Terms of Service

1.1. The Platform is operated by Message Molly BV with address at [Your Address], and with company/VAT number [Your Company/VAT Number] (referred to as “Message Molly BV”, “we”, “us”, “our” or any similar expression).

1.2. The Customer or User can contact Message Molly BV by email at [your-email@example.com] or via the account manager. For questions specifically about privacy, the Customer or User can also email us at [your-privacy-email@example.com].

2.1. The Customer and User should read the Terms carefully and ensure they understand them before using the Platform and our Services. The Terms contain important clauses. In the event that the Customer or User does not understand or agree with the Terms, they should refrain from further accessing or using our Platform and/or Services and contact us at the above contact details.

2.2. By using the Platform and/or the Services, the Customer and User confirm they have read, understood, and accepted the Terms. On some occasions, the Customer/User will also be asked to explicitly accept the Terms. In doing so, the Customer and/or User expressly agree that checking a box counts as an informed, specific, free, and full consent such as a signature to agree to the contractual documents.

2.3. When an individual accepts the Terms on behalf of a legal entity, that individual acknowledges having all legal competence to do so and specifically guarantees and warrants that they have acquired all necessary consents and approvals to bind that legal entity. Such person can be held responsible for any non-compliance with this obligation.

2.4. It is possible to print out a copy of the Terms to keep in a personal file, but it is also possible to view the Terms online at all times.

2.5. Please also note that the Terms are also fully applicable mutatis mutandis to any use of the Platform and Services in a freemium/free usage model.

3.1. The Platform is intended to add value to the Customer’s Customer Data Sources, allowing them to identify new professional contacts and to connect with partners. The Platform and Services are further described on our website www.messagemolly.com. All products or services not mentioned are explicitly excluded from the scope of the Contract.

3.2. The Services are offered on a cloud (“software as a service”) basis. The Customer acknowledges being aware of the inherent features of a cloud-based product and accepts the same.

4.1. The Terms together with any other written document entered into between Message Molly BV and the Customer is referred to as the “Contract”.

4.2. The Contract is binding upon the Customer. The Customer explicitly accepts that it is responsible for compliance by all of its Users with each and every provision of the Contract. Any non-compliance by a User within the Customer’s organisation with the Contract (including the Terms), shall entitle Message Molly BV to introduce a claim directly against the Customer.

4.3. In the context of customer management, Message Molly BV will archive the Contract it has with the Customer. However, it is strongly recommended for each Customer to keep a copy of the Contract internally.

4.4. During the process of subscribing to our Platform and our Services, it is possible to correct any input errors made during the ordering process.

4.5. It is the Customer’s obligation, for which it accepts full responsibility, to ensure that all information provided during the ordering process is true, complete, and accurate. Any errors or changes must be notified to Message Molly BV as soon as possible, in which case Message Molly BV reserves the right to cancel the Contract.

5.1. The Platform may be used only for the internal business purposes of the Customer. Message Molly BV reserves the right to terminate the subscription of any Customer who tries to circumvent this provision.

5.2. Prior to using the Platform, the User will be asked to register by providing certain details. This is necessary for Message Molly BV to create a user account and to allow the User to access the Platform. For each individual User, a user account must be created, and this account may only be linked to one individual. If this requirement is circumvented in any way, Message Molly BV may terminate the Contract with the Customer.

5.3. The user accounts of all Users of the Customer (or within the Customer’s organisation or under its Contract) shall fall under the responsibility of the Customer, and the Customer hereby warrants and guarantees that all its Users shall comply with the terms hereof, and the Customer shall fully indemnify, defend, and hold Message Molly BV harmless for any and all damages, costs, expenses (including attorney’s fees), liabilities, and other negative consequences (jointly referred to as “Damages”) resulting from any breach by a User of the Contract.

5.4. One or more Users may have user account administration rights, which includes (but is not limited to) the right to create additional Users, subject however to the terms of the Contract. Without limiting the generality of any other provisions as set out in the Contract, the Customer accepts full responsibility for the actions undertaken by its users having such administration rights, including the creation of new Users.

5.5. The number of Users allowed for the Customer shall be indicated in an order form or any other document agreed between the parties. This number indicates the number of Users for which the applicable fees shall be paid throughout the entire term of the Contract, regardless of whether the Users effectively use the Services. Users may include employees, representatives, or independent contractors of the Customer. If the maximum number of Users as agreed is exceeded, Message Molly BV shall notify the Customer (or its representative) thereof. When additional Users are requested, Message Molly BV shall charge the Customer with extra fees for the corresponding number of additional Users. If this provision is circumvented in any way, Message Molly BV shall immediately invoice all additional fees as due and shall have the right to terminate the Contract.

5.6. During registration, the User shall be asked to provide certain information and to accept these Terms. The User hereby accepts to fully comply with all applicable terms, including (but without limitation) in relation to the use of the Platform, protection of intellectual property, processing of data, and other provisions applicable to the Users as set out herein. Message Molly BV may lawfully rely on the information provided by the User, and the User warrants and guarantees that all information shall be complete, accurate, and up to date.

5.7. After registration, Message Molly BV will send to the User a registration confirmation email with relevant details.

6.1. After registration in accordance with clause 5, the User will be able to access the Platform and make use of the Services. To this end, Message Molly BV grants the Customer and its Users, subject at all times to their full compliance with all provisions of the Contract, a non-exclusive, non-transferable, non-assignable, royalty-free, and worldwide license to access and use the Platform and the Services for the duration of the Contract. The Users may only access and use the Platform for its internal business purposes, all subject to the terms and conditions of the Contract.

6.2. The Customer is responsible for taking all technical and other measures to correctly access and use the Platform. The Customer shall comply with any user guidelines that may be issued from time to time by Message Molly BV.

6.3. The Platform is offered in English, as is the communication with the Customer and its Users. The Customer warrants and guarantees that it and its Users have a sufficient understanding of English.

6.4. In case the Customer or any of its Users becomes aware of any unauthorized form of use of the Platform and/or the Services under the Contract with or via accounts of the Customer (and its Users), the Customer will promptly notify Message Molly BV via the designated account manager to minimize the impact on the Platform, the Services, and Message Molly BV.

6.5. Considering the nature of internet-related services, the Customer acknowledges that it is not possible for Message Molly BV to guarantee that the Platform, the Services, or any of its functionalities will be free from errors or defects at all times. If any such errors or defects arise, the Customer agrees to notify Message Molly BV thereof as soon as possible, and Message Molly BV shall then make all reasonable efforts to remove or resolve the error or defect as soon as reasonably possible.