Terms of Service
Please read these terms carefully. By using the oratio and hernce signing up for an Account you agree to these terms. This is a legal document.
"oratio" is owned by the company oratio GmbH (referred to as „oratio“, „I“, „Our“, or „We“) with its headquarter in Vienna, Austria. As a customer of this service you are a „User“ or „You“ according to this agreement. Any services offered by us will be referred to as „oratio“ or „Service“.
WhatsApp®, Facebook® Messenger®, Viber®, Telegram®, Kik® as well as their respective logos are registered trademarks and not affiliated with oratio.
1. EligibilityIn order to use oratio, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
By using oratio, you represent and warrant that you meet all the requirements listed above, and that you won’t use oratio in a way that violates any laws or regulations. oratio may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for oratio and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for oratio on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing your Account
You or oratio may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your Account without cause, we'll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms. Once terminated, we may permanently delete your Account and all the data associated with it.
5. Account and Password
You’re responsible for keeping your Account name and password confidential. You’re also responsible for any Account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
Our charges for monthly plans are posted on our Website and may be changed to reflect upgrades and changes of features. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment after the Trail Period (the "Pay Date"). If you reach another pricing level, then you'll have to pay at the higher level on or before the next pay date.
The product is available in different pricing plans and including various messaging networks, e.g. WhatsApp®, Facebook® Messenger, Viber®, Kik® and Telegram® Messenger. Additional costs that might occur from these networks are not covered by oratio.
7. Credit Cards
As long as you’re a Member or have an outstanding balance with us, you'll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected.
If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your Account until your payment can be processed.
You are not entitled to a refund if your Account was blocked or discontinued by the messaging networks that are supported on the platform, which we have no influence over. We may offer a refund case by case, if a User applies for one.
We may change our monthly fees at any time by posting new pricing plans on the Website and/or by sending you a Notification via email.
Depending on the information you provide us, we may use the company information for marketing purposes such as displaying testimonials including the company's name and/or logo. Personal user data, conversations on the platform or any other private information (e.g. payment information) are not subject to the aforementioned marketing purposes.
12. General RulesBe aware that the following actions are in violation of our Terms of Service:
- Sending ads or any other form of commercial solicitation.
- Sending spam or unsolicited messages.
- Submitting content (in the status, profile pictures or messages) that is unlawful, obscene, threatening, harassing, hateful, racially or ethnically offensive or otherwise inappropriate.
- Being annoying to other users.
- Being a repeat infringer.
- Using an automated system on your side to send messages.
If you do not comply with the aforementioned rules, we will notify you and ask you to change your behavior. In case of repeated violation of the General Rules, we are entitled to immediately close your Account without any further notice.
13. Accessibility of Networks
You are aware that oratio is not affiliated with any messaging network such as WhatsApp®, Facebook® Messenger, Viber®, Kik® and Telegram® Messenger — oratio is solely providing a service built on top of these networks. These networks may change/extend/close the availabality of their services at any time which directly affects the availability of oratio.
As a user of oratio, you agree that oratio is not liable for the full availability of the afore mentioned networks at any time.
14. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from an oratio user, we want to hear about it. If you think anyone has posted material that violates any copyrights, then you may notify us as well.
15. Compliance with Laws
You represent and warrant that your use of oratio will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws.
16. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
17. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
We and our Team are not responsible for the behavior of any advertisers, linked websites, or other Members.