Supplemental Terms and Conditions
Set forth below are supplemental terms applicable to certain Services ordered by Subscriber in an applicable Order (“Supplemental Terms”). These Supplemental Terms only apply to the extent the Subscriber orders the Services described below. 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 Subscriber and its Authorized Users to send and/or receive SMS messages through the Services subject to certain fees and charges set forth in the applicable Order or as otherwise made available by Sent to Subscriber (“SMS Service”). Subscriber shall (a) obtain all necessary consents from each recipient prior to initiating a SMS message through the Services and (b) comply with all applicable laws, rules, and regulations and telecommunication industry standards, including, but not limited to, (i) supporting opt-out messages in the recipient’s local language, (ii) complying with country specific obligations applicable to SMS mass marketing and bulk messaging, (iii) 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 (iv) not contacting any third party listed on a do-not-call or do-not-disturb registry. Subscriber agrees to not use the SMS Service, directly or indirectly, to commit fraud or other criminal activities, and Subscriber will immediately notify Sent in the event Subscriber suspects or becomes aware of a third party using the SMS Service in a fraudulent or other illegal manner.
Sent may, at any time, request Subscriber provide proof of its compliance with applicable law, rules, or regulations, such as proof of any required opt-ins. In the event (x) Subscriber fails to provide Sent such requested documentation, (y) Sent receives a third-party complaint regarding Subscriber’s use of this SMS Service, or (z) Sent suspects or reasonably determines Subscriber’s use of the SMS Service is unlawful, Sent may suspend Subscriber’s and its Authorized Users’ access to the SMS Service or deactivate Subscriber’s account. Subscriber shall be solely responsible for all usage of the SMS Service under Subscriber’s login credentials.
2. Numbers Service
The Services may permit Subscriber and its Authorized Users to use telephone numbers, alphanumeric numbers, and short-codes (collectively, “Telephone Numbers”) subject to certain fees and charges set forth in the applicable Order or as Sent otherwise communicates to Subscriber (“Numbers Service”). Subscriber acknowledges and agrees that (a) nothing in the Agreement provides Subscriber 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) Subscriber shall only use a Telephone Number for the time period set forth in an applicable Order or as Sent otherwise communicates to Subscriber, (c) Sent may disconnect a Telephone Number, at any time, without notice, in the event Subscriber breaches or violates the Agreement or applicable laws, (d) Sent may, in our sole discretion, reclaim any Telephone Number, at any time, upon five (5) days’ notice, if Sent reasonably determines such Telephone Number is unutilized or underutilized, (e) Subscriber shall not transfer or assign a telephone number without Sent’s prior written approval, and (f) Subscriber shall not forward a Telephone Number to a dead endpoint. Sent may suspend or terminate Subscriber’s access to the Numbers Service if (x) Sent receive a third-party complaint regarding Subscriber’s use of the Numbers Service or (y) Sent suspects or reasonably determines Subscriber’s use of the Numbers Service is unlawful. Subscriber shall be solely responsible for all usage of the Numbers Service under Subscriber’s login credentials.
3. Artificial Intelligence Services
The Services may permit Subscriber and its Authorized Users to use certain services that may include artificial intelligence features and functionality, including, but not limited to, an artificial intelligence chatbot to assist Subscriber in obtaining information and/or using the Services (collectively the “AI Services”). Subscriber shall not use the AI Services, directly or indirectly, for any illegal, harmful, or offensive purposes. Subscriber agrees 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. Sent does not guarantee the accuracy, reliability, or suitability of any information arising from an AI Services. To the fullest extent permitted by applicable law, Sent disclaims all liability arising out of or in connection with the use of the AI Services.
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