General Terms and Conditions

This Agreement is entered into between Sinch and Customer and are together referred to as the “Parties” and each a “Party”. The account creator represents and confirms to Sinch that you are the duly authorised representative and signatory of the Customer to act for and on behalf of the Customer to enter into the Agreement. All information provided is complete and accurate. The Agreement shall be effective on the date at which time the account is created and verified.

The Services is governed by and incorporates the following documents in effect as of the date of the creation of the account (“Effective Date”).  All documents collectively referred to as the “Agreement”:

Unless expressly defined in the specific document or a contrary intention appears, capitalized terms defined in the Agreement have the meaning set out in the GTC.

The Agreement is in force for an initial term of three (3) full calendar months (the “Initial Term”). The Customer’s Initial Term will begin on the Effective Date. The Initial Term and any renewals and extensions will automatically renew for term until it is terminated (“Renewal Term”) (the Initial Term and any Renewal Term together the “Term”). Upon the expiry of the Initial Term, the Agreement may be terminated by each Party by giving One (1) full calendar month advance written notice to the other Party. The aforementioned notice period for termination by the Customer shall be subject to the Customer’s full payment of any fees due and payable including but not limited to any accruing interests, if any. Upon termination of any Service, all fees incurred in relation to the terminated Service(s) shall become immediately payable and remaining fees charged until the end of the term. The termination, suspension or non-renewal of a part of the Service, the other parts of the Service will remain unaffected, and the respective terms and conditions remain in force and binding upon the parties.

SINCH may modify any fees in its sole discretion upon written notice in accordance with the terms of Section 13.5 of the GTC (Notices). The parties agree that for the purposes of notice under this Section, such notice may be given by email and that notice shall be deemed to have been given once the email is dispatched from the SINCH email server.

SINCH ENGAGE

The Service consists of a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the digital publishing platform of Sinch Engage (“SE Platform”) for its own and internal business, in which allows the Customer to use the SE Platform for the distribution of content to end users through messaging platforms (illustratively and not exhaustively: WhatsApp, Facebook Messenger, Apple Messages for Business, Webchat, Telegram, Notify and Viber Messenger, hereinafter referred to individually as “Social Channel” and/or collectively as “Social Channels”).

The Service will be made available at the electronic address described below https://rest.messengerpeople.com/ or at another place indicated by SINCH, and may be changed periodically according to the rules stipulated in the Agreement, being applicable to the Service.

The Customer declares to be aware that in order to use any Social Channel through the SE Platform, they must be registered as a business user in the Social Channel that they wish to use, as well as observe all the rules informed by the Social Channels and certify that all the technical and organizational measures requested and/or informed by said Social Channels are in full operation.

The content of the messages set up on the SE Platform to be sent by Customer is the sole and absolute responsibility of the Customer. The Customer undertakes to comply with all terms and conditions imposed and required by the Social Channels’ platform provider integrated with the Service. Automated messages must be prepared by the Customer with the intention of solving the user's issues, based on the principles of the applicable consumer protection laws, aiming at meeting the needs of consumers, respect for their dignity, health and safety, the protection of their economic interests, the improvement of their quality of life, as well as the transparency and harmony of consumer relations.

In context of this Agreement, it has been explicitly agreed that clause 11.4 of the General Terms and Conditions is replaced in entirety by the following clause:

• “11.4 Customer agrees that SINCH is hereby authorized to use the name of the Customer in publicity activities as part of SINCH's marketing efforts (including reference calls and stories, press testimonials, website, social media). Customer agrees that SINCH is also authorized to share information of Customer with its Affiliates for marketing and other business purposes and that it has secured appropriate authorizations to share Customer employee contact information with SINCH.”

Data Retention. Regarding the SE Platform, the standard retention period for conversation data applied by Sinch is 180 (one hundred and eight) days (“Data Retention Period”), while the standard retention period for contact data is indefinite. The Customer understands that this is part of the functionality of the service. If the Customer wishes to change the Data Retention Period, please contact support at: tickets.sinch.com/servicedesk. Sinch does not take any responsibility and/or liability for the (changes to the) retention time made by Customer.

Version 2.2 • Date of release: 14 October 2024