1.1. SMS Service. This Section 1 applies to the use of Short Messaging Service (“SMS”) as a standalone channel or as an integrated or associated part of other products provided by us or our Affiliates (“SMS Service”).
1.2. Basic Principles. In order to promote successful transmission of legitimate SMS unhindered by filtering or other blockers, you should cooperate with us 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.
1.3. Consent and Unsolicited SMS (including SPAM). Without limiting or affecting Section 1.2 (Basic Principles), you agree to comply with consent obligations according to applicable laws, including: (i) 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; (ii) in case of SMS campaigns, supporting opt-out messages in the message recipient’s local language; (iii) complying with country specific obligations applicable to SMS mass marketing and bulk messaging; (iv) not contacting message recipients on do-not-call or do-not-disturb registries; (v) keeping and maintaining a record of consent for accountability purposes; and (vi) providing proof that you have obtained valid consent from the message recipient.
1.4. Responsibility for Your Customers’ Use of Services. If you provide your own end-users or clients with the ability to send SMS through us, you are responsible for the SMS activity of these users. You must ensure that any SMS activity initiated by your users complies with the Agreement and policies, and applicable laws, regulations, and industry standards, including telecommunications providers’ policies. Without limiting or affecting the foregoing, you are responsible for compliance with all obligations that apply to the use of the SMS Service based on applicable laws, which may include the jurisdiction in which the message recipient is located, the sender of the message is registered, or any other nexus that triggers the application of any domestic laws.
1.5. Prohibited Content. You should not, directly or indirectly, initiate any SMS 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: (i) content that is prohibited by applicable law in the jurisdiction where the message recipient lives; (ii) hate speech, harassment, exploitative, abusive, or any communications that originate from a hate group; (iii) fraudulent, criminal, and/or misleading content; (iv) malicious content, such as malware or viruses; (v) content that violates telecommunication carrier standards; and (vi) 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.
1.6. Age and Geographic Restrictions. If you are sending SMS 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: (i) ensure that the SMS 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; (ii) communicate during the message recipient’s daytime hours only unless it is urgent; and (iii) be able to provide proof that you have in place measures to ensure compliance with these restrictions.
1.7. No Evasion. You should not use our platform to circumvent our or a telecommunications provider’s spam or unsolicited SMS detection and prevention mechanisms.
1.8. Misrepresenting Your Identity (Spoofing). You will not misrepresent yourself when sending messages over our Services. Spoofing the Sender ID, or otherwise attempting to send misleading messages to end-users in respect to your true nature, is never allowed.
1.9. 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 SMS Service 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 will make sure to investigate and take the appropriate steps to stop such behavior without undue delay, including notification of the relevant authorities.
1.10. Violation of these Product Specific Terms for SMS Service. 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. If you fail to provide evidence of confirmation that your recipients have opted-in for receiving these messages within twenty-four (24) hours from the time of our request, we reserve the right to suspend or deactivate 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, including these Product Specific Terms. You are and will remain solely responsible for all usage of our Services and for all risks, expenses and liabilities arising from or relating to fraudulent, criminal, or illegal usage of the Services by you, your users, your customers and/or your end users, or any other person or entity directly or indirectly making use of the SMS Service.
1.11 Charging. 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.