4.1 Customer data consists of information provided to MMDSmart by the customer`s use of the Services under this Agreement, including information such as the customer`s name, contact information, billing documents, messaging protocols and routing information, as well as the content of communications sent by MMDSmart Services or integrated with MMDSmart Services, for example.B. „mobile subscriber“ and/or „end user,“ a telecommunications service client, contracted or paid in advance, from an operator that is able to accept SMS. This ALS only covers MessageMedia`s infrastructure and does not cover issues related to software, computer systems or web browsers, other telecommunications technologies or equipment, or the services used to send SMS. 2.3 MMDSmart is in no way responsible for the non-provision of services to the customer as such a failure is due to a technical or other failure of a mobile operator or other event that is beyond the proper control of MMDSmart. MMDSmart provides all services „as intended“ and „as available,“ and MMDSmart guarantees, explicitly or implicitly, that all services are error-free or discontinued, always available, suitable for all uses, safe or infringe any third-party rights. 4.3 MMDSmart maintains confidential customer data in accordance with paragraph 11 [Confidentiality] of these CGVs. The customer also recognizes and accepts that MMDSmart can access or disclose customer data, including the content of messages stored on MMDSmart systems, when: (i) MMDSmart: that disclosure is reasonably necessary to comply with existing legislation, (iii) protect the safety or integrity of MMDSmart`s services and products, iv) mmdsmart, protect its other customers or the public from unlawful harm or activity, or (v) respond to an emergency that MMDSmart believes in good faith that MMDSmart discloses data to prevent death or serious harm. B. If, due to a technical issue, the customer is unable to access MessageMedia`s SMS service, including, but not limited to hardware or software issues, Internet connection problems, services provided by third parties or agents, or another problem beyond MessageMedia`s control, our providers or mobile network operators may fail from their own systems and are out of our control. TextClever Limited disclaims any responsibility for any problems or problems that may arise in your business in these circumstances. Every effort is made to minimize downtime for our SMS/MMS delivery services.

„mobile operator“ or „operator,“ the corporation that operates a mobile phone system or network necessary to provide services to subscribers via the licensed spectrum. Unless the agreement is expressly provided, MMDSmart does not cover guarantees, insurance, conditions or other conditions relating to the provision of the service; as stipulated in this agreement, and expressly excludes any guarantee and refuses, in writing or orally, contractually, expressly or implied or otherwise, including and without restriction with respect to description, civity, non-counterfeiting, completeness, quality (including any guarantee in terms of latency and debit), adequacy to a purpose or purpose or local access, guarantees relating to third-party equipment, hardware, services or software or other issues.