Reseller and Add-on Product Terms and Conditions

1. Mobile landing page

What are Mobile landing pages?

A Mobile landing page (“MLP”) is a single web page which Customers create using Customer’s artwork, graphics, trademarks, logos, text (including text for the MLP headline, body and any fine print or additional language) and anything else Customer wishes to include in the MLP (“Creative”) via SINCH 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 allows Customer 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, SINCH will provide Customer with:

• (a) the tools to design a MLP;
• (b) a hosting service for Customer’s MLP. SINCH will continue to host Customer’s 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”).

Customer will be able to send the SMS containing the STL to End Users as part of your Campaign in accordance with the Terms of the Agreement. Please note that if Customer includes images in a MLP which are not SINCH’s existing “stock” images, these images will need to be uploaded and hosted on a public server. SINCH cannot guarantee that these images will be continuously available or accessible.

2. MLP Services

What are MLP Services?

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

Customer obligations

• (a) At least 10 Business Days prior to the Campaign Send Date Customer must provide SINCH with all required information in the required format in accordance with SINCH’s MLP Services checklist (as we will provide to you), including the Creative.
• (b) At least 2 Business Days prior to the Campaign send date, Customer must provide SINCH 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 SINCH with the exact date and time of the send including timezone, the SINCH 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 Customer’s Agreement, Customer hereby grants SINCH and any third party provider SINCH uses a perpetual, limited, non-exclusive, royalty-free right to use Customer’s brand(s) and Intellectual Property and Creative to create the MLP, provide Customer the messaging activities and hosting services referred to above and otherwise for the purposes of providing Customer the MLP and/or the MLP Service product in accordance with this Supplemental.

4. Fees

Fees for the MLP product and MLP Services are as notified to Customer at the time of purchase or as agreed with Customer’s 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) Customer acknowledges and agrees that SINCH owns Intellectual Property in the MLP Services (including any customised versions of them) and that any Intellectual Property rights in or connected belong to SINCH. SINCH hereby grants Customer a worldwide, royalty- free, revokable license to use the Link Preview, MLP and Campaign Data for the sole purpose of running Campaigns under the Agreement. SINCH acknowledges that Customer owns the intellectual property in the Creative Customer provides under this Agreement. Customer acknowledges and agrees that Customer must only use the MLP and STL for the purpose of the Campaign, Customer is not authorised to use the MLP or derivatives thereof for any other purpose.
• (b) Customer agrees not to sell, decompile, deconstruct, reverse engineer or otherwise disassemble all or any portion of the Campaign Data. SINCH does not warrant that the Campaign Data will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality.
• (c) Customer acknowledges 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, Customer acknowledges 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) Customer acknowledges that:
  • (i) All Messages sent and MLPs created for the purpose of MLP Services are done so on Customer’s behalf and under your instruction. Customer acknowledges that Customer is responsible for ensuring that Customers use of the Service including the appropriateness of the content of the MLP send time, relevant consents to receive Messages and the Content of Customer Messages, are compliant with all relevant Laws. Customer also acknowledges that SINCH relies upon data and information that Customer sends SINCH and is not responsible or liable for any errors or inaccuracies in this data;
  • (ii) SINCH reserves the right to not send a Campaign under the MLP Services if SINCH becomes aware that Customers’ Message contains Restricted Content;
  • (iii) There is no service level agreement for MLP Services.
  • (iv) any capitalised terms in this Supplemental contain the meaning ascribed in the Agreement or other supplementals (as may be applicable) and that a message sent in accordance with this agreement is a ‘Message’ as defined under the SINCH Messaging Supplemental and the MLP Service is a “Service” under your Existing Agreement.
  • (v) Customer agrees that its privacy policy includes, or Customer has otherwise obtained the consent of End Users for third party service providers (such as SINCH) to collect and use information about End Users and create analytics in connection with End User use of services.
  • (vi) Customer may cancel its Campaign prior to SINCH sending it, by providing us at least 2 Business Days written notice (unless SINCH has agreed to a shorter timeframe). Customer acknowledges that if Customer chooses to cancel a Campaign, Customer will 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 the Agreement which will continue to operate.

iOS Mobile application license agreement Customer accepts and agrees 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”).

• Acknowledgement & Use. Customer will use the App in accordance with the Agreement and all applicable law. The Customer Agreement applies to any use of the App and take priority to the extent of any inconsistency with these App Terms.
• License. SINCH owns all right, title and interest in the App. Subject to the terms and conditions of these App Terms, SINCH grants Customer a limited, non-exclusive, non-transferable license to install and use an object code copy of the App on Customer’s mobile phone.
• Availability. Customer acknowledges that its use and availability of the App may be interrupted, including for maintenance, upgrades, or network or equipment failures. SINCH may discontinue features and/or support for the App, at any time.
• Feedback. Customer acknowledges that SINCH may use any feedback, recommendations, suggestions or ideas Customer provides SINCH about the App, without credit or compensation to Customer.
• Termination & Variation. Customer may terminate these App Terms at any time, by ceasing use of the App. SINCH may vary, suspend or terminate Customer’s 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.
• Apple Terms. Customer acknowledges 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, Customer may notify Apple and Apple will refund any purchase price for the App to Customer. 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 Customer or any third party relating to the App or Customer’s 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. Customer agrees 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 Customers acceptance of these App Terms, Apple will have be deemed to have accepted the right to enforce these App Terms against Customer as a third-party beneficiary of these App Terms. Customer hereby represents and warrants that: (i) Customer is 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.
• 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 Customer accepts and agrees 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”).

• Acknowledgement & Use. Customer will use the App in accordance with these App Terms, and the Agreement. The Agreement will apply to any use of the App and take priority to the extent of any inconsistency with these App Terms.
• License. SINCH owns all right, title and interest in the App. Subject to the terms and conditions of these App Terms, SINCH grants Customer a limited, non-exclusive, non-transferable license to install and use an object code copy of the App on your mobile phone.
• Availability. Customer acknowledges that its use and availability of the App may be interrupted, including for maintenance, upgrades, or network or equipment failures. SINCH may discontinue features and/or support for the App, at any time.
• Feedback. Customer acknowledges that SINCH may use any feedback, recommendations, suggestions or ideas Customer provides SINCH about the App, without credit or compensation to Customer.
• Termination & Variation. Customer may terminate these App Terms at any time, by ceasing use of the App.  Customer may vary, suspend or terminate 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.
• 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/.