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Product Specific Terms

1.     Applicability. These Product Specific Terms govern the use by any Person of the products and services described below, offered by Identidad and/or its Affiliates. These Product Specific Terms, together with the Identidad General Terms and Conditions and any applicable Order Form, SLAs, Documentation, and the customer portal on the Site (collectively, the “Agreement”) constitute the entire agreement between you and Identidad and/or its Affiliates. By signing any document comprising the Agreement or by using any Services you acknowledge that you have read and understood the Agreement and all its constituent documents in their entirety and agree to be bound thereby.

2.    Definitions. Capitalized terms not otherwise defined in these Product Specific Terms shall have the meanings assigned to them in the General Terms and Conditions.

3.    Responsibility for EndUsers. Identidad and/or its Affiliates provide products and services to end-users as well as resellers, wholesalers, and other telecommunication providers. If you act as a reseller, wholesaler, or other telecommunication provider, you are responsible to ensure that all end-users who use the products or services provided by Identidad and/or its Affiliates through you, strictly comply with all the Agreement as if each such end-user was directly a party to the Agreement. In addition, you shall cause all of your end-users to comply with all applicable policies, laws, regulations, industry standards, and telecommunications providers’ policies, which may include those in the jurisdiction in which the receiver of the telecommunication is located, the sender of the telecommunication is registered, or any other nexus that triggers the application of any of the foregoing in a particular jurisdiction (collectively, “Policies”). You agree to be responsible to Identidad and/or its Affiliates for any breaches by any end-users of any of the Agreement or of any of the Policies. You are responsible for implementing internal policies and procedures designed to ensure your and your end-users’ compliance with these Product Specific Terms and the Agreement.

4.   Changes to these Product Specific Terms. We introduce new products regularly. Therefore, we may update these Product Specific Terms from time to time, without prior notice to you, by posting a revised version of these Product Specific Terms on the Site. It is your responsibility to check the Site regularly for updates to these Product Specific Terms. If a product or service is provided to you but it is not described in these Product Specific Terms, we provide that product or service on the basis of the General Terms and Conditions.

5.    SMS Service and Charges. Identidad and/or its Affiliates provide Short Messaging Service (“SMS”) as a standalone channel or as an integrated or associated part of other products provided by Identidad or its Affiliates (“SMS Service”). SMS shall be a set of systematized textual and numeric characters (text), transmitted to the mobile subscribers up to 160 characters when using Latin alphabet (Latin 1 (ISO-8859-1) 7bit) or 70 characters when using Cyrillic alphabet (UCS2 (ISO/IEC-10646) 16-bit) in length. If the length of the text is greater than the above number of characters, the message will be delivered and billed as two or more separate  texts of up to 153 characters (when using Latin alphabet) or 67 characters (when using Cyrillic alphabet) in length each. If the text of an SMS-message contains textual and numeric characters of Latin and Cyrillic alphabets, the SMS-message shall be deemed to have been sent in Cyrillic alphabet. We will charge you for each SMS that has been initiated by you and processed by our platform in accordance with the Agreement, regardless of actual receipt of such SMS by the recipient.

6.   Basic Principles. In order to promote successful transmission of legitimate SMS unhindered by filtering or other blockers, you must cooperate with Identidad to prevent and eliminate unsolicited SMS and any spam. For this purpose, you agree to obtain the required level of consent from each recipient before you initiate any SMS, and you further agree to comply with applicable laws and communications industry and telecommunications carrier standards.

7.   Voice Service. Identidad and/or its Affiliates provide voice service as a standalone channel or as an integrated or associated part of other products provided by us or our Affiliates (“Voice Service”).

8.   Permitted Use. You should ensure that our Voice Services will be used in accordance with all applicable laws and regulations, including access to emergency services and cooperation with law enforcement agency requests. It is your responsibility to, for example, (a) adhere to the local laws and regulations regarding do-not-call or do-not-disturb registries; (b) refrain from transmitting inaccurate calling number information with the intent to defraud, cause harm, or wrongfully obtain something of value; (c) collect prior express written consent, or other consent required by applicable law, before making unsolicited calls; and (d) comply with call timing restrictions.

9.   Cooperation Against Illegal Robocalling. You will cooperate with us as necessary, to determine the origin of a voice call that is suspected of being an illegal robocall by identifying (a) the upstream voice service provider from which such voice call entered our or your network; or (b) your own customer or end user, as applicable, if such voice call originated from within our or your network.

10. Recording Calls without Consent. You will respect consumer and data protection at all times. Before you record any calls, you should notify and obtain the necessary authorization from your end-users and comply with all other information, notification, retention, access and other applicable requirements if required by applicable laws.

11.  Minimum Usage and Call Duration Requirements. You should not have a high volume of unanswered phone calls or phone calls that are too short in duration, as defined in the applicable laws and regulations.

12. Emergency Services. You shall not use our Services to offer any Emergency Services. “Emergency Services” means services that allow a user to connect with emergency personnel or Public Safety Answering Points (PSAP), such as 911/112/999/995, 999/112, or E911 services.

13. Numbers Service. Identidad and/or its Affiliates provide use of telephone numbers, alphanumeric numbers, and short-codes as a standalone service or as an integrated or associated part of other products provided by us or our Affiliates (“Numbers Service”).

14. Identification and Disclosure of Use. You will provide us with correct and accurate information, such as about the intended use and the identity of the actual user of the numbers that we may request from you at any point in time.

15. No Ownership. You acknowledge and agree that the use of our Numbers Service does not grant you any ownership or other rights to telephone numbers other than the limited, revocable use rights expressly set out in the Agreement.

16. Disconnection of Numbers without Notice. You do not have the right to use telephone numbers indefinitely and such numbers can be disconnected at any time, without notice, in the following cases: (a) non-compliance with legal, regulatory, self-regulatory, governmental, statutory, or telecommunication network operator’s requirements or codes of practice for the use of such numbers; and (b) numbers used by suspended, terminated, and trial accounts.

17. Disconnection of Numbers with Notice. You acknowledge and agree that telephone numbers provided by us or our Affiliates may be reclaimed by us, our Affiliates or the applicable supplier, including in situations where you do not send sufficient traffic over that telephone number such that the telephone number is unutilized or underutilized, as defined by any local, federal, and/or national regulatory agency and/or governmental organization with oversight over the relevant telephone number and numbering plan; or in situations where you do not send any calls to the telephone number for three (3) consecutive months, whichever is sooner. Except for cases set out in this Section 17 (Disconnection of Numbers without Notice) above, we will use our best efforts to provide at least seven (7) days advance notice of reclamation via email, except where we are prevented from doing so by applicable law, the competent regulatory agency or governmental organization, or the relevant supplier. For clarity, the disconnection or reclamation of a telephone number does not grant you the right to terminate the Agreement or any Order Form or to suspend any of your obligations under the Agreement.

18. Assignment of Numbers, Porting. You may not transfer or assign a telephone number unless explicitly agreed by us in writing.

19. Dead Endpoints. You shall not forward from a virtual number provided by us to a dead endpoint (e.g. if you forward from a virtual number, you must make a reasonable attempt to receive or answer the message, as applicable).

20.                  Consent and Unsolicited Communications (including SPAM). You agree to comply with consent obligations according to applicable laws, including (a) getting opt-in or another valid form of consent from each message recipient before initiating any communication to them, particularly for marketing or other non-essential communications; (b) in case of SMS campaigns, supporting opt-out messages in the message recipient’s local language; (c) complying with country specific obligations applicable to SMS mass marketing and bulk messaging; (d) not contacting message recipients on do-not-call or do-not-disturb registries; (e) keeping and maintaining a record of consent for accountability purposes; and (f) providing proof that you have obtained valid consent from the message recipient.

21. Prohibited Content. You should not, directly or indirectly, initiate any communication or use any Services to transmit content that is illegal, harmful, unwanted, inappropriate, objectionable, or otherwise poses a threat to the public, even if the content is permissible by law. Other prohibited uses include: (a) content that is prohibited by applicable law in the jurisdiction where the message recipient lives; (b) hate speech, harassment, exploitative, abusive, or any communications that originate from a hate group; (c) fraudulent, criminal, and/or misleading content; (d) malicious content, such as malware or viruses; (e) content that violates telecommunication carrier standards; and (f) any content that is designed to intentionally evade filters. Engaging in activities or transmitting through the Services any information that is libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age is prohibited.

22.Age and Geographic Restrictions. If you initiate any communication or use any Services to transmit content in any way related to alcohol, gambling, tobacco, firearms, or other adult content, in addition to obtaining consent from every message recipient, you must ensure that no message recipient is below the legal age of consent based on where the message recipient is located. You also must (a) ensure that the content complies with all applicable laws and regulations of the jurisdiction in which the message recipient is located or applicable communications industry guidelines or standards; (b) communicate during the message recipient’s daytime hours only unless it is urgent; and (c) be able to provide proof that you have in place measures to ensure compliance with these restrictions.

23.No Evasion. You should not use our platform to circumvent our or any telecommunications provider’s spam or unsolicited communication detection and prevention mechanisms.

24.                 Misrepresenting Identity (Spoofing). You will not, and will cause your end users not to, misrepresent the identity of the sender of any telecommunication or content through our Services. Spoofing the Sender ID, or otherwise attempting to send misleading messages or communications to end-users in respect to the true nature of the sender, is never allowed.

25.                  Engaging in Fraud. You will not participate or assist in any way in fraudulent or criminal activities, directly or indirectly. If you suspect, know, or should reasonably know or be aware of fraudulent or criminal activities you will immediately cease the use of our Services and notify us. Collecting confidential information by requesting responses via messages without prior contact and/or consent is not allowed. We do not support or accept fraudulent or criminal activities. We have the right to investigate and, in our sole discretion, will take any action we deem necessary to stop such behavior without undue delay, including notification of the relevant authorities.

26.                  Violation of these Product Specific Terms. Violations of these provisions may result in deactivation of your Services and third party liability. You agree to our right to request opt-in proof, together with other relevant information such as the general purpose of your campaign(s) and a sample message or other communication. If you fail to provide evidence of confirmation that your recipients have opted-in for receiving messages and communications, as applicable, within twenty-four (24) hours from the time of our request, we reserve the right to suspend, deactivate, or terminate your account. We may also suspend your account in case of complaints from any third-party and/or recipient/end user or in any case when your behavior is reasonably believed to violate the Agreement or any Agreement.