Terms of Service
Version 5 - Date of release: 21 February 2022.
By signing up to our services (the “Services”) and affirming that you (the entity agreeing to the terms, “you” or “Customer”) agree to our terms of service through the sign-up process, you are entering into a master service agreement (the “Agreement”) with the legal entity set out below, which shall be referred to as “we”, “our”, “us” or “Sinch”.
The account creator represents and confirms to Sinch that you are the duly authorised representative and signatory of the Customer to act for and on behalf of the Customer to enter into the Agreement and accepts the General Terms of Services and all other terms, as set out bellow. All information provided is complete and accurate. The Agreement shall be effective on the date at which time the account is created and verified.
Sinch and Customer are together referred to as the “Parties” and each a “Party”.
| If you are domiciled in: | You are contracting with: | Notices should be addressed to: |
|---|---|---|
| The United States of America or Canada | Sinch America, Inc. (a Delaware corporation) | Sinch America Inc., Legal Department, 3500 Lenox Rd NE, Ste. 1875, Atlanta, GA 30326, Georgia, USA |
| Europe | Sinch Sweden AB | Sinch Sweden AB, Legal Dept. Lindhagensgatan 74, 112 18 Stockholm, Sweden |
| Rest of the World | Sinch UK Ltd. | Sinch UK Ltd., Legal Department, 4th Floor, Cap House, 9-12 Long Lane, Barbican, London, EC1A 9HA, England |
General
The Terms apply to you, your agents, any service provider(s) you work with, and any employees, representatives, agents, and suppliers (collectively “you” or “Company”). The terms of the Agreement are set out herein (the “Terms”) and as referenced below, and you agree to comply with the Terms. The Agreement is effective as of the date agreed to by you (“Effective Date”).
These terms, the applicable terms listed in the table below, any accompanying API documentation, and any applicable policies and guidelines are part of the Terms. To the extent applicable, the following terms are incorporated by reference into these terms and listed in order of precedence.
- Data Protection Agreement
- Messaging Supplemental Terms and Conditions
- Social Channel Supplemental Terms and Conditions
- SAAS Services Supplemental Terms and Conditions
- Email Supplemental Terms and Conditions
- General Terms and Conditions (“GTC”)
- Service Level Agreement (“SLA”)
Additionally, you may have access to other tools and services provided by Sinch and its affiliates. Any use of such tools and services may be subject to separate terms and conditions, and shall take precedence over any of the terms listed above.
Unless expressly defined in the specific document or a contrary intention appears, capitalised terms defined in the Agreement have the meaning set out in the GTC.
This Agreement shall apply to any Services that Customer self-provisions through its access to https://dashboard.sinch.com. Sinch may use its affiliates in connection with the performance of its obligations and exercise of its rights under the Agreement.
Commercial
The Customer will pay Sinch the fees and taxes and all other amounts payable to Sinch through prepayments made by the Customer on the Customer’s Account in the SINCH Dashboard. The fees shall be calculated in accordance with the rates and pricing which Sinch makes available to the Customer (by means determined by Sinch) from time to time. All Recurring Fees and One-Time Fees may be deducted in advance of the applicable Service being provided and all Non-Recurring Fees may be deducted after the applicable Service is provided. Payments received from the Customer will be deposited in the currency selected during Account creation as supported by Sinch. Sinch may deduct or offset from the Customer’s Credit Balance, any sums the Customer owes to Sinch, which may include but are not limited to fees and taxes, and in the currency selected by Customer and from the same Credit Balance. The Customer will not earn interest on any Credit Balance held by Sinch. The Customer will lose the right to any Credit Balance if the Agreement has been terminated and if Sinch is not reasonably able to refund the Credit Balance, e.g. by not receiving information of relevant bank account upon request.
SINCH may modify any fees in its sole discretion upon written notice, and in accordance with the terms of Section 13.5 of the GTC (Notices), the parties agree that for the purposes of notice under this Section, such notice may be given by email and that notice shall be deemed to have been given once the email is dispatched from the SINCH email server.
Term and Termination
The Agreement is in force until terminated by a Party (the “Term”). The Agreement may be terminated by each Party by giving ninety (90) days advance written notice to the other Party. The aforementioned notice period for termination by the Customer shall be subject to the Customer’s full payment of any and all fixed fees regarding Services ordered by Customer with a longer notice period than ninety (90) days.
Upon termination of any Service, all fees incurred relation to the terminated Service(s) shall become immediately payable and remaining fees charged until the end of the term.
Changes
Sinch reserves the right, in Sinch’s sole discretion and with or without notice from time to time, to modify or update any Services (including but not limited to the features, scope, reach and functionality). Additionally, Sinch may amend the Agreement (or any part thereof), and such amendment will take effect on the date Sinch designates (or upon expiration of the minimum period of notice Sinch is required to provide under applicable law). Upon the event that there is uncertainty regarding what version of the Agreement that applies between the Parties, the version published at https://www.sinch.com/terms-of-service/ at that point in time shall apply. Sinch specifically reserves the right to make changes to such terms of service by publishing a revised version at https://www.sinch.com/terms-of-service/ (or any successor URL Sinch determines) as may be updated by us from time to time. If an amendment to the Service Agreement or Services is to the Customer’s material detriment, the Customer may terminate either: (i) the affected Order; or (ii) the affected Service, upon written notice within thirty (30) days following the effectiveness of such amendment (or by the date which the Customer is entitled to terminate under applicable law).
Compliance
The Customer shall (and shall ensure that the Customer’s customers, Affiliates, employees, contractors and agents shall) ensure that all use of the Services and all Data complies with applicable laws and the Compliance Rules, including but not limited to export control laws and regulations, economic, trade and financial sanctions laws, regulations, embargoes, restricted state lists or restrictive measures administered. The Customer shall provide (and shall ensure that the Customer’s customers, Affiliates, employees, contractors and agents shall provide) all co-operation as is required by Sinch to enable Sinch to comply with requests and investigations by regulators, law enforcement agencies and Service Providers relating to the Services and Data. “Compliance Rules” shall mean that the Customer shall not download any software from Sinch relating to the data calling (in-app voice calling) services in any Restricted Countries. For the purpose of this Agreement, “Restricted Countries” shall mean People's Republic of China (including Hong Kong and Macau), Iran, the Democratic People’s Republic of Korea, the Russian Federation, and/or Syrian Arabic Republic.
Governing Law and Dispute Resolution
The governing law and dispute resolution as set out in section 13 of the GTC shall apply between the Parties.