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
|If you are domiciled in:||You are contracting with:||Notice should addressed to:|
|EMEA and REST OF WORLD
(i.e. customers that are not located
in EMEA, Brazil, Mexico and India)
|MessengerPeople GmbH||Seidlstrasse 8
|Brazil||SINCH BR S.A.||Av. Brigadeiro Faria Lima, 1663
10º e 13º Andar
São Paulo – SP
|Mexico||Cyclelogic Mexico S. de R.L de CV.||Calle Arquimides, 130
Piso PC Mezzanine
Colonia Polanco, Chapultepec
Delegación Miguel Hidalgo
|India||ACL Mobile Private Ltd||104-107 Hemkunt Tower 98
Nehru Place New Delhi 110019
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”:
|Data Protection Agreement||https://www.sinch.com/data-protection-agreement/|
|Social Channel Supplemental Terms and Conditions||https://www.sinch.com/social-channels-supplemental-terms-and-conditions/|
|Messaging Supplemental Terms and Conditions||https://www.sinch.com/messaging-supplemental-terms-and-conditions/|
|SAAS Supplemental Terms and Conditions||https://www.sinch.com/saas-supplemental-terms-and-conditions/|
|General Terms and Conditions (“GTC”)||https://www.sinch.com/general-terms-and-conditions/|
|WhatsApp Business API||https://www.messengerpeople.com/terms-whatsapp-business-api/|
Unless expressly defined in the specific document or a contrary intention appears, capitalised terms defined in the Agreement have the meaning set out in the GTC.
The Agreement is in force until it is terminated by a Party (the “Term”). The Agreement may be terminated by each Party by giving ninety (90) days 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.
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.
The Service consists of a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the digital publishing 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/docs/v16/ 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.
Customer acknowledges and agrees that in addition what is stated within Sinch’s Data Protection Agreement and in addition to the sub-processors that can be found under https://www.sinch.com/data-protection-agreement/sub-processors/ (“Sub-processor List”), that the following Sub-processors can be used as well:
|Apple Inc.||70 Fleet Street London EC4Y 1EU United Kingdom|
|Grafana||3411 Silverside Road, Tatnall Building #104, DE 19810, USA|
|Amazon Web Services SARL||38 Avenue John F. Kennedy, L-1855 Luxembourg|
|Google Cloud EMEA Ltd.||Gordon House, Barrow Street|
|Sinch Sweden AB||Lindhagensgatan 74, 11 18 Stockholm, Sweden|
|Hetzner Online GmbH||Industriestr. 25 91710 Gunzenhausen, Deutschland|
Data Retention. The standard retention period for conversation data applied by Sinch is 180 days (“Data Retention Period”). The standard retention time for contact data is indefinite. Customer understands that this is part of the functionality of the service. 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.