General thoughts

The phrases used in the Regulations mean:

GSM – (the Global System for Mobile Communications) – a system of mobile digital telephony; PSTN – landline telephony system;
SMS, MMS, RCS – a system of text messages and Reach Media directed to telecommunications networks;
Website owner – an entity that is the owner of the globfone.com domain and websites under this domain, ensuring the integrity and proper operation of the services on the Website’s websites;
Website User, User – any person who accepts these regulations and uses the functionalities available on the Website. Minors should have the consent of a legal guardian to use the Website;
Website – website available at http://globfone.com;
Application – an application owned by the Website Owner, enabling the performance of services specified in these regulations;
Consumer – a consumer within the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights and the provisions of the Civil Code;
PayPal – an online financial service that allows you to pay for items and services using a secure online account and payment card.
GPRD – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Regulation on data protection).
Content – all content that can be sent via the Website, including: SMS, MMS, RCS, voice messages, phone calls, images and files.
Recipient – the owner or user of a telephone number belonging to the GSM or PSTN network.

These Regulations define the rules for the provision of services of sending SMS messages, making phone calls, video calls and sending files via the Website.
The service is provided on the terms set out in the Regulations and includes activities offered by the website owner.
The User using the Website is obliged to comply with the provisions of the Regulations.

Using the Website

The purpose of the Website is to enable users to:

1. sending messages to Recipients’ telephone numbers, provided by the User, registered in GSM networks in selected countries;
2. making time-limited phone calls to numbers provided by the User registered in GSM and PSTN networks in selected countries;
3. making video calls and transferring files made in Peer2Peer technology directly between Website Users;

The following rules of operation of the website are introduced:

1. In order to send an SMS message, the User must accept these regulations, as well as provide the recipient’s telephone number and the content of the message. The conclusion of the contract for the use of the Website takes place by accepting the terms of the Regulations and the Privacy Policy, and the lack of acceptance of the Regulations prevents the User from using the services.
2. In order to make a telephone call, the User must accept these regulations and provide the recipient’s telephone number.
3. In order to make a video call and file transfer, the User must accept these regulations and provide the declared name of the user who is at the same time on the Website and awaits connection with the User.

The Website reserves the right to interfere in the content of SMS messages sent via the Website, consisting only in replacing national diacritics with Latin characters and eliminating special characters that prevent sending SMS messages (characters that are not letters of the alphabet). Additionally, the Website filters messages in terms of some offensive phrases and profanity. The website does not interfere with the text message content in any other respect.
The service will make every effort to ensure that SMS messages and files are sent correctly, and that phone calls and video calls are properly made. Due to the use of external technical solutions, the Website cannot guarantee the continuity of services and cannot guarantee the delivery of SMS messages to the recipient and connection with the recipient during a telephone or video call.
The User is obliged to use the Website only in a manner consistent with its intended purpose. The User is obliged not to take actions that disrupt the operation of the Website. The User may not, alone or with the participation of third parties, change, circumvent and break security measures, reverse engineer the Website and may not negatively affect the Website’s operation by its actions or omissions, causing its damage or leading to its overload.

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WEBSITE OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES; IF YOU ARE ACCEPTING THIS AGREEMENT UNDER THE LAWS OF ONE OF THESE COUNTRY, YOU MAY NOT USE OUR SERVICE. WEBSITE OWNER DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations on the use of the Website

The User may not send via the Website Content that may constitute an infringement of the recipient’s personal rights, offensive messages, threats, illegal content and content contrary to applicable law and Content constituting unsolicited commercial information. The User is aware that he bears full responsibility for claims of persons resulting from the User’s actions contrary to this commitment. In the event of a breach of this provision, the Website Owner will cooperate with law enforcement authorities to determine the identity of the User who has breached this provision.
The Website is not responsible for the Content provided by the user via text messages and files or provided via telephone or video calls, in particular, it is not responsible for content that is unwanted, offensive, vulgar, has signs of crime or is used to commit crimes.
Odbiorcy, którzy otrzymają niechcianą Treść (w tym niechciane połączenia telefoniczne) mogą na stronie Serwisu pod adresem: https://globfone.com/block-my-number/ zablokować dostęp do swojego numeru dla Użytkowników Serwisu

Rules of operation of the Website

Sending SMS messages, making phone calls, transferring files and making video calls is free for the User, which means that the User does not bear the costs of these services, subject to the exceptions set out in these regulations.
The website generates revenue through advertisements from external advertisers. Revenue is irregular and periodic.
The website uses the Cloudflare service. Cloudflare is a service that ensures the security and performance of websites with a CDN (Content Delivery Network). Cloudflare works by using a network of global servers to deliver websites from different parts of the world faster, while also acting as a shield against malicious attacks.
Telecommunications services are provided on the basis of Agreements concluded by the Website Owner with service providers and/or operators.
For security reasons and supervision over the proper operation of the services, the Website collects server logs and data accompanying the use of the Website’s services, such as:
– User’s IP
– Recipient’s phone number
– date, time of the event
– declared sender/caller name
– SMS content
– Browser UserAgent
The website collects and makes available only to procedural bodies whose operation is mandated by the legal provisions of a given country. These data are made available in the form of a PDF file.
The recipient has the option to purchase an Activity Report for their number for $6.99 via PayPal. Authorization of this process requires reading the SMS message sent to the Recipient’s number. After the transaction is completed, the Activity Report is sent to the email address associated with the payer’s PayPal profile. The report includes historical data from the last 180 days, accompanying the provision of services listed in point 7 of this paragraph. PayPal keeps a transaction history.

The application

The user has the option of installing the “Globfone SMS Messenger” (App) application that enables the performance of the services specified above of these Regulations.
The application can be downloaded from the following stores: AppStore and Google Play.
The app is free. Sending SMS messages in the application is free for the User, which means that the User does not bear the costs of these services.
At the first launch of the application, the User will be asked to accept these Regulations and to provide his own telephone number in order to authorize and complete the installation process.
The application may ask for the User’s consent to access contacts. Contacts are stored locally on the User’s device and are not sent or synchronized with the Website’s servers.

Powers and responsibilities of the Website

Shaping the content of the Website is the sole right of the Website Owner. The Website owner is entitled, in particular, to modify and remove the content and functions of the Website, as well as to transfer the rights to the Website to a third party together with the database.
The Website owner is not responsible for:
1) interruptions in the functioning of the Website resulting from reasons beyond its control, in particular constituting force majeure;
2) functioning of ICT systems and telecommunications networks when making payments by Users via the Website;
3) technical problems or difficulties related to the operation of computer or telecommunications equipment that make it difficult or impossible to use the Website or the services offered through it;
4) damages caused by Website Users by violating the rights of third parties;
5) damages caused by the actions of third parties for which the Website Owner is not responsible;
6) damage caused by the Users’ inability to conclude contracts via the Website;
7) damages incurred by Users in connection with blocking or removing from the Website the possibility of using the Services in connection with the violation by Users of the provisions of the Regulations or generally applicable laws;
8) for violating the confidentiality of content during its transmission over the Internet due to the technical nature of the network.
The Website Owner is liable to Users only for damages incurred by Users as a result of using the Website caused by the intentional fault of the Website Owner.
The owner of the Website is entitled to partially or completely disable the functioning of the Website in order to carry out its repair or modernization without the need to inform the Customers about it in advance.
The Website is not responsible for the activities of entities providing postal, banking or telecommunications services, including those providing access to the Internet.

Complaints about incorrect operation of the Website

Complaints about the operation of the Website and comments can only be submitted by e-mail to the following address: support@globfone.com
The complaint should contain the user’s telephone number, the reason for the complaint and a detailed description of the circumstances of the complaint.
The Website owner reserves the right to request information or explanations from the advertiser in a situation where it is required to recognize the complaint.
A response to complaints will also be provided by e-mail immediately, no later than 14 days from the date of receipt of the complaint.
The User has the option of using out-of-court methods of dealing with complaints and pursuing claims.

Final provisions and other information

The Regulations come into force on the day of its announcement on the globfone.com website
The Website owner reserves the right to change the provisions of these regulations. The changes come into force on the day of their announcement on the Website.
Any disputes related to the implementation of these regulations will be settled by the competent common courts. In case of violation by the User of the provisions of these regulations, applicable Polish law, accepted moral standards, violating good manners or violating someone’s dignity.
The law applicable to these Regulations and to the contract for the provision of Services is Polish law.
In matters not covered by the Regulations, the provisions of the Act on the provision of electronic services, the Act on copyright and related rights and the Civil Code shall apply.