1. ACCEPTANCE OF TERMS

The services offered by ProSMS.gr belong to the company named Olokliromenes Lyseis Pliroforikis Ltd (trading name Cytech), based at the Science and Technology Park of Crete, in Heraklion, Crete, PC 70013, Tax ID 099928640, and are subject to the terms of use set forth below. All users agree to and accept these terms of use as described herein, while the administrators of ProSMS.gr reserve the discretionary right and option to unilaterally change or modify them at any time. Such modifications take effect immediately upon posting on ProSMS.gr, and therefore we recommend that users review these terms periodically.

2. DESCRIPTION OF SERVICES

The basic service provided by ProSMS.gr is the reselling of bulk SMS messages to registered users, who acquire the appropriate service package for financial consideration, through the aforementioned website.

3. LIMITATION OF LIABILITY

  1. It is mutually accepted and understood that, although ProSMS.gr provides its users/members with the necessary technological infrastructure and means for the uninterrupted operation and provision of the aforementioned services, in all cases the responsibility and potential liability for the method of using our provided service remains exclusively with the natural or legal person. This means that the user/member is solely responsible for all and any content sent, or otherwise made available through the services of ProSMS.gr.
  2. ProSMS.gr is not liable for any damage caused to its users or if, through the use of the provided service, they cause any damage or lost profits or other illegal acts to third parties, or for the failure of any communication between users or between users and third parties.
  3. Given the nature and volume of the Internet, under any circumstances, including cases of negligence or misrepresentation, ProSMS.gr is not responsible for any form of damage sustained by any user of the services, options, and contents of ProSMS.gr, which they access at their own responsibility and will. Any kind of SMS sending, as well as their contents, through the ProSMS.gr website are provided exactly “as is” without any guarantee expressed or implied in any way.

4. MEMBER REGISTRATION

  1. All users of ProSMS.gr can register as members provided that:
  2. They are over 18 years old, have full legal capacity, and have a valid email address and mobile number.
  3. If the visitor/user wishes to register to the service(s) of ProSMS.gr, they agree to: a) provide true, accurate, valid, and complete information regarding the details requested by ProSMS.gr in the relevant applications for access to the contents/services, and b) maintain and carefully update their registration details to keep them true, accurate, valid, updated, and complete.
  4. In case the user provides untrue, inaccurate, and incomplete information, ProSMS.gr has the right to suspend or terminate the user’s account, as well as to refuse any future use of some or all of its services.
  5. ProSMS.gr provides its users with comprehensive member services, following acceptance of these terms of use of its website and after completion of the registration process with their correct details.
  6. Use of the website requires a security code (password). The member agrees to maintain the confidentiality of the security code and is solely responsible for the actions associated with its use.
  7. Users agree and accept to immediately notify ProSMS.gr of any unauthorized use of their account and any actual and/or potential security breach. ProSMS.gr is not responsible for any harm or damage resulting from users’ failure to comply with this clause.

5. ELECTRONIC FRAUD (e-Fraud)

The phenomenon of financial fraud has been intensely observed in recent years, including within the framework of Internet application and operation. Offenders aim to maliciously use your personal details and other personal information. A website or a message through an electronic message (e-mail) is enough for offenders to steal such information. ProSMS.gr will never ask you, beyond the registration information, for personal “sensitive” data, such as bank account numbers, credit card numbers, and other similar personal information of financial content. Specifically, credit card details or payments via bank transfers will only be made “on demand,” i.e., only in the case of payment for the package of selected services exclusively by the user during registration or when renewing the provided services. In any case, if any of the users/members of the ProSMS.gr website becomes a victim of electronic fraud, either through an electronic message (e-mail or SMS), or false advertising, or in any other way and from third parties, they should immediately inform the DPO (Data Protection Officer) at the email address [email protected].

6. USER OBLIGATIONS

To protect the proper functioning of ProSMS.gr, users accept that they will not use its services for:

  1. Posting, publishing, sending, transferring, or using another method to install content that is illegal, harmful, threatening, offensive, damaging, defamatory, obscene, violent, abusive, racist, or otherwise objectionable, violates the personality and personal data of others, provokes feelings of hatred, and/or any other criminal offense.
  2. Causing harm to minors in any way.
  3. Impersonating any legal or natural person or making false statements about the identity of the user/member or misleading statements regarding the user’s/member’s relationship and/or collaboration with any other legal or natural person.
  4. Any alteration of user/member identifiers with the aim of misleading about the origin of the content transmitted through the services of ProSMS.gr.
  5. Posting, publishing, sending, transferring, or using another method to install content from a person who does not have the right to dispose of the specific content under law or under a confidential relationship.
  6. Posting, publishing, sending, transferring, or using another method to install software or content of any form (text, intellectual property of any entity (including trade secrets).
  7. Posting, publishing, sending, transferring, or using another method to install unsolicited or unauthorized advertising or other product promotion content, sending unwanted and unsolicited electronic messages (e-mails) to the recipient, and any other form of unwanted content promotion.
  8. Posting, publishing, sending, transferring, or using another method to install and/or promote and/or distribute content containing digital viruses or any other electronic code, files, or programs designed to interfere with, destroy, or limit the functionality of any software or computer equipment or telecommunications equipment.
  9. Interfering with the services or disrupting the services or servers or networks connected to the services of ProSMS.gr or disobeying the conditions, procedures, and rules of use of these networks.
  10. Violating, with or without intention, any local, national, European, international legislation and/or any rule having legislative force that concerns and/or covers any service of ProSMS.gr.
  11. Harassing in any way the privacy and individual and social rights of other users/members (such as collecting and/or storing personal data of other users/members).

7. FORCE MAJEURE

  1. ProSMS.gr, at any stage of the above actions, is not responsible for any interruption, delay, or further deterioration of the quality of services due to unexpected causes and conditions, the occurrence of which it cannot control.
  2. Because ProSMS.gr essentially acts as an intermediary for sending bulk messages and the provision of the provided service is carried out in conjunction with mobile phone providers, thus depending on the proper functioning of third-party systems, ProSMS.gr is not responsible in any case if mobile phone providers do not operate for a reasonable period of time due to upgrading or repairing their systems and consequently affect the services of ProSMS.gr or for any other external factor, including for reasons of force majeure, as defined by Greek Legislation.
  3. Force majeure causes are considered, indicatively and not exhaustively, wars (declared or not), strikes, accidents, fires, floods, storms, earthquakes or other natural phenomena, terrorist acts, sabotage, governmental prohibitions, acts of Greek or Community or other authorities, commercial blockade, interruption or damage to the fixed public telecommunications network or to third-party telecommunications networks, court decisions, prosecutor’s orders, and other reasons.

8. TERMINATION OF MEMBER ACCOUNT

The DPO of ProSMS.gr has the ability to prohibit access to the registered user/member and to the services provided through it at any time, in case they do not comply with the applicable terms of use. This can be done temporarily or indefinitely, at the absolute discretion of ProSMS.gr. In the case of the permanent termination of a member account, due to malicious use of the services of ProSMS.gr, the company Cytech owes no compensation to the said member/user.

9. RETURN – CANCELLATION POLICY

  1. The SMS of the ProSMS.gr service do not have a specific expiration date; they remain secured in the user’s account as long as it remains active. However, there is no possibility of liquidating them, nor of returning money, except if the company decides to discontinue the operation of the service, and the exact value of the available SMS will be refunded.
  2. In the event that the company goes bankrupt, is placed under compulsory administration, declares suspension of payments (indicatively and not exhaustively), or becomes generally unable to fulfill its purposes, then no financial consideration will be returned.

10. POLICY OF DEACTIVATION/DELETION OF INACTIVE USERS

  1. “Inactivity,” for the purposes herein, is defined as the period during which the respective user has not made any purchase from the services we provide, has not sent any SMS message, and has not even logged into their account (login) at least once within a period of 12 months.
  2. Therefore, the account of the inactive and dormant user, after 12 months of inactivity, according to what is defined above, will be put in a state of “deactivation.”
  3. Consequently, the account of the inactive and dormant user, after 24 months of inactivity, according to what is defined above, will be permanently deleted.
  4. For the transparency of the operation of the ProSMS.gr platform and its services, a warning e-mail will be sent to the inactive user before their account is placed in the 1st stage, i.e., that of deactivation, at the time intervals of 30 days, 7 days, and 1 day similarly before the final deactivation, i.e., before the completion of 12 months from when the user was found to be inactive.
  5. For the transparency of the operation of the ProSMS.gr platform and its services, a warning e-mail will be sent to the inactive user before their account is permanently deleted (2nd and final stage), at the time intervals of 30 days, 7 days, and 1 day similarly before the final and permanent deletion, i.e., before the completion of 24 months from when the user was found to be inactive.
  6. ProSMS has the right to proceed with the deactivation and deletion of accounts according to the terms mentioned above, without any additional notification to the respective user, as the acceptance of the terms of service by the user also constitutes acceptance of the terms of the policy of deactivation and deletion of their account due to inactivity.
  7. With the deletion of an inactive account, all data on that account (e.g. contacts, contact groups, SMS balance, sending history, delivery reports) are permanently lost.

11. LINKS TO OTHER WEBSITES

  1. ProSMS.gr does not control the availability, content, personal data protection policy, quality, and completeness of services of other websites, to which the SMS may refer to, from users, through “links,” hyperlinks, or advertising banners. Therefore, for any problem that arises during the visit/use of them, the user must address directly to the corresponding websites and pages, which bear full responsibility for the provision of their services. ProSMS.gr in no case is considered to endorse or accept the content or services of the websites and pages, to which the user refers another user to through the sending of SMS or connects with them in any other way.
  2. Each user/member, hereby, consents and accepts the possible promotion and display of their individual “links” and posts on social media websites, e.g., Facebook, X, LinkedIn, and others, by other registered members, without any resulting liability of ProSMS.gr.

12. SECURITY OF PERSONAL DATA

The management and protection of personal data of the visitor/user of ProSMS.gr is governed by the General Data Protection Regulation (GDPR) 2016/679/EU, National Laws n. 2225/1994, n. 3471/2006, n. 4624/2019, and any other related laws as in force.

This data is never disclosed to third parties, with only the following exceptions:

A. Where expressly provided by Law 2225/1994, as amended in force, to the competent authorities only. The processing is carried out by a Public or Judicial Authority and is necessary either for reasons of national security or for serving the needs of criminal or correctional policy and concerns the investigation of crimes or other criminal convictions.

B. The sending of the cardholder’s billing address details with which the respective user makes purchases from ProSMS.gr, and specifically the details:

  • Cardholder’s billing city
  • Cardholder’s billing country
  • Cardholder’s billing address
  • Cardholder’s billing postal code
  • Cardholder’s email address

ProSMS.gr bears no responsibility, towards users, for any leakage of their personal data due to their use, through its websites, regarding products and services of third parties.

ProSMS.gr maintains files, for 12 months, with this data exclusively for communication, statistical purposes, provision, and improvement of its services. In the case of “links” to other websites, ProSMS.gr is not responsible for the terms of management and protection of personal data that they follow.

13.USER RIGHTS – ACCESS TO PERSONAL DATA

  1. Right of access and right to data portability is defined as data subjects having the right of access to their personal data, free of charge. If ProSMS.gr receives the relevant request, it must:
  • inform the data subject if their personal data are processed or merely kept
  • provide them with information about the processing (purpose, categories of personal data subject to processing, recipients of data, etc.)
  • provide them with a copy of their personal data being processed (in an accessible format).

When the processing is based on consent or on a contract, as in the present case, the data subject may also request to have their personal data “returned” to them.

2.1 Right of rectification and right to object is defined when a data subject believes that their personal data are incorrect, incomplete, or inaccurate, therefore they have the right to request their correction or completion without any delay.

2.2 In this case, ProSMS.gr informs all recipients of the personal data that some of the personal data that the user has communicated to them has been modified or deleted.

3.1 Right to Object is defined when the data subject can also object – at any time – to the processing of their personal data for a specific use, for example, if ProSMS.gr processes the data based on its legitimate interest, or for reasons of public interest. In this case, we cease the processing of personal data, unless there is a legitimate and justified interest that overrides the interests of the data subject.

3.2 Similarly, the data subject may request the limited processing of their personal data, provided that it has been determined whether your legitimate interest overrides their interests.

  1. Right to erasure (“right to be forgotten”) is meant and defined, in certain cases, where the data subject may request the data controller (DPO) to delete their personal data, e.g., when this data is no longer needed to achieve the purpose of processing. However, ProSMS.gr is not obliged to do so, if:
  • the processing is necessary in order to maintain freedom of expression and information,
  • it must store the personal data in order to comply with a legal obligation,
  • there are other reasons of public interest for storing the personal data, such as purposes of public health or scientific and historical research,
  • it must store the personal data in order to raise a legal claim.

4.1 It is mentioned that ProSMS.gr is an intermediary and reseller of bulk SMS messages using third-party telecommunications providers. In the case of unwanted electronic communication of the registered member with any third natural or legal person, the registered members/users agree and accept that ProSMS.gr and the company Cytech have no liability or responsibility for unsolicited electronic communication, advertising, or for any other reason, which liability and responsibility for any compensation to the affected third parties lies exclusively with the user/registered member who makes use of the said service.

14. TRANSACTION SECURITY – COOKIES

  1. ProSMS.gr is committed to ensuring and smooth operation of any transactions and data transfer between its users. This platform, website, and all other mechanisms, for the purpose of the smooth operation of the provided services, use certified and secure SSL (Secure Socket Layer) technology connection.
  2. SSL technology is based on a key code for encrypting data before it is sent through the (SSL) connection. The security check between the data and the Server is carried out based on the unique key code ensuring the integrity of the communication. The browsers Microsoft Edge, Mozilla Firefox, Opera, Safari, and Google Chrome support the SSL protocol, and their use is recommended for connecting to the ProSMS.gr website.
  3. ProSMS.gr may use cookies to identify its users. Cookies, by default, are files created by websites you have visited and store information, such as your preferences for the website or your profile details. There are two types of cookies: First-party cookies
  4. The user can configure their server to reject cookies, either entirely or selectively. In the latter case, they may not be able to use certain personalized services and features of the ProSMS.gr website.

15. INTELLECTUAL PROPERTY – TRADEMARK

ProSMS.gr is the exclusive property of the company Olokliromenes Lyseis Pliroforikis Ltd. The entire design, system, technical applications, registrations, code execution, trademarks, and any other operational methods that constitute this Web Application are the intellectual property of the Company. Any sale, copying, modification, falsification, imitation, reproduction, republication, uploading, transmission, distribution, or exploitation of the trademarks, content, and functionalities of the ProSMS.gr Platform, in whole or in part, by any means, is strictly prohibited without the prior written consent and authorization of the Company. Other products or services mentioned on the ProSMS.gr website that bear the trademarks of respective organizations, companies, partners, institutions, associations, etc., are the intellectual and industrial property of their respective legal or natural owners.

16. APPLICABLE LAW – JURISDICTION

These Terms of Use, as well as any modifications thereof, are governed by Greek Law. Any dispute arising between users/members and the Company shall be resolved by the Courts of Heraklion, Crete.

17. CONTACT

For any questions or clarifications regarding the operation or any other process related to this website and its services, users/members can contact us at [email protected].

Regarding their personal data, users can reach out to the company’s Data Protection Officer (DPO) at:

Nikolaos Kokkotas
Email: [email protected]
Phone: +30 2810314127

Note: ProSMS.gr reserves the right to modify these Terms of Use without prior notice to registered members.