Trial Agreement Contact

The account creator represents and confirms to Sinch that you are the duly authorized representative and signatory of the Customer to act for and on behalf of the Customer to enter into the Agreement and accept the General Terms of Services and the Exhibits. All information provided is complete and accurate. The Agreement shall be effective on the date at which time the account is created and verified.

 

1. Test Services

Sinch is developing Contact service (“Contact”), further described in the Contact Service Description [Attached as Appendix 1], a pre-release (Beta) version of which is available for customer evaluation and limited use. Sinch is willing to make available to Customer the Contact service (the “Service”) to enable the Customer to test the Service for a limited period and on terms and conditions laid out in this trial agreement (“Agreement”).

 

2. Term

This Agreement shall be valid from the Effective Date and until 13 June 2022 (the “Trial Period”) and it shall automatically be terminated upon the earlier of (i) either party terminating this Agreement by giving one (1) days written notice to the other party, (ii) the end of the Trial Period, or (iii) the deletion of Customer’s Contact application, or (iv) the parties entering into a full commercial agreement for the provision of the Service.

The Parties agree to negotiate in good faith with the intention of agreeing on a full commercial agreement for the provision of the Service prior to the expiration of the Trial Period, but neither Party shall have any obligation to enter into full commercial agreement a final agreement.

 

3. Service Specification

Customer agrees that the Service is in a trial status, and subject to change without notice. Sinch agrees to provide Customer with:

  1. Access to the application(s) required for use of the Service and allowing users to handle conversations on the for the Service supported channels, including Service specific credentials and supporting documentation; and
  2. APIs in order for users of the Service to integrate third party services with the Service.

For avoidance of doubt, Communication is enabled via separate channels, each of which shall be the subject of individual terms and conditions with Sinch, including Order Forms.

 

4. Terms of Service

Customer agrees to use the Services pursuant to the terms and conditions set out in this Agreement and to accept and comply with all terms and conditions, rules and policies, including but not limited to relating to the underlying channels which are accessible by means of the Service.

Further, Customer will not, and will not encourage or permit any party (including but not limited to Service users) to, access or use the Services:

  1. other than as expressly prescribed by this Agreement;
  2. in violation of:
    1. Sinch’s compliance rules or applicable laws; or
    2. applicable third party licenses,
  3. to send spam or unsolicited messages or other communications;
  4. in any manner that is infringing, obscene, threatening, libelous, unlawful, or in violation of any third party rights;
  5. to breach, interfere or attempt to interfere with any requirements, procedures, policies, or regulations of any mobile industry association, regulator or any network operator or service provider;
  6. to facilitate the transmission or use of any:
    1. malicious code (including malware, viruses, worms, and Trojan horses);
    2. traps, time bombs, or other code with a latent ability to disable or cripple software or services; or
    3. code that would allow any third party to interfere with or access any data;
  7. to circumvent, disable, violate, or otherwise interfere with the security or integrity of the Services, their operation, any networks or servers used in connection with the Services, or any activity being conducted in or in relation to the same (or attempt at any of the foregoing);
  8. to gather, store, upload or otherwise transmit any data for which you do not have a right to do so; or
  9. to impersonate any person or entity.

Customer is solely responsible for any Customer’s account with the Sinch (“Account”), all activities conducted in connection with its Account, and the accuracy of all information provided by or to Customer relating thereto, including without limitation, contact, technical, campaign and payment information, the names, password and other information provided to Customer or created in accordance with Sinch’s policies (“Credentials”), and for protecting and safeguarding the foregoing. Customer will promptly update any Account Information if it changes and notify Sinch of any unauthorized use of its Account and/or Credentials, and any related security breach. Customer will only connect to the Services through its Account and using only the Credentials.

Data Protection.

Each party shall comply with its obligations under applicable Data Protection Laws in respect of any Personal Data processed under the Agreement. Where Customer is the Data Controller and Sinch is the Data Processor, Sinch will process such Personal Data in accordance with the terms of the Agreement and Sinch’s duties as a Data Processor under applicable Data Protection Laws. In parallel and in accordance with applicable data protection legislation (as defined within the Data Protection Agreement,  as can be found under https://www.sinch.com/data-protection-agreement/). Customer acknowledge that Sinch shall act as an independent Data Controller with respect to the processing of Personal Data which is necessary for the operation of the Services which shall include any information processed for the purpose of the conveyance of a communication on an electronic communications network and, if applicable, for the billing thereof.

  • Additionally, Customer agrees to promptly comply with all requests for documentation and information relating to the use of the Service.
  • Customer acknowledge and agrees that in addition what is stated within Sinch’s Data Protection Agreement (and in addition to the sub-processors that can be found under https://www.sinch.com/data-protection-agreement/sub-processors/ (“Sub-processor List”), that the following Subprocessors can be used as well:
    • Sinch Sweden AB, established at Lindhagensgatan 74, 112 18 Stockholm, Sweden
    • Sinch UK Ltd, established at 4th Floor, Cap House, 9-12 Long Lane, Barbican, London, EC1A 9HA, England
    • Sinch Finland Oy, a company incorporated in Finland under number 1549817-1 whose principal place of business is at Keilasatama 5, 02150, Espoo, Finland
    • Sinch Finland Systems Oy, a company incorporated in Finland under number 0736045-5 whose principal place of business is at Keilasatama 5, 02150, Espoo, Finland
    • Barona IT Oy, a company incorporated in Finland under number 2808477-9 whose principal place of business is at Töölönlahdenkatu 3 B 00100 HELSINKI, Finland
    • Amazon Web Services EMEA SARL, a company incorporated in Luxembourg whose principal place of business is at 38 avenue John F. Kennedy, L-1855 Luxembourg (Luxembourg) and might be used for provision of Infrastructure as a Service (IaaS) for the Sinch Contact Center SaaS application.

Customer grants Sinch a royalty-free, worldwide, irrevocable and perpetual license to retain, store, use, and disclose the Data solely: (i) in connection with our provision of the Services, (ii) for our internal purposes, (iii) to protect the operation of the Services, (iv) to create aggregated and/or anonymized data, including for usage statistics, and (v) to satisfy applicable legal, accounting or regulatory requirements.

Customer warrant, represent and undertake to Sinch that Customer have all necessary rights, licenses and consents to provide Sinch with Data for these purposes. Customer and Sinch acknowledge that in relation to Customer processing activities on Sinch’s platform, Customer is the Data Controller and Sinch is the Data Processor.

Customer acknowledges, permits and accepts that Sinch may retain, store, use and disclose Data solely in order, and to the extent necessary, to provide and improve the Services and to satisfy applicable legal, accounting or regulatory requirements. Sinch will establish processes to ensure compliance with Relevant Laws. Customer acknowledges, permits and accepts that Sinch may process Customer contact and contract data for the purposes of customer relationship management and development and that this information may be shared with Affiliates that are part of the Sinch Group for the purposes as described.

Customer acknowledges and agrees that the Service connects with any channels through the Sinch Conversation API service. In respect of the Conversation API, the standard retention period for conversation data applied by Sinch is 180 days. The standard retention time for contact data is indefinite. Customer understands that this is part of the functionality of the service.

If Customer has chosen to completely integrate with the Conversation API service:

Customer can change the retention period for both categories by itself. Information is given in the service specification and within the dashboard. The implementation is done automatically (without human interference) and the Customer understands that when it changes the retention time, this goes into immediate effect. Sinch does not take any responsibility and/or liability for the (changes to the) retention time made by Customer.

If Customer has chosen to not completely integrate with the Conversation API service:

Customer can change the retention period configured upon request to the Customer account manager at service setup. The Customer understands that when Sinch (upon written request) changes the retention time, this goes into immediate effect. Sinch does not take any responsibility and/or liability for the (changes to the) retention time requested by Customer.

Sinch Conversation API service ordered under this trial agreement present a choice on hosting locations. This is set from the start of the Service, configured by Customer self-serve via dashboard.sinch.com or upon request to the Customer account manager at service setup. If Customer wishes to change the Hosting Location after setup, it needs to contact Sinch and Customer understands that changing the Hosting Location may lead to additional fees.

 

5. Fees and Payment

For the use of the Contact under this Agreement, no payment shall be due from the Customer for the Service under this Trial Agreement. Any usage of any underlying channel or other SINCH’s products is to be governed by separate Service Orders and Order Forms to be entered into between the parties subject to the terms and conditions, including rates and fees, set out in the applicable Service Order and Order Form.

 

6. Customer Warranties

Customer represents, warrants and agrees that:

  1. Sinch may recover from Customer any charge, fine, penalty or debit a network operator or service provider levies against Sinch as a result of an alleged violation of the requirements set forth in Clause 4 above.
  2. Customer shall comply with all applicable laws and regulations in relation to the transmission of content, and in particular but without limitation Customer shall comply with all applicable data protection and privacy laws.
  3. Customer will provide any governmental body or Sinch with such information or material relating to the Services as reasonably requested in order to carry out any investigation in connection with the Services.
  4. In no event will Sinch be liable for any direct or indirect damages under this Agreement including, without limitation, any lost revenue, lost profits, or indirect, incidental, consequential, special, punitive or exemplary damages.

THE SERVICE IS PROVIDED "AS IS". SINCH MAKES 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 SOLUTION.

 

 

7. Ownership

 

Customer retains all rights and ownership in Customer’s content. Sinch do not claim any ownership rights in Customer content. Except for rights expressly granted herein, no implied licenses are granted by Sinch, and Sinch hereby reserve all rights not so granted. Customer acknowledges that Sinch retains all sole and exclusive ownership of all right, title and interest in and to the Services and Sinch’s Confidential Information (defined below), including all intellectual property rights thereto, and at no time will Customer dispute or contest our exclusive ownership rights in any of the foregoing. If Customer provides any feedback relating to the Services, Sinch will own such feedback and may use and modify the feedback without any restriction or payment to you.

 

8. Confidentiality

Each party will, during the Term and thereafter, maintain in confidence the Confidential Information of the other party and will not use such Confidential Information except as expressly permitted herein. Each party will use the same degree of care in protecting such Confidential Information as such party uses to protect its own confidential information from unauthorized use or disclosure, but in no event less than reasonable care. Each party will use such Confidential Information solely for the purpose of carrying out its respective rights and obligations under this Agreement. In addition, each party: (a) will not reproduce such Confidential Information, in any form, except as required to accomplish its rights and obligations under this Agreement; and (b) will only disclose such Confidential Information to its affiliates, employees and consultants who have a need to know such Confidential Information in order to perform their rights and obligations relating to this Agreement and have been informed of the obligation to preserve the confidentiality of such information prior to receiving such information. Notwithstanding the foregoing, Confidential Information will not include information that: (a) is in or enters the public domain without breach of this Agreement through no fault of the receiving party; (b) the receiving party can reasonably demonstrate was in its possession prior to first receiving it from the disclosing party; (c) the receiving party can demonstrate was developed by the receiving party independently and without use of or reference to the Confidential Information; or (d) the receiving party receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation. Either party may disclose Confidential Information of the other party (and we may disclose any content) to the extent required by law, regulators, network operators or service provider request.

 

9. Governing Law and Arbitration

This Agreement and any contractual or non-contractual obligation arising out of or in connection with this Agreement shall be governed by English law, with the exclusion of English of law rules. Any dispute arising out of or in connection with this Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The place of the arbitration shall be London, England.

 

APPENDIX 1

 

Revision History

Version

Date

Author

Description

1.0

21.03.26

HJ

First version

2.0

21.09.28

HJ

Second version

 

1. Overview

This document describes the Sinch Contact service. Sinch Contact is an application that empowers any customer facing team to chat with their customers over mobile messaging, using one unified, channel agnostic web interface.

This Service Description is intended to give an overview of all the Sinch Contact interfaces, including a high-level overview of some key capabilities offered.

 

2. Communication Channels

Contact is built and optimized to support multiple mobile messaging channels, allowing a consumer to use their channel of choice when contacting a business.

2.1. Mobile messaging

Sinch Contact is pre-integrated to Sinch Conversation API for access to a continuously expanding set of messaging channels. Both text and rich content formats are supported, as specified by the underlying channel. See https://www.sinch.com/products/apis/messaging/conversation-api/ for more information about Sinch Conversation API.

Currently Sinch Contact supports the following messaging channels:

  • SMS
  • WhatsApp
  • Facebook Messenger
  • Instagram
  • Viber
  • Telegram

 

3. User interfaces

Sinch Contact includes two different user interfaces. Both are web based applications supported by all common desktop browsers.

  • Workspace: This is the user interface for agents where they can read and respond to incoming conversations.
  • Configurator: This is the user interface for administrators, where they can setup and configure Contact to their needs. Configurator is available from within the Sinch client dashboard (https://dashboard.sinch.com/login), under the Contact menu item.

 3.1. Workspace

The workspace is a user interface targeted for the day-to-day work of agents. Agents use it to read, respond to and manage incoming conversations. A unified view is provided across all channels.

Main workspace capabilities:

  • Dashboard provides user with an overview and current statistics. It also allows agents to manage their assigned skills
  • In Queue view, agents can view and pick conversations from the queue
  • Conversation view is where agents manage all their conversations, they can see their allocated conversations, respond to them and take any necessary action
  • Agent can turn Auto allocate on or off. If turned on, conversations in the queue will be assigned to agent automatically using appropriate skill matching and load balancing

3.2. Configurator

Configurator is a user interface for admins to setup and configure their Sinch Contact instance to fit their needs. It is available from within the Sinch client dashboard (https://dashboard.sinch.com/login). Configurator offers a full online, self-serve experience, including initial sign-up and trial.

Main configurator capabilities:

  • Add and manage channels, via Conversation API integration
  • Support for user management, including invites of new users
  • Support for categories, used to logically group incoming conversations in order to optimize the use of different teams and resources
  • Add, change and delete skills

 

4. Routing

Routing defines how new incoming conversations are allocated to an agent. This can either be done automatically or manually, where agent picks a conversation directly from the queue.

Automatic allocation is the more common way to allocate incoming conversations to agents. By default the longest-waiting conversation is allocated first and conversations are evenly distributed among available agents to share workload.

Skill matching is used to make sure conversations go to an agent with the right competence. A conversation can be assigned with a set of skill requirements, these skill requirements are then matched with the skills of an agent. Agent’s skills can be active or inactive and only active skills are used for skill matching. Skills are managed by admin in configurator.

Sinch Contact also supports the concept of categories. A category is used to logically group a set of conversation, based on how and by whom they should be handled. This could e.g. be based on what channel they come from, what agent skill they require or what team they should go to. Based on the category, a set of characteristics can be applied to the incoming conversation. These characteristics are used in routing and agent allocation of the conversation. E.g., the category can have a set of skill requirements that are applied to all conversations that are assigned to this category.

Manual allocation is also supported. In Queue view of the workspace, agents can view conversations waiting in the queue and manually select one to respond to.

 

5. Platform

Sinch Contact resides on a redundant server infrastructure on a redundant multi-tier network in Amazon Web Services (AWS) cloud.

5.1. Data centers and connectivity

Sinch Contact is available in the following data center:

  • EU (Ireland)

Sinch Contact delivers connectivity through Tier 1 Internet backbone access and provides 24/7 monitoring of the hosted applications and infrastructure.

Sinch Contact users access and use the service over the Internet. Customers are responsible for their internet connections as well as for any faults or delays of the service associated with the connection.

5.2. Capacity management

Sinch performs capacity management of the system landscape and monitors resource usage to ensure operational stability, this includes for example storage capacity, memory, and CPU.

5.3. Backups

Database backups are created daily. Backups are kept for 14 days.

5.4. Maintenance windows

Weekly maintenance windows are used for any changes that require service breaks. Customers are notified if a weekly maintenance window will be used. During a maintenance window, there may be a short service break and users are advised to clear their web browser cache after the change. 

  • Europe: SAT 10 PM UTC (4 hrs)

 

6. Security

6.1. Security

The information security of Sinch Contact is based on Sinch Information Security Management System (ISMS), which is certified according to ISO27001 standard. For more information about Sinch security, see https://www.sinch.com/security.

Connections to Sinch Contact user interfaces are secured with HTTPS. Data at rest is encrypted.

Critical security patches for platform and network devices are deployed immediately without further notice. Other security patches for platform and network devices are deployed during maintenance windows or when new versions are released.

6.2. Data privacy

Sinch Contact supports privacy requirements, including GDPR.

Sinch Contact logs changes to personal data made via user interfaces, import/export functionality, and integration interfaces. The audit log describes which attribute was changed, who made the change, when the data was changed, and the new value.

Data Protection Officers (DPOs) can search and anonymize all personal data associated with a customer, upon request from the customer.

6.3. Sensitive personal data

Sensitive personal data is a category of personal data that needs special treatment and the definition of what qualifies as sensitive personal data may differ for different legal areas or industries. Sensitive personal data may, for example, be information on racial or ethnic origin, political opinions, or bank and credit accounts. Sinch Contact is not designed to store and process sensitive personal data and should not be used for these purposes.

6.4. Data retention

The default retention times for the Sinch Contact data are: 

  • User data: Indefinite, deletion of users require an explicit action.
  • Conversation data: 90 days for automatic anonymization and 365 days for deletion.
  • Audit log: 365 days

Upon tenant deletion or termination of the agreement, Sinch destroys or otherwise disposes of any customer data in its possession after 30 days. Audit logs are kept as per standard retention times.

 

7. Support

During the trial period, all incidents and service issues should be reported to the dedicated e-mail address provided via Account Manager. Support will be provided on a best effort basis during CET business hours.