts to provide support and address servicerelated issues within a reasonable timeframe. The Customer acknowledges that the Service is provided without guaranteed availability or performance levels.

11.3. Accordingly, the Customer understands and accepts that temporary interruptions, delays, reduced performance or unavailability of the Service may occur and do not constitute a breach of these Terms, except where expressly required by applicable law.

12. INFRASTRUCTURE AND HOSTING

12.1. The Infrastructure supporting the Service is cloud-based and operated by third-party infrastructure providers.

12.2. The Provider shall not be liable for failures, interruptions or degradations caused by the Infrastructure or by third-party infrastructure providers beyond its reasonable control.

12.3. The Provider may replace or modify the Infrastructure and/or its providers without prior notice, provided that such changes do not materially impair the functioning of the Service.

12.4. The Customer acquires no rights over the Infrastructure, which remains outside the scope of the Service.

12.5. The Provider may perform maintenance operations on the Infrastructure, which may temporarily impact the availability of the Service, and the Customer acknowledges and accepts that such maintenance is necessary for the proper operation and improvement of the Service.

12.6. The Provider shall implement reasonable technical and organizational security measures to protect the Infrastructure in accordance with generally accepted industry standards. However, the Provider does not 11 guarantee that the Infrastructure will be free from vulnerabilities, security incidents or interruptions, nor does it guarantee absolute security, continuity or uninterrupted availability.

13. SUBSCRIPTION PLAN

13.1. The Service is provided on the basis of a Subscription selected by the Customer. The billing and payment terms applicable to the Subscription shall be governed by a separate billing agreement, which may consist of the applicable terms and conditions of Microsoft Azure Marketplace or of another authorised marketplace or intermediary platform through which the Subscription is purchased. Any additional services or alternative pricing shall be subject to a separate agreement.

13.2. The Provider reserves the right to suspend access to the Service in the event of non-payment, without prejudice to any other rights or remedies, and without prior notification, unless the applicable terms and conditions of the relevant marketplace or intermediary platform governing the Subscription provide otherwise.

13.3. Notwithstanding the above, the Parties acknowledge that, at the date of these Terms, the Subscription and related billing may be facilitated through Microsoft Azure Marketplace or through another authorised marketplace or intermediary platform, acting as a commercial agent and/or intermediary of the Provider, in accordance with the applicable terms and conditions of the respective marketplace or intermediary platform. In such a case, invoicing, payment processing, and collection of Subscription fees may be performed by the relevant marketplace operator or by the intermediary platform provider on behalf of the Provider.

13.4. The Provider reserves the right to modify the billing and commercial model of the Service, including by providing direct billing to the Customer or by using other authorised intermediaries or platforms, upon reasonable prior notice, without affecting the validity of the Subscription or the Customer’s obligation to pay the applicable fees.

14. DATA PROTECTION

14.1. The Customer acts as the data controller in relation to any personal data contained in Notifications transmitted through the Service. The Provider acts solely as a technical intermediary for the transmission of such Notifications and does not determine the purposes or means of processing.

14.2. For information on how the Company collects, uses and discloses personal data in its capacity as a service provider, including data relating to Customers and authorized Users (such as Account, contact or billing information), please refer to the Company’s Privacy Policy available at https://mcne.live/privacypolicy/ By accessing and using the Service, the Customer acknowledges and agrees that the Company may process such personal data in accordance with the Privacy Policy. For the avoidance of doubt, this Privacy Policy does not apply to the content of Notifications or to personal data contained therein, which remains under the sole responsibility of the Customer, as data controller.

15. CONFIDENTIALITY

15.1. Each Party shall treat as confidential any non-public information received in connection with these Terms (“Confidential Information”) and shall not disclose or use such information other than for the purposes of performing this agreement, without the prior written consent of the other Party.

15.2. Confidential Information includes, without limitation, business, technical, commercial and operational information relating to the Parties, including information regarding the Service, Infrastructure, software, documentation, security measures, pricing and business strategies, whether or not marked as confidential.

15.3. Confidential Information may be disclosed only to authorized representatives on a need-to-know basis, provided that such persons are bound by confidentiality obligations at least equivalent to those herein.

15.4. These confidentiality obligations shall remain in force for the duration of the agreement and for an unlimited period thereafter.

15.5. Confidential Information shall not include information which is publicly available, lawfully obtained from a third party, already in the recipient’s possession, or independently developed without use of the Confidential Information.

15.6. Disclosure of Confidential Information may occur where required by law or by a competent authority, subject to prompt notification to the other Party where legally permissible.

16. WAIVER AND SEVERABILITY

16.1. If any provision of the Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore. The Company’s failure to require or enforce strict performance of any provision or to exercise any right under the Terms shall not be construed as a waiver of any such provision or right.

17. FORCE MAJEURE

17.1. Neither Party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent such failure or delay is caused by events beyond its reasonable control, including but not limited to natural disasters, war, acts of terrorism, riots, strikes, embargoes, governmental actions, pandemics, or failures of telecommunications or internet infrastructure.

17.2. The affected Party shall use reasonable efforts to mitigate the effects of the event and shall notify the other Party without undue delay. If a force majeure event continues for more than three (3) months, either Party may terminate the Agreement by written notice to the other Party

18. GOVERNING LAW AND JURISDICTION

18.1. These Terms shall be governed by and construed in accordance with the laws of Romania. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of Romania, without prejudice to mandatory consumer rights regarding jurisdiction.

19. TERM AND TERMINATION

19.1. These Terms shall remain in effect until terminated by either you or the Company. You may terminate by deleting your Account and ceasing use of the Service. The Company may suspend or terminate access with reasonable notice if you breach these Terms or for other legitimate reasons. Upon termination, your right to use the Service ceases immediately, and we may delete your Account data subject to legal retention obligations.

19.2. The provisions relating to Intellectual Property, Confidentiality, Limitation of Liability, Data Protection, and Governing Law shall survive termination of these Terms.