Terms of Service

M-STAT S.A., a company providing mobile telephony services and content (www.m-stat.gr), which created the Bulker service through the website https://www.bulker.gr/, offers its services under the following terms of use. Visitors/users of the website are invited to read carefully and proceed to visit/use the pages/services only if they fully accept these terms. In case of disagreement, they must not use them; otherwise, it is presumed that they accept and give their consent. The following terms of use apply to all content and generally everything included in the pages of our website. M-STAT may modify the terms of use and conditions at any time, and visitors/users must check for possible changes each time. Continuing to use the website implies acceptance of the modified terms and conditions. Otherwise, they must refrain from using/visiting our website.

Preamble

M-STAT provides visitors/users of the website https://www.bulker.gr/ with advanced communication for easy and immediate message sending to any mobile network subscriber in the respective country of delivery, after purchasing "Credit" through the available methods (online payment via Viva Payments, PayPal, bank account deposit). The pages of https://www.bulker.gr/ include advertisements of all kinds. The existing and any new services included in the website https://www.bulker.gr/ are subject to these terms of use unless explicitly stated otherwise.

The visitor/user of the Bulker service understands and accepts that all pages/services are provided "as is" and Bulker disclaims any responsibility related to the limited duration, deletion, poor performance, or inability to electronically store any user data and/or any services. The visitor/user is responsible for accessing the Bulker services, which may require the payment of fees/costs to third parties (e.g., internet service providers, PayPal, banking institutions). The visitor/user is solely responsible for paying these fees/costs. Additionally, the visitor/user is solely responsible for their personal equipment with the necessary technological means to access the Bulker services.

Operation of Bulker.gr

The Bulker service is related to telecommunications companies with which M-STAT S.A. collaborates. Therefore, any changes occurring in these networks may potentially cause changes and generally affect the operation of Bulker.

The delivery report is also affected by the operation of mobile telecommunications networks. In any case, M-STAT will make every possible effort to ensure the ability to provide delivery reports in Bulker. Additionally, in cases of number portability (transfer of a phone number from one Greek mobile network to another), the provision of delivery reports may not always be feasible.

Given that the service depends on the collaborating mobile telecommunications companies, M-STAT cannot fully guarantee the delivery of all SMS messages to Greek and Cypriot mobile networks. However, M-STAT aims for smooth SMS delivery from the Bulker service to recipients on all mobile networks.

M-STAT is not responsible for the failure of message delivery to numbers recognized by the recipient's mobile network as: (a) incorrect, (b) inactive (non-existent), (c) numbers with incoming call/message block, (d) deactivated (phone turned off). Additionally, M-STAT is not responsible for any failure of SMS delivery to recipients which is not further clarified by the recipient's mobile network.

In no case does M-STAT guarantee uninterrupted and error-free provision of its services, nor the absence of "viruses" on the Bulker website. If M-STAT decides to temporarily or permanently terminate the Bulker service, the company will offer each user a full refund of their remaining Credit at that time.

Billing Policy in Bulker

The final cost is determined based on the billing model and the total purchase amount. Charges per SMS depend on the current commercial policies of the mobile network providers.

To complete purchases, this online store offers the following payment methods: a) Bank deposit b) Online via debit or credit card c) Via PayPal

The charge for sending SMS messages is independent of whether they are delivered to all recipients. In case of non-immediate delivery for any reason, SMS forwarding to recipient numbers is attempted repeatedly for up to 48 hours from the date of sending.

M-STAT bears no responsibility for delivery to recipients whose numbers are incorrect or inactive. Furthermore, no liability is attributed for failure to deliver messages to recipients who have activated incoming call/message blocking, as well as to recipients with their numbers deactivated. Finally, no liability is assumed for failure to deliver due to any other reason not further clarified by the recipient's mobile network.

In cases of number portability (transfer of a number from one Greek mobile network to another), charges may vary. Specifically, charges are set based on the network to which the user currently belongs, not the network to which the phone number originally belonged.

M-STAT reserves the right to change the price list without further notice.

For online Credit purchases via Viva Payments, the company does not handle users' financial details, only the phone number associated with the account on the platform. If Credit is purchased via PayPal, the company does not handle users' financial details, only the email used as the PayPal ID. If Credit is purchased via bank deposit, the company only interacts with the data provided by the bank as proof of the transaction.

The available Credit in the Bulker service does not have a specific expiration date; it remains secured in the user's account. However, it cannot be liquidated or refunded, except if the company decides to discontinue the Bulker service, in which case the exact amount of available Credit will be refunded.

Registration

If the visitor/user wishes to register for Bulker's services, they agree to: a) provide true, accurate, valid, and complete information regarding the details requested by Bulker in the relevant applications for accessing its content/services, and b) maintain and diligently update their registration details to ensure they remain true, accurate, valid, updated, and complete.

Member Account

Bulker registers users as members and provides them with the services described hereupon acceptance of the terms of use of the website and completion of their registration details. Once the visitor/user completes the registration process defined by Bulker, they will receive confirmation of a personal access password (password) on their mobile phone, which they have declared as their username. Members are solely responsible for all actions performed under their personal access password, username, and their account in general.

Members are solely responsible for the careful use of their account and for properly logging out of their account at the end of each use session (Logout). Additionally, members agree to immediately notify Bulker of any unauthorized use of their account and any actual or potential security breach. Bulker is not liable for any damage or loss arising from members' failure to comply with and follow this clause.

Member Ethics

It is mutually understood and accepted that, although Bulker provides users/members with the necessary technological infrastructure and means for mass delivery of written messages, all their content remains the sole responsibility of the natural or legal person from whom the content originates. This means that the user/member is solely responsible for any and all messages they send through Bulker's service. Due to its volume, Bulker cannot control the entirety of the content of messages sent by its users/members, therefore it does not guarantee the accuracy, integrity, legality, or quality of the content of the messages.

M-STAT does not provide phone numbers for use as recipients and therefore DOES NOT support the sending of messages without the user's consent (spam). In no case will M-STAT communicate directly with the recipients of messages sent through the Bulker service. Communication will only occur with the owners of Bulker accounts and only if deemed necessary.

Since user/member registration involves the sending of a code via SMS to their mobile phone, and given that the mobile phone is personal property, the user is responsible for the security of their mobile phone and its use in the Bulker service. Therefore, the user responsible for sending SMS through the service will be the holder of the mobile number designated as the mobile number on their Bulker account.

In no case can Bulker be held responsible for the content of the messages sent. In the event that Bulker receives notification that any content causes moral harm or other damage to a third party, or in the event of a complaint from a recipient regarding the sending of unsolicited SMS or violation of the Terms of Use, M-STAT reserves the right to investigate the account and suspend the operation of the user/member's account that violates these terms, without refunding the amount corresponding to the available balance in the user/member's account.

The user/member of Bulker is required on one hand to comply with the rules and provisions of Greek, European, and International Law governing telecommunications, and on the other hand to refrain from any illegal and abusive use of Bulker's content and services.

Specifically, it is prohibited to send messages containing content that:

1. Promotes the installation of unsolicited or unauthorized advertising or other promotional content, the sending of unsolicited messages unwanted by the recipient, and any other form of unwanted content promotion.

2. Is illegal, harmful, threatening, offensive, damaging, defamatory, obscene, violent, abusive, racist, or otherwise condemnable, infringes on personal identity and personal data of others, incites hatred, and/or constitutes a recommended criminal offense.

3. May cause harm to minors in any way.

4. Mimics any legal or natural person, opposes a principle, or submits a false statement regarding the identity of the user/member or misleading statement regarding their relationship and/or cooperation with another legal or natural person.

5. Violates any intellectual property rights of any entities or reveals trade secrets.

6. Involves in the disruption of services or aims to impair the services or servers or networks connected to Bulker's service, or violates the conditions, procedures, and rules of use of these networks.

7. Violates, intentionally or unintentionally, any local, national, European, international legislation, or any rule with legislative effect that concerns or covers Bulker's service.

8. Harasses in any way the privacy and individual and social rights of other persons.

Policy on Deactivation or Deletion of Accounts due to Inactivity

"Inactivity" refers to the period during which no action has been executed on the account. This means that no purchase has been made from Bulker, no message has been sent, and no login to this account has been performed for at least 12 months. Upon the expiration of the 12-month inactivity period, Bulker reserves the right to deactivate the account. Consequently, the user will no longer have access to this account. After the account has been inactive for 24 months, Bulker reserves the right to permanently delete it.

"Links" to other websites

Our website https://www.bulker.gr/ is not responsible for the content and services of other websites to which it refers via hyperlinks or advertising banners, nor does it guarantee their availability. Any issues that may arise during the visit/use of the websites we refer to are solely and exclusively the responsibility of the respective websites, where the user/member should address any concerns. The referral to other websites is for the convenience of users/members and in no case does it create any commitment for M-STAT. M-STAT bears no responsibility for the communication of the user/member with third-party service providers advertised on https://www.bulker.gr/ and for any commercial transaction that may arise from their relationship.

Changes and Modifications to the Terms of Use of Bulker

M-STAT reserves the right to change the pricing list for providing the Bulker service without prior notice. Any changes in the operation of Greek or Cypriot mobile networks or cooperating telecommunications organizations may lead to changes in the pricing of the Bulker service. Similarly, there may be changes in the compatibility of the Bulker service with any of the Greek or Cypriot mobile networks. M-STAT reserves the right to change the Terms of Use. Any changes will be stated in the Terms and will be highlighted to distinguish them from the previous Terms of Use.

Intellectual and Industrial Property Rights

The entirety of the content of the Bulker service, including but not limited to its creation, texts, news, graphics, photos, diagrams, illustrations, provided services, and generally all types of files, is subject to intellectual property rights and governed by national and international provisions on Intellectual Property, except for explicitly recognized third-party rights. Therefore, reproduction, republication, copying, storage, sale, transmission, distribution, publication, performance, downloading, translation, modification in any way, partially or summarily, is expressly prohibited without the explicit prior written consent of M-STAT.

Protection of Personal Data

The management and protection of the user/member's personal data are governed by the terms herein and the relevant provisions of both Greek and European Law. Specifically, the protection of personal data is governed by the General Data Protection Regulation 2016/679, Law 3471/2006, and Law 4624/2019 for the Protection of Personal Data.

Personal Data Collected by https://www.bulker.gr/ includes the following:

• User/member's mobile phone number
• Personal Access Code (Password)
• PayPal ID (if purchase is made via PayPal)
• Saved Texts
• Message Statistics - Message History
• Other users' mobile phone numbers
• Invoice issuance details
• Information provided by the bank when balance purchase is made via bank deposit.

These data are never disclosed to third parties (except as required by law to the competent authorities), and their personal nature is preserved. https://www.bulker.gr/ stores messages sent by users/members for their own use, as well as for communication and service improvement purposes. User data is stored encrypted and remains secure within the company's systems. Furthermore, regarding "links" to other websites, https://www.bulker.gr/ is not responsible for the data management and protection policies followed by those sites. Data is stored for the required legal period, until consent is revoked if processing is based on consent, or until resolution of any pending dispute.

In any case, users/members of Bulker have the right, upon contacting the relevant department and confirming the existence of their personal file, to request deletion, correction, or modification thereof, to obtain a copy of their data, or to request transfer of their data to another Data Controller. Minors under 15 years of age can access https://www.bulker.gr/ only with parental/guardian consent.

Compensation

It is explicitly agreed herein that in the event of any claim, demand, administrative or judicial action brought against M-STAT arising from any violation by any visitor/user/member, M-STAT undertakes the obligation to intervene in the relevant proceedings and to compensate M-STAT in case it is required to pay compensation or other expenses.

Applicable Law and Other Terms

This specific agreement is governed by the provisions of Greek Law, the guidelines and regulations of European Law, and relevant International provisions, and shall be interpreted in accordance with the principles of good faith, transactional ethics, and the economic and social purpose of the right.

If any provision is found to be contrary to law and therefore void or voidable, it shall automatically cease to apply, without affecting the validity of the remaining terms. No modification of the terms of this agreement shall be considered unless formulated in writing and incorporated herein.

Competent Courts for any emerging disputes arising from this agreement are the Courts of Athens.

According to Directive 2013/11/EU, which has been transposed into Greece by Ministerial Decision 70330/2015, consumers now have the option of electronic resolution of consumer disputes through the Alternative Dispute Resolution (ADR) process across the European Union. If the customer qualifies as a consumer (i.e., a natural person acting outside their professional capacity) and encounters any issues with a purchase made from our website, they can initiate the ADR process via the single pan-European platform for online dispute resolution (ODR platform) available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage