Additional Terms for Certain Services

Certain additional services are subject to special terms in addition to the General Terms and Conditions of Use. By using these additional services you agree that you are bound by the relevant Additional Terms in addition to the General Terms and Conditions of Use. The Additional Terms are hereby incorporated by reference into our General Terms and Conditions of Use. They are:

SMS Outbound

Customer will be charged for all messages submitted to the tyntec platform, irrespective of delivery status.

SMS 2-Way

Depending on availability the 2-way communication will be established by using one or multiple numbers or keywords (“Sender IDs”) provided to Customer.

Customer will be charged for all messages submitted to the tyntec platform, irrespective of delivery status. Where fees for incoming messages apply Customer will be charged for all such incoming messages submitted to the Customer platform, irrespective of delivery status. Incoming messages are free unless specified otherwise.

tyntec provides new sender IDs upon Customer’s written request.

Sender IDs provided to Customer in the context of this Service will be listed in the business information overview (“BIO”) or any similar document made available to Customer via the tyntec Platform or by e-mail.

Any usage of Sender IDs requires the prior approval of the relevant use case by tyntec. The use case submitted by Customer to tyntec must contain an adequate details.

Customer will lease each sender ID from tyntec for a minimum period of 3 (three) months.  After the end of the initial three-month term, the agreement to provide the Service will automatically renew on a month-to-month basis unless terminated by either Customer or tyntec by giving thirty (30) days’ written notice in advance.

If sender IDs include short codes, Customer is only allowed to send messages to end-users which are subscribers to the networks operating in the country where the short code is registered.

Customer will terminate all messaging traffic using Sender IDs provided in the context of this Service exclusively via the tyntec platform.

Mobile Chat API

The charging mechanism might differ from one messaging app to another. Please refer to the price overview on the website for details.

With respect to messages sent to Viber Customer will be charged for all messages delivered to Viber users.

Mobile Chat API provides an optional SMS fallback mechanism which Customer may or may not decide to use. The enabling / disabling procedures are described in the API documentation at https://docs.tyntec.com/.

When the SMS fallback is used the message is first submitted to one or more messaging apps, depending on which messaging apps are available for the respective destination country. If the message cannot be delivered to any of these messaging apps, for example because the recipient is not a registered user on any of the respective apps, then the message is sent and charged as an SMS.

Viber

These special terms and conditions (“Viber T&Cs”) relate to the use of Viber Service Messages, a service enabling message delivery through the Viber app to Viber users who have opted in to receive such messages. These Viber T&Cs prevail over other terms and conditions in the Agreement in the event of conflict.

  1. Customer undertakes to provide the Service to its users only on terms substantially similar to, and no less stringent than, these Viber T&Cs.
  2. Customer will not knowingly use the Service in any manner which contravenes the Viber terms and policies available at http://www.viber.com/en/terms (“Viber Policies”).
  3. Customer undertakes that it will only send messages to the mobile subscribers who consented to receive such messages by opting in or actively registering with Customer for the receipt of such messages. Customer will preserve opt-in data and will present such data upon request to tyntec.
  4. Customer will ensure that content used in the messages will at all times comply with the following terms and is not in violation of any applicable laws or regulations. tyntec  may remove any or all content if it deems that such content is unauthorized or illegal or violates the terms below or any of the Viber Policies, and Customer will not use any of the following:
    1. Content which infringes or violates any rights, including any intellectual property rights of a third party;
    2. Content which is or may considered to be abusive, discriminating, harassing, including harassment or discrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, and mental disability, medical condition including genetic characteristics, marital status, sex, age, sexual orientation, veteran status, or any other characteristics protected by law;
    3. Content which is illegal by any applicable laws or regulations;
    4. Content that contains or transmits viruses, worms, defects, Trojan horses, or any malicious code; and/or
    5. Content that falsely expresses or implies that such content is sponsored or endorsed by tyntec or Viber.
  5. Customer acknowledges and agrees that tyntec has no control over the content which passes through the use of the Service and that tyntec does not examine the use of such content or the nature or the sources of the content. Customer will be solely liable for such content. tyntec will not be liable for the content or any other material transmitted by Customer or anyone else using the Service, including but not limited to, mobile subscribers.
  6. Customer will not send unsolicited traffic or knowingly transfer messages that can be classified as SPAM to the tyntec or the Viber platform. Customer shall ensure that Customer’s agreements with its users contain clauses that prohibit the sending of unsolicited traffic. Customer will use reasonable efforts to prevent unsolicited traffic from reaching the tyntec platform.
    1. tyntec and Viber shall have the right to block Customer from sending messages immediately upon violation of this provision.
    2. tyntec and Viber shall have the right to refuse sending messages from a specific entity or to a specific destination or territory at tyntec’s and Viber's sole discretion.
  7. Should unsolicited traffic nonetheless be sent by Customer or any of Customer’s users to the tyntec or the Viber platform, the following actions will be taken: (i) the Party finding that unsolicited traffic has been sent will use reasonable efforts to immediately contact the other Party informing that unsolicited traffic has been sent; (ii) the Parties will immediately initiate reasonable efforts to work in good faith and exchange information (with timestamp, content, destination number, Message IDs and originator) in order to determine the source of the unsolicited traffic as soon as possible after the incident; (iii) Customer will immediately suspend the connection with Customer’s user from whom the unsolicited traffic originated and will agree together with tyntec whether the suspension can be lifted once Customer’s user remedies the issue or if the connection should be terminated; and (iv) following such efforts, and if the unsolicited traffic continues to be sent, tyntec may terminate this Agreement immediately without further liability.
  8. In addition to any other remedies that tyntec may have, tyntec will have the right to immediately suspend all or any part of the Service if tyntec  has reason to suspect fraudulent, unlawful or unauthorized use of the Service by Customer or Customer's users until such prohibited conduct has ceased.
  9. Customer represents and warrants that it (i) will perform all of its obligations under this Agreement; (ii) will adhere to these Viber T&Cs; and (iii) will comply with tyntec’s  directions.
  10. Customer represents and warrants that any entity to which it provides messages has affirmatively opted in to receive the messages.
  11. Customer will: (i) conduct its business in a way that will reflect favorably on tyntec and the services; and (ii) not partake in any illegal, or morally or ethically questionable business practices
  12. Customer will not: (i) make any unlawful contribution, gift, entertainment or other unlawful expense relating to political activity, (ii) make any direct or indirect unlawful payment to any foreign or domestic government official or employee; (iii) be, or cause tyntec or any of its affiliates to be, in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, legislation enacting the Organization for Economic Co-operation and Development's Convention on Combating Bribery of Foreign Officials in International Business Transactions or other national or local law regulating payments to government officials or employees; or (iv) make any other unlawful payments, whether in the form of a bribe, rebate, payoff, influence payment, kickback or otherwise to a customer or any third party
  13. Customer agrees that tyntec will have the right to set limits at any time with respect to message delivery, including, but not limited to, the number of messages sent to an individual user in a particular time period or the total number of messages sent in a particular time period.
  14. Customer will indemnify, defend and hold harmless tyntec  and its parents, subsidiaries, affiliated companies, and their respective officers, directors, employees and agents (“tyntec's Indemnified Parties”) from and against any and all claims, demands, actions, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) an alleged infringement of third-party intellectual property or other third-party rights regarding use of the Service;  (ii) Customer’s breach of any of its warranties or representations under the Agreement or any Service Addendum ; or (iii) any injuries or damage to person or property due to Customer’s gross negligence or willful misconduct (collectively, the “Indemnified Claims”) provided that (a) tyntec immediately notifies Customer of the existence of such claim together with all relevant details; (b) tyntec cooperates in all respects with Customer, as long as it does not conflicts with tyntec's interests, in the defense against such claim; and (c)  tyntec will not enter into any separate negotiations, settlements proceedings and similar with respect to such claim without advising Customer on such negotiations. tyntec will have the right to select legal counsel to defend any Indemnified Claims, and Customer will be solely responsible for reasonable legal fees and costs arising out of such defense.  In no event will Customer settle or compromise any Indemnified Claims without the prior written consent of tyntec in each instance.
  15. Except for Customer’s infringement of third-party intellectual property or other third-party rights, breach of its representations and warranties, breach of its indemnification obligations, unauthorized disclosure or misuse of Confidential Information,  misconduct or gross negligence (“Special Claims”), neither Party will be liable for any indirect, incidental, consequential, exemplary, special or punitive damages incurred by the other party, including without limitation any loss of profit, revenue or income, loss or use of data, or interruption of business, however arising and whether an action in contract, tort, negligence or any other theory of liability, even if a Party has been advised of the possibility of such damages.  With the exception of damages for Special Claims, either Party's aggregate liability under this Agreement, however arising and whether an action in contract, tort, negligence or any other theory of liability, will be limited to the higher of the total amount invoiced by Customer to tyntec in the 12 months preceding such claim or one hundred and fifty thousand Euros (€150,000). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Interactive Text

tyntec enables and activates new Numbers once per week and will notify Customer when the activation process is successfully completed. Numbers activated under this Service will be listed in the Business Information Overview (“BIO”) document made available to Customer via the tyntec Platform or e-mail.  tyntec must approve the use case, including a description provided by Customer, before a Number can become active. In addition, Customer must provide a Letter of Authorization (“LOA”) and upon request proof of ownership for the Number enabled under this Service. Customer will exclusively terminate all messaging traffic utilizing the Number enabled under this Service via the tyntec Platform. tyntec reserves the right to immediately terminate Service if tyntec believes that Customer has terminated messaging traffic utilizing the Number enabled under this Service via other channels than the tyntec Platform.

Lawful Interception and Data Retention Conditions: In order to fulfil the requirements of applicable data protection laws and laws governing lawful interception, Customer will cooperate with tyntec and all competent authorities by satisfying all relevant data requests. Further Customer guarantees that the SMS enablement of the respective numbers is in full compliance with any applicable legal obligations.

Letter of Authorization: As an exception from the confidentiality requirements of the Main Body tyntec may disclose the existence and subject-matter of the Agreement between tyntec and Customer in a Letter of Authorization in the form provided by tyntec to those of its partners with a need to know in order to enable tyntec to fulfil its obligations under the Agreement.

Global Number Portability

For each query submitted to the tyntec platform which can be successfully resolved by tyntec, tyntec will return to Customer one or more identifiers, such as the Mobile Country Code / Mobile Network Code (MCC/MNC) or a tyntec Operator ID (TTID), which Customer can use to determine the mobile or landline carrier to which the phone number belongs at the time of the query.

Customer will be charged for all queries submitted to the tyntec platform, irrespective of the content of the response.

Global Number Verification

For each query submitted to the tyntec platform which can be successfully resolved by tyntec, tyntec will return to Customer one or more identifiers which Customer can use to determine a variety of  information relating to the phone number. Such information may relate to one or more of the following: number portability, number range, location, phone status, roaming status and number validation. The content of a query response will depend on the type of information tyntec is able to retrieve from the data sources at its disposal. As a consequence, a query response may contain all, a part or none of the information above.

Customer will be charged for all queries submitted to the tyntec platform, irrespective of the content of the response.

Voice Outbound

Interconnection is achieved between Customer’s network and the tyntec platform via the public IP network unless agreed between the Parties.

Emergency calling services, national directory services, national special and premium rate services are not supported.

All voice calls will be charged for in increments of 1 second unless specifically stated otherwise.

Voice Inbound

Customer’s network and tyntec platform interconnect via the public IP network unless agreed otherwise between the Parties.

Emergency call services, national directory services, national special and premium rate services are not supported.

All voice calls will be charged for in increments of 1 second unless specifically stated otherwise.

tyntec provides new Virtual Numbers upon Customer’s written request.

Virtual Numbers provided to Customer through this Service will be listed in the business information overview (“BIO”) or any similar document made available to Customer via the tyntec platform or e-mail.

Any usage of Long Numbers requires the prior approval of the relevant use case by tyntec. The use case submitted by Customer to tyntec must contain adequate details.

Customer will lease each Long Number from tyntec for a minimum period of three (3) months .  After the end of the initial three-month term, the agreement to provide such Service will automatically renew on a month-to-month basis unless terminated by giving thirty (30) days’ advance notice in writing.

Customer will terminate all voice traffic using Long Numbers provided under this Service via the tyntec platform.

Lawful Interception and Data Retention Conditions: Customer will fully cooperate with tyntec and all competent authorities regarding relevant data requests in order to comply with applicable laws governing data protection and lawful interception requirements. Customer represents that usage of numbers will be fully compliant with any other applicable legal obligations.

Two-Factor Authentication (2FA)

Customer will be charged for each Successful Authentication.

A “Successful Authentication” means an event where Customer successfully verifies the identity of one of its users (a “Client”) seeking access to the internet-based systems of the Customer by using tyntec’s  Two-Factor Authentication (2FA) Service. For purposes of clarification, a non-entry or an incorrect entry of a pin-code by a Client that result in failure to verify the identity of a Client does not constitute Successful Authentication.

As part of the Service tyntec will create a pin code, deliver it to a Client via SMS or voice call and validate the code when requested to do so by Customer. The Service is restricted to authentication purposes as described above.