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Products Terms and Conditions

The following terms and conditions apply to additional services you may purchase from MessageMedia from time to time. These terms form part of your Customer Contract as defined in our Customer Terms at https://messagemedia.com/nz/legal/terms-of-service/.

Social channels

These Social Channel Terms and Conditions (“Supplement”) are part of an agreement for certain MessageMedia services (“Agreement”) between MessageMedia and Customer and apply solely to the MessageMedia social channel services (“Service”). Capitalised terms are defined in the Glossary below. Capitalised terms not defined in this Supplement shall have the meanings ascribed to them in the MessageMedia Customer Terms.

Part A – Legal Terms

1. Services

1.1. End User opt-in/opt-out requirements. Customer shall send Messages only to End Users who have, and continue to, knowingly consent or “opt-in” to receiving Messages and who have been informed by Customer of their right to cancel, and have been given a readily accessible free process for cancelling, receipt or to “opt-out” of receiving further Messages. This opt-in information shall include the End User’s MSISDN, Social Channel ID, and any MessageMedia Message channel preference (collectively “Opt-In Information”), and any further details if and as required by any relevant social channel service provider (“Social Media Platform Provider”). Customer agrees that MessageMedia will deliver Messages to the Customer Messaging Application via the Social Media Platform Provider based on the End User’s Social Channel ID and Customer’s communication to MessageMedia of such End User’s Opt-In Information. Customer shall stop sending Messages to an End User who has opted-out from receiving such Messages as soon as possible but in no case later than twenty-four (24) hours after receipt of the opt-out request (or any shorter time period if necessary to meet or comply with any legal, regulatory, governmental and/or Service Provider request or requirement). At MessageMedia’s request, or the request of a Service Provider, Customer shall provide MessageMedia with proof of any and all such opt-in(s) and optout(s), and response time to discontinue transmission of Messages after opt-out, to MessageMedia’s reasonable satisfaction. 1.2. Supply of Customer Services. Customer shall inform End Users that Customer is the source and supplier of the Messages and provide appropriate contact details to End Users. MessageMedia shall have no support obligations of any kind with respect to End Users and Customer shall not in any way, directly or indirectly, communicate or otherwise convey to End Users anything to the contrary. Customer shall bear sole responsibility for the acts, omissions or breaches of End Users with respect to the use of the Service, customer services and the Messages. Customer shall promptly inform MessageMedia if Customer becomes aware of any violation of the terms of this paragraph. The MessageMedia Service Level Agreement does not apply to social channel products. 1.3. Restrictions. Customer shall not use the Service or permit the Service to be used:
  • in a manner that violates any applicable law, regulation, industry guidelines or code of practice, or that violates, infringes or misappropriates the rights of any third party;
  • to transmit any Message or any electronic material (including viruses or other similar destructive computer programming routines) which causes, or is likely to cause, detriment or harm or damage to the MessageMedia Network or any computer systems or telecommunications equipment or mobile handsets owned by MessageMedia or any other person , or to facilitate the transmission or use of any code that would allow any third party to interfere with or access any Customer Data;
  • to send spam, “junk mail” or unsolicited advertising or promotional Messages or material, or to send or knowingly receive or use any Message or material which is obscene, offensive, abusive, harassing, misleading, fraudulent, unethical, indecent, defamatory, discriminatory, threatening, libelous, unlawful or menacing; or
  • to send any Messages that are of an urgent or sensitive nature or contain emergency information.
1.4. Inappropriate Use. Customer shall not: (a) remove any identification, patent, trademark, copyright or other notice from the Service or any part of it; (b) access, use, or copy any portion of the Service directly or indirectly to develop, promote or support any product or service that is competitive with the Service or any part of it; (c) disclose or publish performance or capacity statistics about the Service or any part of it; (d) perform any benchmark tests on the Service or its supply or any part of it; or (e) use the Service in connection with any activity that may result in tangible or intangible personal property damage, or death or serious body injury. 1.5. Acceptable Use. Customer shall not access any information or data provided or controlled by any other customer of MessageMedia or its suppliers and will abide by, and will not circumvent or otherwise disable, any security measures implemented in the Service. Customer shall immediately inform MessageMedia if any third party makes or threatens any claim or action against Customer, or MessageMedia, or any other party relating to any data, customer service or Messages. 1.6. Faults. Customer agrees to promptly fix any faults and/or bugs in Customer’s software that causes the Service to be accessed incorrectly, including, but not limited to, software that generates incorrect API calls to the Service.

2. Compliance

2.1. Requirements Customer shall promptly provide any information as MessageMedia may request relating to customer data or Customer’s use of the Service:
  • to determine Customer’s compliance with the Customer Contract, and
  • in response to any request made by any regulatory or governmental, legal or statutory body.
2.2. Responsibility. MessageMedia may, in its sole discretion, require Customer to take primary responsibility for any request or enquiry made under Section A2.1 above relating to any Customer Service, Message(s) or customer data or arising from Customer’s use of the Service or from an alleged or actual breach of the Agreement by Customer. Customer agrees, at its own cost, to accept full responsibility for any such request or enquiry including for any expenses, penalties, fines, sanctions or other analogous costs that may arise, and in relation to such request or enquiry, to provide all requested information to such regulator or Service Provider (with copies to MessageMedia) in a timely manner. 2.3. Survival. Sections A1.1, A1.2, A1.3, A1.4, A1.5, A2.2, A2.3, A2.4, A2.6, and A2.7 shall survive termination or expiration of the Customer Contract. 2.4. Indemnity. Customer will indemnify and, at MessageMedia’s election, defend MessageMedia, its Affiliates and subcontractors against:
  • any claims (including, but not limited to, any claims, fines, penalties, or losses ) or other liabilities brought against MessageMedia, its Affiliates and subcontractors by any third party (including, but not limited to, any other MessageMedia customer, Service Provider or governmental or regulatory authority) relating to customer data, customer services,, Messages or Customer’s use of the Service (including, but not limited to, any such claim which relates to infringement or misappropriation of any intellectual property rights of any third party or any breach or violation of laws or regulations, and any breach of Social Media Platform Terms); and
  • all damages finally awarded against MessageMedia, its Affiliates and subcontractors with respect to these claims.
2.5. Suspension. In addition to its rights under the Customer Terms, MessageMedia may without liability block or delete any customer data or Message(s) that MessageMedia determines, in its sole discretion, violates the terms of the Customer Contract. 2.6. Disclaimer. Customer agrees that, with respect to its supply of the Service, neither MessageMedia nor any MessageMedia supplier shall be liable whether in contract, tort, or strict liability to Customer or to any End User or any other customer of Customer for (i) any Messages deleted or not delivered regardless of the reason for deletion or non-delivery, including, without limitation, message processing errors, transmission errors, or messaging network and/or service failures; or (ii) the accuracy of information provided through the Service. 2.7. Compliance with Social Media Platform Provider’s Terms and Condition. Customer shall fully comply at all times with all terms and conditions imposed and required by a Social Media Platform Provider with respect to Customer’s use of such Social Media Platform Provider’s Social Media Platform (“Social Media Platform Terms“) and such compliance shall at all times be a condition of use by Customer of the Service. Customer is solely responsible for ascertaining Social Media Platform Terms and ensuring Customer’s full compliance with Social Media Platform Terms. MessageMedia shall have no obligations to Customer or any third party with respect to Customer’s ascertaining or compliance with Social Media Platform Terms. For information purposes only, set forth below are URLs for a sample of Social Media Platform Providers’ policies as published or updated by such Social Media Platform Providers. Customer acknowledges and agrees that it understands that the following URLs and such policies are subject to change at any time and from time to time based on the specific actions solely of the Social Media Platform Provider and that ascertaining the correct URL, and the Social Media Platform Terms, for a specific Social Media Platform Provider is solely the obligation of Customer: Upon agreement of a contract for use, the Social Media Platform Providers listed in the Application Form shall be available for Customer’s use in connection with the Service, provided however that Customer acknowledges and agrees that Social Media Platforms available for use in connection with the Service may change from time to time and that MessageMedia does not guarantee to Customer the availability of any Social Media Platform. MessageMedia will promptly notify Customer in writing (email permitted) of changes to the availability of a Social Media Platform listed in the Application Form of which MessageMedia becomes aware. Customer will promptly notify MessageMedia of any changes to Customer’s right to use a specific Social Media Platform of which Customer becomes aware or of any non-compliance by Customer with any Social Media Platform Terms. Customer further acknowledges and agrees that a Social Media Platform Provider may at any time impose on MessageMedia certain other terms and conditions with respect to the availability and use of such Social Media Platform Provider’s Social Media Platform (“Other SMP Terms”) in connection with the Service and that in such event MessageMedia shall have the right to impose on Customer such Other SMP Terms in the form of a written addendum to the Agreement, effective on the same date on which such Other SMP Terms are effective as to MessageMedia, and to be signed promptly by Customer, but in no event later than five (5) business days from the date on which MessageMedia communicates such addendum to Customer, as a condition to Customer’s use thereafter of such Social Media Platform. If Customer does not sign such addendum within the foregoing time frame MessageMedia shall have no obligation to provide, or continue to provide, the Service with respect to such Social Media Platform and may at any time in its own discretion suspend or terminate Customer’s use of such Social Media Platform.

Part B – Business Terms

1. Other Services Required.

As further stated in the Order Form or in the Documentation, the Service may require connection through a separate API and in such cases it cannot be used as a stand-alone product or service. In order for Customer to use the Service, Customer must separately enter in an agreement with MessageMedia for the right to use the other Services. Unless and until Customer has entered into an agreement with MessageMedia to obtain the right to use other Services, MessageMedia shall have no obligation to provide the Service, and MessageMedia shall not be liable for any failure to do so, and any Messages that Customer submits to the MessageMedia Network for transmission via the Service may be blocked or deleted by MessageMedia.

2. Third party use.

Customer shall not subcontract, sub-license, license, sell, lease, rent or otherwise make the Service available to third parties.

3. Customer Responsibilities

(a) Access and Connectivity
  • MessageMedia Network connection. Customer is solely responsible, at its own expense, for establishing and maintaining its equipment, software, facilities, and its connection to the MessageMedia Network and this obligation is a condition to Customer’s use of the Service.
  • Other Conditions to Customer’s Use of the Service. Subject to the Customer Contract, Customer must independently establish its physical and functional presence on each Social Media Platform as to which Message transmission is available from MessageMedia and as to which Customer desires to use the Service. Customer’s required actions in this regard include, but might not be limited to, depending on the specific nature and requirements of a Social Media Platform, (a) Customer’s establishment of a social media landing page on the Social Media Platform; (b) Customer’s creation of a Customer Messaging Application on the Social Media Platform; (c) Customer providing to MessageMedia the relevant credentials and technical interface information required to permit MessageMedia to establish a technical communication path with Customer’s Application so that MessageMedia can make available MessageMedia’s Webhook to Customer for Customer’s integration of such Webhook into the Customer Messaging Application; and (d) Customer’s integration of Webhook into the Customer Messaging Application so that the Customer Messaging Application may send Opt-In Information to the MessageMedia Network via such Webhook. MessageMedia may at its discretion offer onboarding services.
  • MessageMedia Dashboard. MessageMedia may, in its sole discretion, provide Customer with access to a MessageMedia world wide web interface (“MessageMedia Dashboard”) which access will enable Customer to obtain statistical reports detailing Service activity. Access to the MessageMedia Dashboard is provided to Customer for informational purposes only, and the data and information displayed are provided without warranties of any kind regarding completeness or accuracy. Customer agrees not to use or rely on such data and information in accounting for monies due between the parties or for billing purposes.
  • Traffic Forecasts. Customer shall provide to MessageMedia timely and accurate forecasts of proposed maximum Message volumes, including peak hour, monthly and quarterly volumes. If the actual Message traffic exceeds one hundred and twenty percent (120%) of the forecasted volume (“Burst”) MessageMedia may without any liability to Customer immediately suspend access to, and operation of, the Service. If Customer does not submit such forecasts MessageMedia may, at its sole discretion, determine the volume of Messages that constitutes a Burst.
(b) Commercial Messages. Customer shall not use the Service for mobile to mobile, peer to peer messaging purposes. Customer shall use the Service solely to promote or facilitate, directly or indirectly, the goods, services or image of Customer pursuing a commercial activity. (c) MessageMedia Webhook integrations and On-boarding. Subject to Customer’s full compliance with Section B2.1 above, MessageMedia shall provide to Customer Webhook via a URL provided by MessageMedia to Customer for the purpose of Customer integrating such Webhook into the Customer Messaging Application on the Social Media Platform. Webhook, as so integrated, will be used for the purpose of Customer transmitting Opt-In Information to the MessageMedia Network and for any other transmission between the Customer Messaging Application and the MessageMedia Network as may be available pursuant to, and in accordance with, the Documentation. MessageMedia will provide to Customer an on-boarding guide to assist Customer with Customer’s integration of Webhook into the Customer Messaging Application and other set-up requirements relating to transmission between the Customer Messaging Application and the MessageMedia Network via the Webhook in accordance with the Documentation.

4. Fees.

Customer shall be fully responsible for any fees imposed by any Social Media Platform Provider with respect to Customer’s use of such Social Media Platform Provider’s Social Media Platform. In the event any Social Media Platform Provider imposes any fees on MessageMedia with respect to Customer’s use of such Social Media Platform, MessageMedia shall have the right to charge Customer, and Customer shall pay, the amount of any such fee (including any additional fees), which shall be invoiced by MessageMedia to Customer. Glossary
  • “Customer Messaging Application” means a messaging application created or established by Customer on a Social Media Platform for purposes of communicating with End Users who are members of that Social Media Platform.
  • “Customer Service” means a marketing, advertising, promotional or informational program or initiative, or other project, conducted by Customer utilizing the Service.
  • “End User” means a person or entity that is a user and/or recipient of a Customer Service.
  • “Message” means a multimedia digital message containing Customer Data in a form for delivery via Internet Protocol (IP) or other technology, protocols or standards used to transmit digital content or information supplied by Customer to the MessageMedia Network for transmission as a personalized notification or mass notification.
  • “Service Provider” means any entity, including, but not limited to, MessageMedia suppliers and/or internet service providers that directly or indirectly are used in the supply of the Service which shall include, but not be limited to, Social Media Platform Providers.
  • “Social Media Platform” means a third party social media platform on which platform Customer is permitted to, and can, create a social media messaging application for the purpose of sending and receiving Messages to and from End Users on such platform.
  • “Social Media Platform Provider” means a third party provider of a Social Media Platform (for example, Facebook). For the purposes of this agreement, a Social Media Platform Provider shall also be a Service Provider.
  • “Social Channel ID” means the particular form of identification assigned by a Social Media Platform to an End User designating such End User with respect to such End User’s access to, presence on, and use of such Social Media Platform.
  • “Webhook” means the webhook provided by MessageMedia to Customer, and integrated by Customer into Customer’s Message Application in connection with the MessageMedia Service.

Calendar Automation

Message4U Pty Ltd trading as MessageMedia (“we”) or (“us”) and you are already parties to an SMS services agreement under which we provide you with specified messaging services (“Existing Agreement”). The following terms and conditions apply to the Calendar product you have chosen to purchase.

1. Calendar product

We have partnered with Cronofy Limited (“Cronofy”) to provide the calendar automation product (“Calendar”) to you. As part of purchasing the Calendar, you will be required to agree to Cronofy’s terms and conditions and privacy policy. Once you have agreed to Cronofy’s terms and conditions, you will be able to integrate a number of widely-used calendars, including Outlook.com, Outlook 365, Exchange, Google Calendar, and Apple Calendar into your MessageMedia Hub Account. The Calendar will sync across all other places you use the calendar, enabling you to manage appointments and send SMS reminders with reference to the Calendar.

2. Fees

Fees for the Calendar are as notified to you at the point of purchase. Please note that Calendar fees do not include the fees for SMS Messages in connection with your Calendar, such fees will be charged in accordance with your Existing Agreement.

3. Terms and conditions

You acknowledge and agree that:
  • (a) Except as otherwise set out in this Agreement and to the extent they are not inconsistent with these terms, the terms of your Existing Agreement with us apply to the Calendar.
  • (b) To enable integration of the Calendar you must agree to Cronofy’s terms and conditions and privacy policy. Our liability and responsibility for the Calendar is limited to matters set out in this Agreement.
  • (c) The SLA in your Existing Agreement does not apply to the Calendar. We do not warrant that the Calendar will be continuously available or will be error- free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality;
  • (d) Our Privacy Policy and clause 23 and Part D and E of your Existing Agreement will apply to the information which is contained in your Calendar. However, to integrate the Calendar to your Account you must also agree to Cronofy’s privacy policy and Cronofy will have access to information contained in your Calendar such as appointment messages and End User message responses. We are not liable for any damage, loss, expense, costs or liabilities whatsoever that you incur as a result of Cronofy’s action or inaction (as the case may be) in relation to Personal Information you give Cronofy in connection with the Calendar.
  • (e) We reserve the right to refuse anyone access to the Calendar or terminate anyone’s Calendar access at any time at our sole discretion without giving a reason. If we terminate your Calendar, we will give you a pro-rata refund for any upfront payment for service you have not received.
  • (f) You hereby grant us and Cronofy a non- exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable licence to use any Intellectual Property necessary for the operation of the Calendar.
  • (g) You acknowledge that Cronofy is the provider of, and responsible for the Calendar and that to the maximum extent permitted by law, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:
    • (i) use of, or inability to use, the Calendar;
    • (ii) access to, or inability to access, the Calendar; or
    • (iii) use of or reliance on any content displayed on or via the Calendar.
  • (h) You may cancel your Calendar, by providing us at least 30 days’ written notice (unless we have agreed such other time) by way of an email to support@messagemedia.com.au.

Lookup Services

What are MessageMedia’s Lookup Services?

Our ‘Lookup Service’ provides you access to our browser interface to lookup information relating to the phone numbers that you input into the interface. This information may include: the country of origin and type of phone number (mobile, landline or VOIP) (known as a ‘Type Lookup’). the reachability status for that service from the home location register (known as a ‘HLR Lookup’); and which carrier services the phone number (known as a ‘Carrier Lookup’) (collectively known as the ‘Lookup Data’)

Additional Terms Applicable to Lookup Services

By signing this Additional Service Request Form, you are requesting access to our Lookup Services and agreeing to the additional terms applicable to Lookup Services set out below. PLEASE BE AWARE THAT WE MAY TERMINATE YOUR ACCESS TO THE LOOKUP SERVICES AT ANY TIME. IN ADDITION, WE MAY VARY THE CHARGES PAYABLE IN CONNECTION WITH THE LOOKUP SERVICES BY GIVING YOU 14 DAYS’ NOTICE. YOU ARE ENTITLED TO TERMINATE THIS AGREEMENT IF YOU CONSIDER THAT THE PRICE VARIATION IS MATERIALLY DETRIMENTAL TO YOU. You acknowledge and agree that:
  • 1. Lookup Services are only available to customers with a current agreement with us;
  • 2. Lookup Services are a ‘Service’ for the purposes of your Customer Contract and unless stated otherwise below, the terms and conditions in the Customer Contract also apply to Lookup Services;
  • 3. Charges for Lookup Services differ depending upon what Lookup Data you request or use. As at the date of this Agreement, the charges for the Lookup Services are as notified to you at the point of Charges exclude third party access charges such as ISP or telecommunications incurred to access the Lookup Data;
  • 4. you will be charged per number looked up regardless of whether the number produces Lookup Data or whether it is useful to you. In some instances there may be no Lookup Data available from our third party supplier so the Lookup Service will produce no results;
  • 5. despite anything to the contrary in your Customer Contract, we reserve the right to change the Charges for Lookup Services at any time. You will be notified no less than 14 days’ in advance of any changes to the Charges and You may terminate this Agreement prior to these changes taking effect if you consider these will cause you a material detriment.
  • 6. the Lookup Data you request is supplied by a third party data provider. While we endeavour to ensure your lookups are provided promptly, we accept no liability for transmission delays or technical failures or unavailability of the API or platform. We do not warrant the delivery of every Lookup Data request, nor the accuracy, currency or the quality of the requested Lookup Data. You rely upon Lookup Data at your own risk;
  • 7. there is no Service Level Agreement applicable to Lookup Services;
  • 8. despite anything to the contrary in your Customer Contract, either party may terminate in part or entirety, the Lookup Services for any reason at its convenience, by giving the other party at least 14 days’ prior written notice. Termination of the Lookup Services does not affect the remainder of your Customer Contract and subject to its terms, the remainder of the Customer Contract continues to apply until expiry or termination.
  • 9. you will not reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Lookup Services platform, software or API, except as expressly authorised by us.
  • 10. in the event of any inconsistency between these terms and the Customer Contract relating to the provision of Lookup Services, the former shall prevail.

Managed Services

What are Managed Services?

The Services that you have purchased or are continuing to purchase under your Customer Contract (as defined in the MessageMedia Customer Terms) are designed to enable you to access and use them autonomously. We can assist you to use the Services as set out below for additional fees and on the basis of you agreeing the following terms. Provision of this assistance is known as a ‘Managed Service’ and incurs a fee as notified to you at the time of purchase. Please note that a fee for Managed Services does not include the fees for SMS/MMS/OTT Messages which are set out in your Customer Contract or fees for any other Additional Service Request (eg. Lookup Services). You may request one or more of the following Managed Services:
  • Formatting of supplied numbers in Data file to required E164 international standard
  • Investigation and report on the Content of message which details: percentage breakdown of GSM-7 and UCS2 characters, average length of SMS for the send, and where (Unicode) UCS2 characters are identified, a normalisation of the Content of message may be proposed to help minimise messaging costs for the send
  • Scheduling of send using details supplied in Customer-Supplied Materials (as defined below)
  • Send success report detailing percentage breakdown of:
    • Messages sent
    • Messages delivered
    • Un subscriptions
    • Messages unable to be delivered – Where messages were unable to be delivered, a Lookup will be performed against each entry to determine the reachability of the mobile service to help highlight inactive numbers
At the conclusion of your campaign, you will have access to a report that sets the status of your send (eg. whether messages were received or bounced). The types of Managed Services that we offer are set out above. Importantly, they do not include creating or changing the Content of your Messages or ensuring compliance with relevant Laws (including but not limited to the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth)) which are applicable to your use of the Service and Content of Messages. Compliance with relevant Laws is your responsibility.

What do I need to do?

Provide us with the following Customer-Supplied Materials via the method set out below:
  • Send Schedule Data which includes – the date and time of the send including timezone, the MessageMedia account and user from which the send is to occur, the total count of recipients (for file validation purposes), and the Content of the Message.
  • Send Configuration Data which includes – confirmation of the features that are to be used for the send which may include amongst other things, any of the following: social sending, character converter, familiar sender, dedicated number/short code and alpha tag.
  • Data File which includes no other data except a spreadsheet in an xls, xlsx or csv format that contains a header row with two columns with one column containing phone numbers for each unique recipient and the other column containing the Send Configuration Data and the Send Schedule Data for that phone number.
  • Method to provide Customer-Supplied Materials:
    • Send Schedule Data and Send Configuration Data must be sent to: services@messagemedia.com.au
    • The Data File must be sent via SFTP using the details below and then an email confirmation that the file has been uploaded, sent to: services@messagemedia.com.au
    • SFTP details:
      • Host: sftp.messagemedia.com.au
      • Port: 80
      • Username: to be supplied by SMS
      • Password: to be supplied by SMS

What do I need to know?

An indicative delivery schedule for Managed Services is set out below:
Activity Schedule
Customer supplies Send Schedule Data, Send Configuration Data and Data file Start
MessageMedia confirms receipt of files and information + 1 day from start
MessageMedia will provide you with a test message of your content +2 days from start
MessageMedia performs send As per Send Schedule Data
MessageMedia provides access to delivery receipt report +5 days from send
By signing this Additional Service Request Form, you are requesting us to provide you Managed Services on the terms and basis set out in this form. You acknowledge and agree that:
  • 11. Managed Services are only available to customers with a current agreement with us;
  • 12. Managed Services are a ‘Service’ for the purposes of your Customer Contract and unless stated otherwise below, the terms and conditions in the Customer Contract also apply to Managed Services;
  • 13. All Messages sent through Managed Services are sent on your behalf and under your instruction in accordance with the Send Schedule Data and Send Configuration Data file and any other instructions you provide. You acknowledge that you are responsible for ensuring that your use of the Service including the appropriateness of the send time, relevant consents to receive Messages and the Content of your Messages, are compliant with all relevant laws. You also acknowledge that we rely upon the Send Schedule Data, Send Configuration Data and Data file that you send us and are not responsible or liable for any errors or inaccuracies in this data;
  • 14. Managed Services is provided on a per campaign basis. You will need to sign a new Additional Services Form – Managed Services for individual campaigns;
  • 15. We reserve the right to not send a campaign if we become aware that your Message contains Restricted Content (as defined in your Customer Contract);
  • 16. If the volume of SMS/MMS/OTT required to meet your requested campaign exceeds the current limit on your account, we will increase your limit to enable the send of the campaign and you will be responsible for paying the cost of any additional SMS/MMS/OTT fees resulting from that increase in accordance with the pricing set out in your Customer Contract;
  • 17. there is no Service Level Agreement applicable to Managed Services;
  • 18. in the event of any inconsistency between these terms and the Customer Contract relating to the provision of Managed Services, the former shall prevail; and
  • 19. You may cancel your campaign prior to us sending it on your behalf, by providing us at least 48 hours written notice (unless we have agreed such other time) by way of an email to support@messagemedia.com.au. You acknowledge that if you choose to cancel a campaign, you still incur the fee set out above for Managed Services as we commence provision of the service upon receipt of the Data file. Cancellation of a campaign does not affect the remainder of your Customer Contract which will continue to operate.

Mobile Landing Page and Mobile Landing Page Services Terms and Conditions

Message4U Pty Ltd trading as MessageMedia (“we”) or (“us”) and you are already parties to an SMS services agreement under which we provide you with specified messaging services (“Existing Agreement”). The following terms and conditions apply to the Mobile Landing Page products (as applicable to your order).

1. Mobile landing page

What are Mobile landing pages?

A Mobile landing page (“MLP”) is a single web page which you create using your artwork, graphics, trademarks, logos, text (including text for the MLP headline, body and any fine print or additional language) and anything else you wish to include in the MLP (“Creative”) via our templates and tools and which End Users can access through a unique short trackable link (“STL“) in an SMS. MLPs are designed to be sent in bulk as “campaigns” which allow you to reach End Users with a specific message, offer or proposal (“Campaign”).

What is included in the MLP product?

As part of the MLP product, we will provide you with:
  • (a) the tools to design your own MLP;
  • (b) a hosting service for your MLP. We will continue to host your MLP for approximately two years or as otherwise required by Law; and
  • (c) a unique STL which is included in an SMS. The STL will direct End Users who click on their unique STL to the MLP. The STL may also generate a preview of the MLP within the SMS (“Link Preview”).
You will be able to send the SMS containing the STL to End Users as part of your Campaign in accordance with the Terms of your Existing Contract. Please note that if you include images in your MLP which are not our existing “stock” images, these images will need to be uploaded and hosted on a public server. We cannot guarantee that these images will be continuously available or accessible.

2. MLP Services

What are MLP Services?

If you purchase or are otherwise provided access to Mobile Landing Page Services (MLP Services) as an addition to your MLP product, we will prepare Creative you provide to us and create a MLP based on your instructions. We will provide you with a proof of the proposed MLP and you are entitled to one amendment to the proof, provided that any amendment request is made at least two Business Days prior to the date on which you anticipate sending the SMS which contains the STL (“Campaign Send Date”). We will then arrange the SMS with the STL to be sent on the Campaign Send Date. Please note that we will prepare your Creative within the constraints of the available templates. Any further changes are subject to review and may incur additional costs. Whilst we will endeavour to work with you to achieve your preferred MLP, not all MLP designs are possible and will depend on the content of your MLP and the templates that are available for the MLP product. As part of the MLP Services, we will provide you with data relating to the Campaign and End User behaviour including the End Users that click the STL. On request, we can also provide the time and date they clicked on the STL, IP address and user agent (“Campaign Data”).

What you need to do?

  • (a) At least 10 Business Days prior to the Campaign Send Date you must provide us with all required information in the required format in accordance with our MLP Services checklist (as we will provide to you), including the Creative.
  • (b) At least 2 Business Days prior to the Campaign send date, you must provide us with a contact list (names, mobile numbers and any personalisation data required in the SMS or MLP) of End Users who will receive the Campaign SMS and STL (“Recipient List”).
  • (c) At least 2 Business Days, provide us with the exact date and time of the send including timezone, the MessageMedia account and user from which the send is to occur, the Content of the SMS and the total count of End Users on the Recipient List (for file validation purposes).

3. Intellectual Property.

Notwithstanding the Intellectual Property Rights granted under your Existing Agreement, You hereby grant us and any third party provider we use a perpetual, limited, non-exclusive, royalty-free right to use your brand(s) and Intellectual Property and Creative to create the MLP, provide you the messaging activities and hosting services referred to above and otherwise for the purposes of providing you the MLP and/or the MLP Service product in accordance with these terms and conditions.

4. Fees

Fees for the MLP product and MLP Services are as notified to you at the time of purchase or as agreed with your account manager. Fees are in addition to the fees for SMS Messages in connection with your Campaign, such fees will be charged in accordance with your Existing Agreement

5. Terms and Conditions

The following terms and conditions apply to the Mobile Landing Page Services:
  • (a) You acknowledge and agree that we own Intellectual Property in the MLP Services (including any customised versions of them) and that any Intellectual Property rights in or connected belong to us. We hereby grant you a worldwide, royalty-free, revokable license to use the Link Preview, MLP and Campaign Data for the sole purpose of running Campaigns under this Agreement. We acknowledge that you own the intellectual property in the Creative you provide under this Agreement. You acknowledge and agree that you must only use the MLP and STL for the purpose of the Campaign, you are not authorised to use the MLP or derivatives thereof for any other purpose.
  • (b) You agree not to sell, decompile, deconstruct, reverse engineer or otherwise disassemble all or any portion of the Campaign Data. We do not warrant that the Campaign Data will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality.
  • (c) You acknowledge that not all mobile handsets have the ability to preview links in SMS and the ability of End Users to receive images in SMS is dependent on the handset that the End User is using. In addition, you acknowledge that the display of, or combination of images in the MLP is subject to software limitations and therefore not all content can be included in the Link Preview or MLP. For the avoidance of doubt, this will not affect the service and information we provide under STLs.
  • (d) You acknowledge that:
    • (i) All Messages sent and MLPs created for the purpose of MLP Services are done so on your behalf and under your instruction. You acknowledge that you are responsible for ensuring that your use of the Service including the appropriateness of the content of the MLP send time, relevant consents to receive Messages and the Content of your Messages, are compliant with all relevant Laws. You also acknowledge that we rely upon data and information that you send us and are not responsible or liable for any errors or inaccuracies in this data;
    • (ii) We reserve the right to not send a Campaign under the MLP Services if we become aware that your Message contains Restricted Content;
    • (iii) There is no service level agreement for MLP Services.
    • (iv) any capitalised terms in this Agreement contain the meaning set out in your Existing Agreement and that a message sent in accordance with this agreement is a ‘Message’ as defined under your Existing Agreement and the MLP Service is a “Service” under your Existing Agreement.
    • (v) The terms of your Existing Agreement with us apply to the MLP Services and your use of the MLP Services (to the extent not inconsistent with these terms and conditions).
    • (vi) Importantly, whilst our MLP Services involves us to compiling the MLP from your instructions under this Agreement, we do not create or change the Content of your Messages, Creative or ensure compliance with relevant Laws (including but not limited to the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth)). Compliance with relevant Laws is your responsibility.
    • (vii) You agree that your privacy policy includes, or you have otherwise obtained the consent of End Users for third party service providers (such as us) to collect and use information about End Users and create analytics in connection with End User use of services.
    • (viii) You may cancel your Campaign prior to us sending it on your behalf, by providing us at least 2 Business Days written notice (unless we have agreed such other time) by way of an email to support@messagemedia.com.au. You acknowledge that if you choose to cancel a Campaign, you still incur the fee set out above for MLP Services as we commence provision of the service upon receipt of the data file. Cancellation of a Campaign does not affect the remainder of your Existing Agreement which will continue to operate.

Design Services

Message4U Pty Ltd trading as MessageMedia (“we”) or (“us”) and you are already parties to an SMS services agreement under which we provide you with specified messaging services (“Existing Agreement”). The following terms and conditions apply to the design and creation of text and/or images used in an SMS and/or MMS and includes, without limitation, concepts, ideas, innovation and development work to further enhance the Messaging Services. Design Services may also include the management of the delivery or execution of a process or campaign on behalf of the Customer (Design Services) you have chosen to purchase.

  1. Quote and Specifications

Prior to providing any Design Services we will agree: (a) the specifications and requirements for the Design Services; and (b) total estimated cost of the Design Services.

  1. Deposit for Services

We may require you to pay a deposit for any Design Services that you have asked us to provide to you.

  1. Approval of Design Services

Where we undertake Design Services or any form of professional services, you must will not unreasonably withhold signoff and approval of the completed project, where we are able to reasonably demonstrate that we have met the agreed specifications or requirements.

  1. Customer Warranty

You warrant that all Content provided to us in relation to the provision of the Design Services is duly licensed or authorised and not in breach of any law, third party rights or trademarks. You further accept without limitation that any fees, royalties or other payments for use of Content are to be paid by you.

  1. Payment

Upon completion of the Design Services you agree to pay the total cost of the Design Services within 14 days of receipt of an invoice for such services.

iOS Mobile application license agreement

You accept and agree to be bound by the terms and conditions set out in these Mobile Application Terms (“App Terms”) by clicking accept, using, installing or accessing the Sinch MessageMedia Mobile Application (“App”).
  1. Acknowledgement & Use. You will use the App in accordance with these App Terms, our Customer Terms, Acceptable Use Policy, Privacy Policy and all applicable law. The Customer Terms apply to any use of the App and take priority to the extent of any inconsistency with these App Terms.
  2. License. We own all right, title and interest in the App. Subject to the terms and conditions of these App Terms, we grant you a limited, non-exclusive, non-transferable license to install and use an object code copy of the App on your mobile phone.
  3. Availability. You acknowledge that your use and availability of the App may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue features and/or support for the App, at any time.
  4. Feedback. You acknowledge that we may use any feedback, recommendations, suggestions or ideas you provide us about the App, without credit or compensation to you.
  5. Termination & Variation. You may terminate these App Terms at any time, by ceasing your use of the App. We may vary, suspend or terminate your use of the App and these App Terms at any time. Changes to these App Terms will be notified by posting a revised version on our website, in the App and/or on the relevant app store.
  6. Apple Terms. You acknowledge that Apple Inc. (“Apple”) is not responsible for the App or its content. Apple has no obligation to provide any maintenance and support services for the App. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund any purchase price for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the App and/or your possession and use of the App infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of these App Terms, and upon your acceptance of these App Terms, Apple will have be deemed to have accepted the right to enforce these App Terms against you as a third-party beneficiary of these App Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  7. We/Us: Message4U Pty Ltd (ABN 16 095 453 062) of Level 24, 367 Collins Street, Melbourne VIC 3000. You should direct questions, complaints or claims relating to the App to: https://messagemedia.com/contact/

Android Mobile application license agreement

You accept and agree to be bound by the terms and conditions set out in these Mobile Application Terms (“App Terms”) by clicking accept, using, installing or accessing the Sinch MessageMedia Mobile Application (“App”).
  1. Acknowledgement & Use. You will use the App in accordance with these App Terms, our Customer Terms, Acceptable Use Policy, Privacy Policy and all applicable law.   The Customer Terms apply to any use of the App and take priority to the extent of any inconsistency with these App Terms.
  2. License. We own all right, title and interest in the App.  Subject to the terms and conditions of these App Terms, we grant you a limited, non-exclusive, non-transferable license to install and use an object code copy of the App on your mobile phone.
  3. Availability.  You acknowledge that your use and availability of the App may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue features and/or support for the App, at any time.
  4. Feedback.  You acknowledge that we may use any feedback, recommendations, suggestions or ideas you provide us about the App, without credit or compensation to you.
  5. Termination & Variation. You may terminate these App Terms at any time, by ceasing your use of the App.  We may vary, suspend or terminate your use of the App and these App Terms at any time.  Changes to these App Terms will be notified by posting a revised version on our website, in the App and/or on the relevant app store.
  6. We/Us: Message4U Pty Ltd (ABN 16 095 453 062) of Level 24, 367 Collins Street, Melbourne VIC 3000. You should direct questions, complaints or claims relating to the App to: https://messagemedia.com/contact/.

End-User License Agreement (“Agreement”)

Last updated: November 2023 

Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using the Sinch MessageMedia SMS for Zoho CRM (Smooth Messenger) Extension.  

  1. Acknowledgment 
  1. By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, you must not download, install, copy, access or use the Application. 
  2. This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company. 
  3. The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement. 

  1. License 
  1. The Company grants You, a revocable, a non-exclusive, a non-transferable, and a limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.  
  2. You agree to comply with  Sinch MessageMedia’s Terms of Service.   
  3. Zoho is not a party to this Agreement. 
  4. Effective from 1 February 2023, the Application does not support Twilio, except by express written agreement to the contrary.   

  1. License Restrictions 

You agree not to, and You will not permit others to: 

  1. License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party. 
  2. Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application. 
  3. Create or recreate the source code of the Application. 
  4. Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application. 
  5. Remove, erase, obscure or tamper with any copyright or any other product identification or proprietary rights notices, seal or instructional label printed or stamped on, affixed to, or encoded or recorded on the Application. 
  6. Publish any performance or benchmark tests or analysis relating to the Software except with the permission of the Company.   

  1. Intellectual Property 
  1. The Application including its source code and object code is the exclusive property of the Company. The Company (and its licensors) exclusively own and reserves all rights, title and interest in the Application, including all Intellectual Property Rights as well as any Derivative Works.    
  2. You will not exercise any right, title and interest in the Application except for the limited usage rights granted to You by this Agreement.  
  3. This Agreement is not an agreement of sale, and does not transfer any title, Intellectual Property Rights or ownership rights in the Application to You.  
  4. The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extend the Company is required to provide indemnification by applicable law, the Company shall be solely responsible for the investigation, defence, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights. 

  1. Payments  
  1. You agree to pay all fees and charges in accordance with the terms of Your Contract with the Company.  
  2. You must pay for all third party charges connected with Your use of the Application, including SMS fees incurred via your Sinch MessageMedia account. Under no circumstance will the Company be held liable to pay for the SMS on behalf of the users.

  1. Modifications and Updates to the Application 
  1. The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications. 
  2. Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You. 
  3. The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You. 

  1. Third-Party Services 
  1. The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services. 
  2. You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services. 
  3. You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions. 
  4. You cannot upload files for any illegal, harmful, fraudulent, offensive purpose or transmit, store, display, distribute or otherwise make available content that is infringing upon any third party rights, illegal, harmful, supportive of or promoting violence or violent extremism, advocating hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment, indecent, obscene, defamatory, libelous, harassing, threatening, fraudulent, offensive, enables online gambling or inconsistent with the generally accepted practices of the Internet community, including without limitation promoting or facilitating pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, spamming, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming, and use of content or technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms or time bombs. 

  1. Term, Termination and Suspension 
  1. The Term of this Agreement will commence on the date when You download the Application and shall remain in effect until terminated by You or the Company.  
  2. The Company may suspend Your service at any time upon Your breach of this Agreement or in circumstances that the Company deems necessary to comply with applicable law, standards or community expectations.  
  3. Either party may terminate this Agreement upon material breach this Agreement by the other party where such breached was not cured within thirty (30) days of receiving the non-breaching party’s notice of the breach.  
  4. This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any material provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer. 
  5. Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device. 
  6. Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement. 

  1. No Warranties 
  1. The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. 
  2. Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components. 
  3. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty. 

  1. Limitation of Liability and Indemnity 
  1. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application. 
  2. To the maximum extent permitted by applicable law, in no event shall either party be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. 
  3. You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party. 

  1. Severability and Waiver 
  1. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 
  2. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach. 

  1. Confidentiality  

Each party acknowledges that it may have access to Confidential Information of the other party in connection with this Agreement, and that each party’s Confidential Information is of substantial value to the Disclosing Party, which could be impaired if it were improperly disclosed to third parties or used in violation of this Agreement.  

  1. Privacy 
  1. If a party is provided with, or has access to, Personal Information in connection with the Services, it must comply with the Privacy Act and any other applicable law in respect of that Personal Information, whether or not it is an organisation bound to comply with the provisions of the Privacy Act. Details of our Privacy Policy can be found on our website. 
  2. You acknowledge and agree that where you authorise or require us to collect or otherwise deal with Personal Information in your name or on your behalf in connection with providing the Services, that we do so as your agent. 

  1. Changes to this Agreement 
  1. The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect.
  2. By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms.  
  3. The Company may assign or novate all or part of our rights and obligations under your Contract without your consent. You cannot assign or novate all or part of your rights and obligations under your Contract unless we agree in writing. 

  1.  Governing Law & Jurisdiction  

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia without regard to its conflict of law provisions. 

  1. Waiver  

A party’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.  

  1. Definitions and Interpretation 

For the purposes of this End-User License Agreement: 

  1. Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application. 
  2. Application means the Sinch MessageMedia SMS for Zoho CRM extension available from the Zoho Marketplace. 
  3. Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Message4U Pty Ltd.    
  4. Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content. 
  5. Device means any device that can access the Application such as a computer, a  mobile phone or a digital tablet. 
  6. Privacy Act means the Privacy Act 1988 (Cth).   
  7. Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application. 
  8. You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable. 

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. 

Contact Us 

If you have any questions about this Agreement, You can contact Us: 

By email: smsforzohosupport@messagemedia.com 

RCS for Sinch MessageMedia

These RCS Services terms form part of your Customer Contract and apply to your use of the RCS Services. These RCS Services terms will prevail to the extent of any inconsistency with the balance of your Customer Contract.  Capitalised terms not defined below shall have the meanings ascribed to them in your Customer Contract.

  1. Definitions

Basic RCS means a type of RCS message with text only, and comprising up to 160 characters of UTF-8 in length

RCS means Rich Communication Services, being a messaging protocol for delivering richer messaging services.

RCS Agent means a programmatic entity that sends messages to users on behalf of a brand.

RCS Services means the provision of RCS to you for use by your business or commercial activities including re-routing the sending and delivery of SMS as Basic RCS messages to destinations where we support RCS while using the existing network connection for SMS.

  1. RCS Services

In consideration of payment of the Charges, we agree to make RCS Services available to you to use in accordance with the terms set out herein.  In the event that RCS routing is not available, or the SMS cannot be sent as RCS for any reason, we have the absolute discretion and right to re-route the sending and delivery of the message as SMS. The re-routing will be adjusted in order for the SMS to be delivered to the end-users based on the relevant RCS Agent registered through us or our affiliates.

  1. RCS Agent

An RCS Agent must be registered, and you hereby authorize us or our affiliates to complete the relevant registration for and on behalf of you. You shall complete any relevant RCS Agent registration process that we require, and you will provide any additional information to us that is reasonably required to complete the registration process. You warrant that any information you provide to us is complete, true and accurate and you are authorised to provide such information to us. You acknowledge that the registration process for RCS Agents is reliant upon Providers and their acceptance criteria which is defined by their particular registration processes (which varies amongst Providers) and we are in no way liable should any Provider reject your registration of any RCS Agent.

  1. Third Party Terms

You acknowledge and agree that the provision and use of the RCS Services is conditional upon your acceptance of and strict compliance with all Provider Requirements, including the third party terms set out below (as amended or replaced from time to time, including any policies or directors incorporated therein):

  1. (Google) terms of service that govern the use of RBM (RCS Business Messaging) as currently set out at the following URLs:
    1. http://developers.google.com/business-communications/rcs-business-messaging/carriers/tos
    2. https://developers.google.com/business-communications/rcs-business-messaging/support/tos;

You acknowledge you have read and understood these terms and shall periodically check the terms and policies to be fully aware and fully comply with their conditions, rights, and obligations.

  1. Reliance on Providers

You acknowledge and agree that the RCS Services are reliant upon certain Providers and handset capability to achieve technical integration and inter-operation with our systems required to facilitate the RCS Services, and as such you acknowledge that this is outside of our control, and we are not liable in any way for any such technical integration limitations or interoperability failures.

  1. Sender ID and Account

You further acknowledge and agree that:

  1. to be able to use the RCS Services you are required to have an Account with us and be able to send SMS via that Account; and
  2. in some cases, RCS Services are only available for a dedicated long code, short code or Sender ID registered with us by you as unique and dedicated for your exclusive use, excluding any Sender ID shared by multiple customers or end users for SMS traffic.
  1. Calculation of Charges for RCS

Charges for messages sent as RCS will be determined by us with reference to the relevant regional requirements and Provider requirements, based on the number and type of RCS you send, typically calculated in accordance with the following framework (however, we reserve the right to pass any Third Party Charges on to you):  

  1. Basic RCS – A Charge for a plain text message of up to 160 UTF-8 characters.
  2. Single RCS – A Charge for a single message containing rich content (such as a message containing a rich card or carousel).
  3. Conversational RCS- A Charge for a conversation that consists of multiple A2P and P2A messages within a given time period.

Where an RCS is sent to multiple end users, each one is counted separately. 

  1. Customer Warranties
  1. You agree that we may recover from you any charge, fine, penalty or debit a network operator or service provider levies against us as a result of an alleged violation of the requirements of our Acceptable Use Policy available at www.messagemedia.com/legal/acceptable-use-policy/.
  2. You represent and warrant that you shall comply with all applicable laws and regulations in relation to the transmission of content, and in particular but without limitation you shall comply with all applicable data protection and privacy laws.
  3. You agree to provide any governmental body or us with such information or material relating to the RCS Services as reasonably requested in order to carry out any investigation in connection with the RCS Services.
  4. In no event will we be liable for any damages under this Customer Contract including, without limitation, any lost revenue, lost profits, or indirect, incidental, consequential, special, punitive or exemplary damages.

THE RCS SERVICES ARE PROVIDED “AS IS”. WE MAKE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, SATISFACTORY QUALITY OR ACCURACY WITH RESPECT TO THE RCS SERVICES.

  1. Trial

You agree that the RCS Services may be provided on a trial basis and may be subject to change without notice. We will endeavour to provide reasonable notice where possible.

  1. Ownership

You retain all rights and ownership in the content of your RCS and we do not claim any ownership rights in such content. Except for rights expressly granted herein, no implied licenses are granted by us, and we hereby reserve all rights not so granted. You acknowledge that we retain all sole and exclusive ownership of all right, title and interest in and to the RCS Services and our Confidential Information, including all Intellectual Property Rights thereto, and at no time will you dispute or contest our exclusive ownership rights in any of the foregoing. If you provide any feedback relating to the RCS Services, we will own such feedback and may use and modify the feedback without any restriction or payment to you.

  1. Data Protection
  1. You understand that the RCS Services are still in development and therefore may not fulfil all requirements set by applicable data protection and privacy laws globally and may only be able to be used within a specific region that has been specified by us.  You acknowledge and agree to the terms set out in our Data Protection Agreement (“DPA”) and it can be found under https://messagemedia.com/legal/data-protection-agreement/. You understand and agree that the technical and organizational measures as mentioned within the DPA may not be fully implemented but will be implemented upon full general availability.
  2. You: (i) grant us (including its affiliates and sub-contractors) a non-exclusive, worldwide right to use, modify, adapt and process your data to analyse, develop, test, and operate, provide and support the RCS Services and/or any of products of us and our affiliates; and (ii) acknowledge that neither us, our affiliates, nor our respective suppliers exercise any control over your data, and act as a mere or passive conduit in transmitting and handling your data.
  3. You warrant, represents and undertake to us that you have and will maintain all necessary rights, licenses and consents to provide us with any data for the purposes described in this section. We may require that you provide proof of these whenever necessary and in accordance with the terms of our Customer Contract.
  4. You acknowledge, permit and accept that we may retain, store, use and disclose data solely in order, and to the extent necessary, to provide and improve the RCS Services and to satisfy applicable legal, accounting or regulatory requirements. We will establish processes to ensure compliance with applicable laws.
  5. You acknowledge, permit and accept that we may process your contact and contract data for the purposes of customer relationship management and development and that this information may be shared with our affiliates for the purposes as described.
  6. You will collect and maintain all Personal Information necessary to utilise the RCS Services, and all required consents associated with such Personal Information, in compliance with applicable Data Protection Legislation.
  7. You acknowledge and agree that the RCS Services are provided by Sinch Conversation API. The sub-processors for Sinch Conversation API are listed here: https://www.sinch.com/data-protection-agreement/sub-processors/.
Customer Terms International Sending Policy Sub Processors Data Protection Agreement Supplier Code of Conduct MessageMedia Security Statement MessageMedia Whistleblower Policy Products Terms and Conditions Acceptable Use Policy Privacy Policy Short Code Programs SLA and Technical Support