logo yellow push

Product Specific Terms

 

The Product Specific Terms below govern your use of the Services. Capitalized terms used in these Product Specific Terms but not defined below are defined in the YellowPush General Terms and Conditions or other agreement with us governing your use of the Services. We introduce new products regularly. If a product is not specified in these Product Specific Terms, we provide that product on the basis of the General Terms and Conditions.

SMS

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.

VOICE

2.1. Voice Service. This Section 2 applies to the use of Voice services as a standalone channel or as an integrated or associated part of other products provided by us or our Affiliates (“Voice Service”).

2.2. 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: (i) adhere to the local laws and regulations regarding do-not-call or do-not-disturb registries; (ii) refrain from transmitting inaccurate calling number information with the intent to defraud, cause harm, or wrongfully obtain something of value; (iii) collect prior express written consent, or other consent required by applicable law, before making unsolicited calls; and (iv) comply with call timing restrictions.

2.3. 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.


2.4. Recording Calls without Consent. You will respect consumer and data protection at all times. Before you record your 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.



2.5. 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.


2.6. 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.


2.7. 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 Voice Service and notify us. Collecting confidential information by requesting responses via Voice service without prior contact and/ or consent is not allowed. We do not support or accept fraudulent or criminal activities. We investigate and take the appropriate steps to stop such behavior and reserve our right to notify the relevant authorities of any suspected fraudulent or criminal activities.


2.8. Violations of these Product Specific Terms for Voice Services. 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. If you fail to provide evidence of confirmation that your recipients have opted-in for receiving this Voice Service 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 our Agreement, including these Product Specific Terms. You are and will remain solely responsible for all usage of our Services and all risks, expenses and liabilities arising from or relating to fraudulent or criminal 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 Voice Service through your account.

3.NUMBERS

3.1. Numbers Service. This Section 3 applies to the 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”).



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


3.3. 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.

3.4. 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: (i) 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 (ii) numbers used by suspended, terminated, and trial accounts.


3.5. 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 Section 3.4 (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.


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

 

3.7. 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).

 

3.8. Violations of these Product Specific Terms for Numbers Service. Violations of these provisions may result in deactivation of your Services and third-party liability. We may 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 you will be solely responsible for all risks, expenses and liabilities arising from or relating to fraudulent or criminal 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 Numbers Service.

 

Support Services

11.1 If Customer purchased a support plan during the Term, we shall provide support services to Customer in accordance with our then-current support plan for the relevant Service available at https://messagebird.com/en/pricing/support or as otherwise agreed in writing from you by separate agreement.