Set forth below are supplemental terms applicable to certain Services (“Supplemental Terms”). These Supplemental Terms only apply to the extent we make the applicable Services relating to these Supplemental Terms available to you. If you have not ordered, or do not have access to or use of the applicable Services, then such Supplemental Terms will not apply to you. Capitalized terms not defined in these Supplemental Terms have the meaning given elsewhere in the Agreement.
1. Short Messaging Service (“SMS”)
The Services may permit you, and your users, to send and/or receive SMS messages through the Services subject to certain fees and charges set forth on our webpage or the applicable order (“SMS Service”). You shall:
(a) Obtain all necessary consents from each recipient prior to initiating an SMS message through the Services, and
(b) Comply with all applicable laws, rules, regulations, and telecommunication industry standards, including, but not limited to:
Supporting opt-out messages in the recipient’s local language,
Complying with country-specific obligations applicable to SMS mass marketing and bulk messaging,
Ensuring that the content of the SMS message complies with all applicable laws and regulations of the jurisdiction in which the recipient is located, and
Not contacting any third party listed on a do-not-call or do-not-disturb registry.
You agree not to use the SMS Service, directly or indirectly, to commit fraud or other criminal activities, and you will immediately notify us in the event you suspect or become aware of a third party using the SMS Service in a fraudulent or other illegal manner.
We may, at any time, request you provide proof of your compliance with applicable law, rules, or regulations, such as proof of any required opt-ins. In the event (x) you fail to provide us such requested documentation, (y) we receive a third-party complaint regarding your use of this SMS Service, or (z) we suspect or reasonably determine your use of the SMS Service is unlawful, we may suspend your (and your users’) access to the SMS Service or deactivate your account. You shall be solely responsible for all usage of the SMS Service under your login credentials.
2. Numbers Service
The Services may permit you, and your users, to use telephone numbers, alphanumeric numbers, and short-codes (collectively, “Telephone Numbers”) subject to certain fees and charges set forth on our webpage or the applicable order (“Numbers Service”). You acknowledge and agree that:
(a) Nothing in the Agreement provides you any rights, title, or interest in and to the Telephone Numbers except the limited right to use the Numbers Service as provided in these Supplemental Terms,
(b) You shall only use a Telephone Number for the time period set forth in an applicable order or as we otherwise communicate to you,
(c) We may disconnect a Telephone Number, at any time, without notice, in the event you breach or violate the Agreement or applicable laws,
(d) We may, in our sole discretion, reclaim any Telephone Number, at any time, upon five (5) days’ notice, if we reasonably determine such Telephone Number is unutilized or underutilized,
(e) You shall not transfer or assign a telephone number without our prior written approval, and
(f) You shall not forward a Telephone Number to a dead endpoint.
We may suspend or terminate your access to the Numbers Service if (x) we receive a third-party complaint regarding your use of the Numbers Service or (y) we suspect or reasonably determine your use of the Numbers Service is unlawful. You shall be solely responsible for all usage of the Numbers Service under your login credentials.
3. Artificial Intelligence Services
The Services may permit you, and your users, to use certain services that may include artificial intelligence features and functionality, including, but not limited to, an artificial intelligence chatbot to assist you in obtaining information and/or using the Services (collectively the “AI Services”). You shall not use the AI Services, directly or indirectly, for any illegal, harmful, or offensive purposes. You agree to use the AI Services in a responsible and ethical manner, and shall comply with all applicable laws, rules, and regulations, including, but not limited to, data protection, data privacy, and intellectual property laws. We do not guarantee the accuracy, reliability, or suitability of any information arising from an AI Services. To the fullest extent permitted by applicable law, we disclaim all liability arising out of or in connection with the use of the AI Services.