Updated at 9/30/2024
General Terms and Conditions
Every message sent to the short number 145451 is charged at 6.00 BGN, VAT included. The service provider is not responsible for any additional or incorrectly sent messages that lead to extra charges.
This SMS also incurs a charge of 6.00 BGN, VAT included.
If you use this one-time service, you agree to the General Terms and Conditions of GoMobee LTD as outlined here and are bound by them.
Customer Service:
GoMobee LTD
Triq ix-Xatt, 263, Level 3
Gzira, GZR 1020 Malta
Customer Service: +359 24928370
Email: gomobee.bg@silverlines.info
Contact:
The service provider maintains a customer service center, which you can contact for inquiries and complaints from Monday to Friday from 9 AM to 5 PM at the provided phone number and email address.
§ 1 – Products of the Service Provider
The service provider offers products for internet and print media, telephone services, SMS, MMS, and WAP services, as well as related services for mobile phones and other mobile devices. All services are performed in compliance with these General Terms and Conditions.
Services can be utilized by all customers who possess a mobile phone that meets the technical requirements for the desired service and are customers of one of the mobile operators or service providers that, according to the information provided by the service provider, allow the use of the services.
§ 2 – Conclusion and Termination of Contracts
When the customer orders a specific service via SMS, internet, or mobile internet, this order is considered a contract for the use of the respective service, concluded between the service provider and the customer, at the current price. The service provider may accept this order by sending or providing the desired service, or—if registration is required for the service—by confirming the registration via SMS, internet, or mobile internet.
Detailed information on the termination of contracts can be found in § 13 of these General Terms and Conditions.
§ 3 – Rights and Obligations of the Service Provider
The service provider reserves the right to change, readjust, supplement, and/or expand its services in whole or in part at any time.
Unless the current range of services or § 8 provides otherwise, the obligations of the service provider consist solely of providing and—if the respective service is intended and suitable for that—sending the desired service to the customer.
To the extent that the service provider provides content from third parties (cf. § 8), the obligation of the service provider consists of forwarding the corresponding received content to the customer in accordance with the description of the service.
Regardless of whether a service is mentioned as free and is offered as such, if the end customer declines this service, so-called "transport costs" or GPRS charges from the mobile operator may arise. The price of the respective service at the time of the refusal can be found in the application and in the description of the service.
§ 4 – Services Provided by Third Parties
Alongside its own services, the service provider also offers services from third parties. If the customer orders such a service, they conclude a contract solely with the third party. If services provided by third parties, for which the service provider acts as an intermediary, are applicable, the provision of the service may be conditional on the customer giving prior consent for their mobile number to be provided to those third parties.
The provisions of these General Terms and Conditions apply to the intermediary services performed by the service provider in relation to the above.
§ 5 – Sending Advertisements, SMS, and MMS
By using a service offered by the service provider, the customer gives the service provider their revocable, unlimited in scope and duration consent to send advertisements, offers, and information of any kind via SMS, MMS, mobile internet, regular or electronic mail, or by any other means, the source of which is the service provider or its commercial partner (hereinafter referred to as explicit OPT-IN). The unlimited sending of advertisements, offers, and information via SMS, MMS, mobile internet, regular or electronic mail, and by any other means is considered explicitly permitted by the customer; however, this can be terminated at any time via email or by calling the service provider (OPT-OUT). The advertisement covered by the provisions of this section does not constitute spam.
§ 6 – Rights and Obligations of the Customer
For the use of certain services, customer registration with the service provider is required. If the respective service is charged together with the customer’s mobile phone bill, registration occurs either by sending an order code for the desired service via SMS or by clicking on a predetermined internet link in the mobile network used by the service provider for the respective customer.
The customer is obliged to take appropriate precautions against misuse by third parties of their fixed, internet, or mobile connection. In the event of loss of the mobile phone due to forgetting or theft, the customer is responsible for services used from their mobile phone until the telecommunications company is notified of the loss of the phone. The customer must, upon the service provider's request, provide the service provider via email, regular mail, or fax with their current data, such as name and address, and notify them of any changes. The customer is responsible in all cases for the use of the connection and the use of passwords and codes. This also applies to the use of paid services and the use or misuse of third parties with the customer’s communication devices. The customer must keep all relevant data, such as PIN codes, other codes, and passwords, confidential, and is obliged to store the data securely and not disclose it to anyone. Failure to comply with these security provisions will result in the customer being liable for all damages incurred as a result of non-compliance.
In the event that the service provider collects personal data from the customer when concluding the contract, the customer must provide accurate information. If there are any future changes to this data, they must notify the service provider immediately and without prompting.
For most services, it is sufficient for the service provider to know the customer’s mobile number. If a specific service requires additional data and information from the customer, that product can only be used once the customer provides that data to the service provider.
If the customer receives a password while using the services, they are obliged to keep this password confidential. Sharing the password with third parties is not permitted. If the customer learns that a third party has gained access to the password, they must immediately contact the service provider by phone, email, or regular mail (see contact information for the customer service center at the beginning of these General Terms and Conditions) and request the blocking of the password. The customer is responsible for any costs incurred due to misuse of the password (particularly in the case of service requests) until the request for blocking is made, unless information regarding the misuse is provided by the service provider.
All services provided by the service provider are protected by copyright, trademark rights, and other intellectual property rights. Therefore, the customer may use the services solely for personal purposes and in accordance with their intended use. The provision of services by the customer to third parties is prohibited. Broader use is permitted only within the scope explicitly allowed by the service provider or the respective partner companies.
In the event of a violation of these General Terms and Conditions by the customer, they are obliged to cover all damages incurred by the service provider as a result of this violation. The customer is obliged to indemnify the service provider from all claims made by third parties arising from the customer's behavior and to cover any damages incurred or anticipated by the service provider as a result of that behavior.
The customer bears the fees charged by their mobile operator or service provider for ordering and providing the services (particularly for services the customer uses via regular or mobile internet connection).
§ 7 – Protection of the Customer by the Service Provider
Additionally, the customer is obliged, in the context of the services provided, not to disseminate illegal content, especially the content listed below. Illegal content includes:
– Footage depicting violence (Art. 135 of the Penal Code)
– Calls for violence (Art. 259 of the Penal Code)
– Racial discrimination (Art. 261bis of the Penal Code)
– Unauthorized gambling under the Gambling Establishments Act and the Lottery Act
– Offering pornographic services as defined in Art. 197, point 3 and 3bis of the Penal Code (hardcore pornography/pornography involving feces).
Any content that violates the rights of third parties is prohibited. The customer is prohibited from sending any spam. Furthermore, the customer agrees not to provide data that could harm the service provider or third parties (e.g., Trojan horses, dialers, viruses).
If the service provider learns that the customer is disseminating prohibited content despite the above provisions, the service provider or a third party authorized by it has the right to immediately delete or block that content and take measures to prevent further dissemination. In such a case, the service provider may terminate all existing contracts with the customer without notice. At the request of the prosecutor's office during an investigation against the customer, the service provider will provide the competent authority with the customer's mobile number within the bounds of legality.
The service provider collects and processes the customer's personal data only to the extent necessary to fulfill the contract concluded with the customer. For example, most services require the retention of the customer’s mobile number to provide the product to the customer. The use of some products requires the provision and retention of additional data.
Some services require the sending of content and products to the customer directly from third parties or the customer's access to content that is stored directly by third parties. To enable this, the service provider provides the customer's mobile number to the relevant third parties.
The customer’s personal data is not disclosed to third parties except for the purpose of providing services, unless the customer has been informed and has given direct and/or indirect consent for this. By ordering services, the customer expresses their interest in receiving information about additional services from the service provider. The customer has the option to withdraw their consent to receive information about the service provider's services at any time. They can do this by phone, email, or regular mail (see the contact details for the customer service center at the beginning of these General Terms and Conditions), indicating their mobile number and their wish to opt-out.
The service provider informs the customer that providing their own customer data or customer data of third parties (e.g., name, mobile number) to other individuals through communication services (e.g., SMS chat) is not permitted from a data protection perspective.
§ 8 – Client Content (see also § 7, para. 1)
If, within the service, the client collects their own content that, due to the nature of the service, should be accessible to third parties (e.g., in connection with SMS chat or other social media and/or interactive services), the client acknowledges the service provider's right to present this content in a form appropriate to the respective service and to publish or distribute it. By collecting their own content, the client grants the service provider all rights to copy and use this content and declares their agreement not to demand any fees from the service provider for distribution, forwarding, commercial use, etc., of this content at any time. These rights of the service provider are not geographically or temporally limited.
It should be noted that concerning the content that the client collects and provides within the intended services, the client leaves the decision to the service provider on when, how, and to what extent this content will be provided or sent to other clients. If the service provider sends the client foreign content or refers them to such content from their page or from another place where they provide their services, the aforementioned principles apply.
The service provider has the right to partially or fully change products covering third-party content without notice.
§ 9 – Service Fees
If the client has entered into a fixed-term contract with their mobile operator or service provider, the fees for the services used are added to the client's mobile bill. For clients with so-called prepaid cards, the fee for the services used is due and is deducted from the prepaid balance immediately after the service is used by the client. The same applies to payment methods offered by third parties (e.g., mobile operators).
§ 10 – Service Warranty
The service provider strives to continuously ensure high quality. If, despite this, deficiencies are found in a given service, the client has the consumer rights defined by law. If a service proves to be of unsatisfactory quality, the client is obliged to immediately notify the service provider of this, stating their mobile number, the date of requesting the respective service, and the date of its delivery. The client can do this by phone, email, or regular mail (see the contact details for the customer service center at the beginning of these General Terms).
The service provider aims to offer the most current and functional products possible. To achieve this, it conducts regular checks and maintenance activities, which may temporarily hinder the provision of one or more services. Temporary difficulties may also arise when providing third-party content and products. In such cases, the service provider strives to minimize interruption periods in accordance with the client's interests. The client agrees to any subsequent potential difficulties when they are proportionate in size.
§ 11 – Liability
The service provider is liable only in cases of slight negligence in violating the performance of an obligation under the contract by the service provider, its employees, or representatives. In this case, the service provider's obligation to pay compensation is limited to direct and foreseeable damages. Compensation for indirect damages or atypical consequential damages is not possible.
The service provider does not have its own mobile network. For this reason, it is necessary to use services from third parties (e.g., mobile operators or the client's service provider). If technical problems arise with these third parties, it may lead to interruptions in transmission or temporary cessation of services or parts of them. The service provider has no influence over this process. The service provider expressly states that it cannot technically guarantee the receipt of either SMS by the client or the service on the client's mobile phone.
The service provider is not responsible when harmful data (e.g., viruses) are included in content provided by the client within the intended products.
Anyone who publishes ads on the service provider's or its commercial partners' websites or magazines or responds to such ads is obliged to comply with the following laws and regulations:
- Personal Data Protection Act
- Telecommunications Act
- Price Declaration Regulation
- Obligations Law
- Criminal Code
- Illegal activities mainly include:
Images depicting violence (Article 135 of the Criminal Code)
Calls for violence (Article 259 of the Criminal Code)
Racial discrimination (Article 261bis of the Criminal Code)
Unauthorized gambling under the Gaming Hall Act and Lottery Act
Offering pornographic services as defined in Article 197, points 3 and 3bis of the Criminal Code (hard pornography/ scatological pornography).
Providing such content to adults intentionally seeking forbidden content is prohibited. The publication of photographs, images, collages, illustrations, sketches, drawings, comics, animations, trailers, videos, video clips, teasers, texts, ads, posters, banners, links, SMS, MMS, emails, attachments, and presentations or texts that point to or depict sexual acts with children or animals, human excrement, or acts of violence is expressly prohibited. Due to the restrictions imposed on the service provider by the Personal Data Protection Act and the Federal Constitution, the service provider cannot assume responsibility in cases where abusers advertise forbidden content in the publications of the service provider. If the service provider finds that illegal information is being provided, it has the right to terminate the provision of the service to the offending client without notice. If the service provider finds that individuals posting ads offer or provide illegal content to users, the service provider has the right to file a complaint and cease any further relationships with the person responsible for the abuse. The service provider acts similarly when individuals posting ads violate the clauses regarding the minimum age limit. In case of a violation, the offending party assumes all legal and financial consequences and releases the other parties from any liability. The offending party is responsible for any fines, legal costs, third-party claims, etc., imposed on the other parties.
The service provider and its commercial partners are obliged to provide the client with the agreed services. The warranty is limited to the amounts stated below. The client declares that they will comply with the terms of use set by the service provider in accordance with valid licensing agreements and these General Terms, especially the clauses related to the rights granted to them for using specialized applications. Neither the service provider nor its partners are responsible for statements and information in ads. Individuals submitting ads are of legal age and are not bound by obligations. Neither the service provider nor its partners provide guarantees for successful personal contact. It is not excluded that some women may live abroad and use a pseudonym to ensure personal safety. Additionally, clients of the service provider are advised to use a pseudonym for their own safety.
Disclaimer:
The use of the service is at the client's own risk. The service provider does not guarantee that the service or the data received will meet the client's requirements. Furthermore, it is not liable for system crashes or errors arising from the use of the services. The same applies to the functionality, safety, correctness, resilience to crashes, currency, etc.
§ 12 – Right of Withdrawal/Unsubscribe for Clients from Bulgaria
Upon registration via SMS, unsubscribing from the service can be done:
By calling the designated hotline (09:00 AM – 5:00 PM), the number of which is specified on the registration pages for the service (see also HELP/LEGAL INFORMATION on the service pages).
From the customer page of the network operator managing the payments for this service.
In addition, unsubscribing can also be done in accordance with sub-points B) to G) of the above section "Services via SMS."
§ 13 – Intellectual Property Rights/Copyright/Data Protection
The aforementioned or other branded internet pages, images, photographs, drawings, comics, content, texts, trailers, teasers, videos, and other video materials of the Service Provider and its commercial partners are protected without limitation in geographic, temporal, and material aspects. All rights are reserved. The Service Provider or the licensor, who has allowed the Service Provider to use these rights, holds the relevant rights to the intellectual property. If, in this context, a customer violates the licensing rights of third parties and thereby incites claims against the Service Provider, the customer releases the Service Provider from liability. Under these General Terms and Conditions, downloading, storing, and viewing unchanged programs is permitted only for personal use. Any other use, especially forwarding content to third parties, is prohibited. Additionally, any use of the provided content for commercial purposes is prohibited. In case of violation of the above provisions, the Service Provider and its commercial partners have the right to terminate all contracts with the customer without notice, retaining the right to claims for damages.
Any use of copyrighted works that goes beyond the above must be done with the prior written consent of the Service Provider. This particularly applies to copying content onto additional media and creating systematic collections.
§ 14 – Data Protection
The Service Provider takes all technically possible and necessary measures to protect the data it stores. If, despite this, a third party acquires or improperly uses the data stored by the Service Provider or its commercial partners, the Service Provider and its partners are not liable for this. The same applies to the relationships between the Service Provider and its partners.
Data Storage and Use
Upon customer registration, their data is stored for creating and managing their accounts. In addition, the Service Provider and its subcontractors and partners may retain customer data while the customer uses the range of services.
Providing Data to Third Parties:
The Service Provider uses the customer's data to provide the offered services in accordance with the contract and the law, to maintain the customer relationship, and to disseminate offers, advertisements, and information. The customer declares their consent for the retention and use of their data by the Service Provider in full measure. The customer has the right at any time to prohibit the use and processing of their data. This must be stated in writing or by calling the Service Provider, specifying the customer's mobile number, and if necessary, also providing the email address, postal address, and customer number. If the Service Provider performs services in the country and/or abroad together with third parties or through third parties, it has the right to provide all known customer data. In this case, it should be noted that the storage, processing, and provision of personal data are subject to laws different from those of Switzerland. The Service Provider has the right to provide customer data to state authorities and courts, as well as to companies tasked with collecting debts and preparing credit reports if providing data aims at asserting a claim.
Telephone and Internet Abuse/Records:
The customer agrees to comply with these General Terms and Conditions, the additional General Terms and Conditions, any individual agreements, and the provisions of the law when using the services of the Service Provider and its commercial partners. The services may not be used under any circumstances for planning or committing criminal acts. Reselling them to third parties is prohibited. The customer expressly agrees that their phone conversations (orders) and SMS correspondence (traffic data) may be recorded in logs to ensure customer satisfaction and the correct processing of complaints about the provided services. These records can only be used in the case of customer complaints and at the request of a state authority. The unlawful provision of the records to third parties is not permitted.
Content:
The Service Provider is not responsible for content, parts of content, or aspects of the service that may have adverse effects on the customer’s taste or feelings.
§ 15 – Prohibition of Set-off
The customer is not entitled to offset any claims for damages presented by them against the open accounts or amounts owed to the Service Provider or its commercial partners.
§ 16 – Delay
After the payment deadline, the customer owes the Service Provider an annual interest rate for delay of 5%, without the need for prior notice (Article 104 of the Obligations Law). In the absence of objection from the customer, each invoice is considered accepted 10 days after it is sent. If the customer delays payment, the Service Provider has the right to deny access to all its services, as well as to the services of its commercial partners, and/or to terminate the contract without notice.
§ 17 – Unforeseen Service Interruptions
The Service Provider and its commercial partners provide the offered services with utmost care, reliability, and accessibility. Any liability within the framework of the law is excluded unless otherwise expressly stated in individual contracts. In particular, the Service Provider and its commercial partners do not guarantee access to the services without interruption, the restoration of desired connections at any time, or access to saved data under all circumstances. If the provision of services is hindered by force majeure events, i.e., events that make the intervention of the Service Provider and its commercial partners impossible or unreasonable, such as natural disasters, public authority measures, actions during labor disputes (affecting third enterprises involved in providing the services), interruptions in transport or energy supplies, terrorist acts, war, civil war, other armed conflicts, lockouts, shortages of supplies, attacks on the technical infrastructure of the Service Provider or its commercial partners over the internet, and other unforeseeable circumstances, as well as during unplanned interruptions of services from third parties, e.g., through stopping, affecting, complicating, delaying, or rendering the operation of the Service Provider's or its commercial partners' hardware or software impossible, the obligation to perform the order is on the Service Provider or its commercial partners. Unplanned interruptions do not give rise to claims for damages. The above applies also to the relationships between the Service Provider and its commercial partners.
§ 18 – Customer Service Center
The Service Provider maintains a customer service center according to the information at the beginning of these General Terms and Conditions (see "Contact the Service Provider").
§ 19 – Changes to the GENERAL TERMS AND CONDITIONS
The Service Provider reserves the right to change the GENERAL TERMS AND CONDITIONS and the current services at any time. The customer will be notified of the changes in an appropriate manner.
§ 20 – Nullity of Clause
If an individual clause of these terms of use becomes partially or entirely void, this does not affect the validity of the remaining clauses of the terms. The void clause is replaced by another clause that closely approximates the meaning and purpose of the void clause as permitted by law. The same applies to cases of regulatory gaps.
§ 21 – Jurisdiction and Applicable Law
For disputes arising from these relationships, only the general courts at the address of the enterprise are competent, retaining the right to mandatory courts in accordance with federal legislation. Only the provisions of Liechtenstein legislation apply to these relationships and the rights and obligations arising from them, without excluding the possibility of referral under international private law.