Version 5 - Date of release: 21 February 2022. This Data Protection Agreement (“, DPA, ”) becomes effective the date both parties execute this DPA. Customer shall make available to Sinch and Customer authorizes Sinch to process information including personal data for the provision of the Services under the Agreement (hereinafter “, Agreement, ”). The parties have agreed to enter into this DPA to confirm the data protection provisions relating to their relationship and so as to meet the requirements of applicable Data Protection Legislation., , 1. Definitions, 1.1 For the purposes of this DPA:, “, Data Protection Legislation, ” means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data by the Customer as Data Controller, including without limitation all binding (inter)national laws and other binding data protection or data security directives, laws, regulations and rulings valid at the given time…, Personal Data, ” means any information relating to an identified or identifiable natural person (“, data subject, “); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person; “, (Data) Processing, ” means any operation or set of operations performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; “, Special Categories of Personal Data, ” means information on racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, data concerning a natural person’s sex life or sexual orientation or any other special category of data as is indicated within the deviations in Appendix 2 Deviations based on applicable National legislation or in the…, Technical and organisational measures, ” or TOMs means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access. This includes the agreed applicable security requirements and security instructions and their updates applicable at each time and described in Appendix 1 Technical and organisational measures to this DPA or in the Service…, data controller, ” and “, data processor, “, shall have the meanings given to them under the GDPR., , 1.2, Capitalized terms used and not defined in this DPA have the meanings given to such terms in the Agreement., , 2. Role of the Parties, The Parties understand that for the provision of the Services a distinction is made between two types of processing of personal data: (i) the provision of the services (i.e. the database of call data records and the logs created and managed by Sinch on behalf and under the supervision of Customer) for which Sinch will act as a data processor and agrees to comply with the respective obligations…, , 3. Subject matter, nature and purpose of SINCH’s processing of personal data, , 3.1, The subject matter, nature and purpose of the processing of personal data under this DPA is Sinch performance of the Services pursuant to the Agreement and as further instructed by the Customer in its use of the Services (“, Instructions, ”), unless required to do so otherwise by Data Protection Legislation and/or Relevant Laws. In such case (and if, to the extent permitted by Data Protection Legislation and/or Relevant Laws. , 3.2, Instructions of the Customer shall be in written form (including, but not limited to, email) or can be given through settings and use of Sinch’s portal(s) and/or software. In exceptional cases, Instructions may be given orally by the Customer. Such oral Instructions will be confirmed by the authorized person of Customer in writing or per email (in text form)., , 4. Duration, , 4.1, Sinch shall only collect or process personal data for the duration of the Agreement to the extent, and in such a manner, as is necessary for provision of the Services and in accordance with the Agreement and Data Protection Legislation applicable to Sinch in its role as data processor. , 4.2, The processing of personal data will be carried out by Sinch after the Agreement necessary to fulfil the obligations in in this DPA or when necessary due to mandatory law unless otherwise agreed upon in writing., , 5. Type of personal data processed, The following Categories of personal data may be processed to deliver the Services, the extent of which is determined and controlled by the Customer in its sole discretion, and which may include, but is not limited to the following categories of personal data: Contact information (company, email, phone, physical address) First and last name ID data Title Position Employer Connection data…, , 6. Type of data subjects, The Customer may submit personal data to the Services, the extent of which is determined and controlled by the Customer in its sole discretion, and which may include, but is not limited to personal data relating to the following categories of data subjects: Customers, business partners and vendors of the Customer (who are natural persons) Employees of contact persons of the Customer’s customers,…, , 7. Sub-processors, , 7.1, The Customer agrees that Sinch may engage Sinch Affiliate or third parties to process personal data in order to assist Sinch to deliver the Services on behalf of the Customer (“, Sub-processors, ”). Sinch has or will enter into written agreement with each Sub-processor containing data protection obligations not less protective than those in this DPA to the extent applicable to the nature of the Services provided by such Sub-processor. , 7.2, When required by law, Sinch shall conclude additional agreements (for example, but not limited to, Business Associates Agreements as is required by The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and/or The Health Information Technology for Economic and Clinical Health act (“HITECH”)). , 7.3, The current Sub-processors for the Services are set out at https://www.sinch.com/data-protection-agreement/sub-processors/ (“, Sub-processor List, ”) and the Customer agrees and approves that Sinch has engaged such Sub-processors to process personal data as set out in the list. The Customer may find at https://www.sinch.com/data-protection-agreement/sub-processors/ a mechanism to subscribe to notifications of new Sub-processors for each applicable Service, to which Customer shall subscribe, and if the Customer subscribes, Sinch shall…, 7.4, Sinch shall notify the Customer, in accordance with the mechanism set out in clause 7.2, thirty (30) days’ in advance of any intended changes concerning the addition or replacement of any Sub-processor during which period the Customer may raise objections to the Sub-processor’s appointment. Any objections must be raised promptly (and in any event no later than fourteen (14) days following Sinch’s…, 7.5, Sinch may replace a Subprocessor without advance notice where the reason for the change is outside of Sinch’s reasonable control and prompt replacement is required for security or other urgent reasons, such as but not limited to (suspected) non-compliance of a Subprocessor with Data Protection Legislation or the DPA between Sinch and the Subprocessor. In this case, Sinch will inform the Data…, 7.6, for the avoidance of doubt, where any Sub-processor fails to fulfil its obligations under any sub-processing agreement or under applicable law Sinch will remain fully liable to the Customer for the fulfilment of its obligations under this DPA., , 8. International Transfer, , 8.1, Whenever Sinch (or its sub-processors) processes personal data in other countries than the country in which the Sinch is established, Sinch will ensure an adequate level of protection for personal data by means of organisational, technical and contractual measures as is required by Data Protectional Legislation and this DPA. , 8.2, Where (i) Personal Data of an EEA or Swiss based Data Controller is processed in a country outside the EEA, Switzerland and any country, organization or territory acknowledged by the European Union as safe country with an adequate level of data protection under art. 45 GDPR and no other lawful transfer mechanism such as Binding Corporate Rules (art. 47 GDPR) or Code of Conduct (art. 40 GDPR) is…, 8.3, In case that European Commission approved standard contractual clauses are concluded between Sinch and the Customer, the following applies until a competent Member State supervisory authority, or an EU or competent Member State court approves a different lawful transfer mechanism that would be applicable to the data transfers covered by the Standard Contractual Clauses (in case if such mechanism…, , 9. Technical and organisational measures, Sinch has implemented and maintains appropriate technical and organizational measures (to act in accordance Data Protection Legislation, for example but not limited to Article 28, 3 (c) and Article 32 in particular in relation with Article 5, 1 and 2 GDPR). Such measures include but not limited to physical and IT measures, and organizational measures to protect personal data processed against…, , 10. Quality assurances and other duties of SINCH, , 10.1, Sinch shall comply with the following requirements (often referred to by referencing articles 28 to 33 GDPR) being: no processing of personal data except on instructions from the controller, unless required to do so by an authority; Implementation of data processing register Implement technical and organizational measures to ensure a level of data security appropriate to the level of risk…, , 11 Audits and inspections, , 11.1, In the event that the Customer, a Regulator or data protection authority requires additional information or an audit related to the Services, then, Sinch agrees to submit access to its data processing facilities, data files and documentation needed for processing personal data. Sinch agrees to provide reasonable cooperation to during such operations including providing all relevant information…, 11.2, The audit right as described within clause 11.1 will become applicable for the Customer, in case Sinch has not provided sufficient evidence of its compliance with the technical and organizational measures. Sufficient evidence includes providing either: (i) a certification as to compliance with ISO 27001 or other standards implemented by Sinch (scope as defined in the certificate); or (ii) an…, , 12 Notification of a data breach, , 12.1, In the event of Sinch aware of any breach of security that results in the accidental, unauthorised or unlawful destruction or unauthorised disclosure of or access to personal data Sinch shall, among other things: a) Notify the Customer in writing immediately but not later than 72 hours after becoming aware of the personal data breach; b) Assist the Customer with regard to the Customers obligation…, 12.2, To the extent legally possible, Sinch may claim compensation for support services under this clause 12 which are not attributable to personal data breaches caused by Sinch., , 13. Deletion of personal data, , 13.1, Sinch is obliged to erase personal data as stipulated in the Agreement and in accordance with the Data Protection Legislation and/or Relevant Laws. , 13.2, Customer has the right to request execution of the rights and obligations described in clause 13.1 during the duration of the entire DPA. , 13.3, Statutory retention obligations or contractual obligations towards Service Providers of Sinch (for example but not limited to operators) remain unaffected by the above provisions. Documentation serving as evidence for an orderly data processing in accordance with the provisions of the DPA shall be retained by Sinch after termination of the DPA according to Data Protection Legislation and/or…, , 14. SINCH’s Obligations as Data Controller, In situations where Sinch will act as a data controller, it undertakes to comply with its obligations under applicable Data Protection Legislation in respect of any personal data processed under the SA. It shall process such personal data in connection with the transmission of messages, and to fulfil its associated obligations under the Agreement or as may be required by law, court order or any…, , 15. customer’s Obligations, The Customer shall comply at all times with Data Protection Legislation in relation to the processing of personal data in connection with the Agreement and the Services. The Customer shall inform Sinch in writing in case additional legislation is applicable on the Processing of Personal Data other than the legislation of the country where the Customer is established., , 16. limitation of liability, , 16.1, Each party’s and all of its Affiliates’ liability, taken together in the aggregate, arising out of or related to this DPA whether in contract, tort or under any other theory of liability, is subject to the Limitation of Liability section of the Agreement, and any reference in such section to the liability of a party means the aggregate liability of that party and all of its Affiliates under the…, 16.2, Clause 16.1 shall not apply if the damage has been caused by the incorrect implementation of the commissioned service by the Customer or by an instruction given by the Customer. In such case, Customer will be liable for such damage., , 17. Miscellaneous, , 17.1, The DPA forms an integral part of the Agreement between Customer and Sinch. In case of conflict between the mandatory provisions in the European Standard Contractual Clauses and this DPA, the European Standard Contractual Clauses shall prevail. In case of other conflicts between other documents (including in case of conflict between the Agreement and this DPA), the DPA will prevail. , 17.2, Should any provision of this DPA be or become invalid or contain a gap, the remaining provisions shall remain unaffected. Customer and Sinch undertake to replace the invalid provision with legally valid provisions which come the closest to the interest of the invalid provision respectively fills out the gap., , APPENDIX 1 to the data protection Agreement – Technical and Organisational Measures, Sinch shall implement the measures described in this appendix, provided that the measures directly or indirectly contribute or can contribute to the protection of personal data under the Agreement concluded between the Parties for the processing of data. The Technical and Organizational measures that are implemented by Sinch are based on the state of the art, the implementations costs and the…, , 1. Risk management and Procedures for validation, review and evaluation, i) Sinch shall identify and evaluate security risks related to confidentiality, integrity and availability and based on such evaluation implement appropriate technical and organizational measures to ensure a level of security which is appropriate to the risk. ii) Sinch shall have documented processes and routines for handling risks within its operations and when processing personal data on behalf…, , 2. Organizational Measures, The internal organization of the processor shall meet the specific requirements of data protection. A) Policies and Policy Management i) Sinch shall have a defined and documented information security management system (ISMS) including an information security policy and procedures in place, which shall be approved by Sinch’s management. They shall be published within Sinch´s organization and…, , 3. Confidentiality, A) Access Control (Physical and environmental security) i) Sinch shall protect information processing facilities against external and environmental threats and hazards, including power/cabling failures and other disruptions caused by failures in supporting utilities. This includes physical perimeter and access protection. ii) Sinch shall protect goods from theft, manipulation, and destruction.…, , 4. Operations security, i) Sinch shall have an established change management system in place for making changes to business processes, information processing facilities and systems. The change management system shall include tests and reviews before changes are implemented, such as procedures to handle urgent changes, roll back procedures to recover from failed changes, logs that show, what has been changed, when and by…, , 5. Integrity, i) Sinch shall implement network security controls such as service level, firewalling and segregation to protect information systems. ii) Sinch operates a phishing and SPAM detection system with the aim to protect its customers and Sinch (and the personal data of which these Parties are the Controller) against unwanted content and the spreading of SPAM/phishing and to comply with operator…, , 6. Data breach management, i) Sinch shall have established procedures for data breach management. ii) Sinch shall inform the Customer about any data breach (including but not limited to incidents in relation to the processing of personal data) as soon as possible but no later than within 72 hours after the data breach has been identified. iii) All reporting of security related incidents shall be treated as confidential…, , 7. Business continuity management, i) Sinch shall identify business continuity risks and take necessary actions to control and mitigate such risks. ii) Sinch shall have documented processes and routines for handling business continuity. iii) Sinch shall ensure that information security is embedded into the business continuity plans. iv) Sinch shall periodically assess the efficiency of its business continuity management, and…, , 8. System/software development and maintenance (when software development or system development is provided to the Customer by Sinch), i) Sinch shall implement rules for development lifecycle of software and systems including change and review procedures. ii) Sinch shall test security functionality during development in a controlled environment. iii) Security patch management is implemented to provide regular and periodic deployment of relevant security updates. iv) Sinch will work in accordance with the principles of data…, , Appendix 2 to the data protection Agreement – Deviations based on applicable National legislation, , 1. Spain, In case the Controller/Processor is situated in Spain, the technical and organizational measures to be taken by the Processor are subject to the Spanish data protection laws. In this case, the preamble of Appendix 1 of this DPA shall be complemented as follows: “The Processor shall make sure that the following technical and organizational measures are in compliance with the “high level security”…, , 2. Canada, The definition “Special Categories of Personal Data” in Clause 1 of this DPA shall be amended as follows: “, Special Categories of Personal Data, ” shall mean information on racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, health or sex life or any other personal that may be considered as sensitive data based on applicable legislation.” In addition to what is agreed upon in this DPA, the following is applicable concerning the transfer of Data: “Controller acknowledges that Processor…, , 3. Australia, Following the Australian Data Protection guidelines (Australian Privacy Principles; APP) from Schedule 1 of the “Privacy Amendment (Enhancing Privacy Protection) Act 2012”, which is a Supplement to the “Privacy Act 1988”, the following is applicable on the processing of personal data: (i) “, Controller, ” means a person who, alone or together with other persons, establishes the purposes and the manner of processing personal data; and “, Processor, ” means any person (other than an employee of the Controller) who, on behalf of the Controller, personal data processes. (ii) Where a Controller or its Authorized Users in Australia intend to collect Personal Data in the Cloud Service, the Controller undertakes to obtain the prior consent of each Data Subject to an International Transfer pursuant to this Schedule if and to the extent that is…, , 4. UK, Insofar as a Data Protection Act (including the new EU Data Protection Basic Regulation or its successor after Great Britain leaves the European Union) comes into force after the date of entry into force of this DPA and it is contrary to the terms of this DPA or otherwise requires an amendment to this DPA, a Party may notify the other party in order to start to negotiate the necessary amendments…, , 5. Switzerland, In accordance with Art. 3 lit. b of the Swiss Federal Act of 19 June 1992 on Data Protection (FADP), the definitions in clause 1 of this DPA shall be amended as follows: “, Data Subject, ”: natural or legal persons whose data is processed., , 6. Italy, In accordance with Article 29 of the Italian Personal Data Protection Code states it is necessary to appoint the data processor conform Italian law and to describe the specific tasks that they have in accordance with the Italian Data Protection Code. By signing this DPA the Controller appoints the Processor as a Data Processor. The Data Processor shall process data in accordance with the…, , 7. USA, The following definitions in clause 1 of this DPA shall be amended as follows: “Personal data (in the USA the term Personally Identifiable Information is used): any individual element of information concerning the personal or material circumstances of an identified or identifiable individual; Sensitive data (also known as “Special Categories of Personal Data”): information on racial or ethnic…, , 8. Singapore, In the case the Controller is situated in Singapore, the following text will be added to clause 4 of this DPA: “The Processor will comply in a timely manner with the directions or decisions of any competent data protection and privacy authority in relation to the Data. The Processor will give the Controller such co-operation, assistance and information as the Controller reasonably requests to…, , 9. Malaysia, In the case the Controller is situated in Malaysia, the definition of Special Categories of data (“Special Categories of Personal Data” shall mean information on racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, health or sex life) in clause 1 of this DPA (Definitions) will be replaced with the following: “Special Categories of Personal Data…, , 10. India, The following definitions in clause 1 of this DPA shall be amended as follows: “, Personal Data, ” means any individual element of information concerning the personal or material circumstances of an identified or identifiable individual. Personal information which is any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person. “, Special Categories of Personal Data, ” shall mean Sensitive personal data or information of a person; this means such personal information which consists of information relating to;—(i) password; (ii) financial information such as Bank account or credit card or debit card or other payment instrument details ; (iii) physical, physiological and mental health condition; (iv) sexual orientation; (v) medical records and history; (vi)…, , 11. China, The following text will be added to clause 16 of this DPA: ”Legal liability according to the laws of the People’s Republic of China may apply depending on the agreements of the Controller with its customer.”, , Appendix 3 to the data protection Agreement: European Standard Contractual Clauses 1, , Clause 1, Purpose and scope, (a) The purpose of these standard contractual clauses is to ensure compliance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) for the transfer of data to a third country. (b)…, Clause 2, Effect and invariability of the Clauses, a) These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46(2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are…, Clause 3, Third-party beneficiaries, (a) Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions: (i) Clause 1, Clause 2, Clause 3, Clause 6, Clause 7; (ii) Clause 8.1(b), 8.9(a), (c), (d) and (e); (iii) Clause 9(a), (c), (d) and (e); (iv) Clause 12(a), (d) and (f); (v) Clause 13; (vi) Clause 15.1(c), (d) and (e); (vii) Clause 16(…, Clause 4, Interpretation, a) Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation. (b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679. (c) These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679., Clause 5, Hierarchy, In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties, existing at the time these Clauses are agreed or entered into thereafter, these Clauses shall prevail., Clause 6, Description of the transfer(s), The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in Annex I.B., Clause 7 – Optional, Docking clause, (a) An entity that is not a Party to these Clauses may, with the agreement of the Parties, accede to these Clauses at any time, either as a data exporter or as a data importer, by completing the Appendix and signing Annex I.A. (b) Once it has completed the Appendix and signed Annex I.A, the acceding entity shall become a Party to these Clauses and have the rights and obligations of a data…, SECTION II – OBLIGATIONS OF THE PARTIES, Clause 8, Data protection safeguards, The data exporter warrants that it has used reasonable efforts to determine that the data importer is able, through the implementation of appropriate technical and organisational measures, to satisfy its obligations under these Clauses., 8.1 Instructions, (a) The data importer shall process the personal data only on documented instructions from the data exporter. The data exporter may give such instructions throughout the duration of the contract. (b) The data importer shall immediately inform the data exporter if it is unable to follow those instructions., 8.2 Purpose limitation, The data importer shall process the personal data only for the specific purpose(s) of the transfer, as set out in Annex I.B, unless on further instructions from the data exporter., 8.3 Transparency, On request, the data exporter shall make a copy of these Clauses, including the Appendix as completed by the Parties, available to the data subject free of charge. To the extent necessary to protect business secrets or other confidential information, including the measures described in Annex II and personal data, the data exporter may redact part of the text of the Appendix to these Clauses prior…, 8.4 Accuracy, If the data importer becomes aware that the personal data it has received is inaccurate, or has become outdated, it shall inform the data exporter without undue delay. In this case, the data importer shall cooperate with the data exporter to erase or rectify the data., 8.5 Duration of processing and erasure or return of data, Processing by the data importer shall only take place for the duration specified in Annex I.B. After the end of the provision of the processing services, the data importer shall, at the choice of the data exporter, delete all personal data processed on behalf of the data exporter and certify to the data exporter that it has done so, or return to the data exporter all personal data processed on…, 8.6 Security of processing, (a) The data importer and, during transmission, also the data exporter shall implement appropriate technical and organisational measures to ensure the security of the data, including protection against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to that data (hereinafter ‘personal data breach’). In assessing the…, 8.7 Sensitive data, Where the transfer involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (hereinafter ‘sensitive…, 8.8 Onward transfers, The data importer shall only disclose the personal data to a third party on documented instructions from the data exporter. In addition, the data may only be disclosed to a third party located outside the European Union (in the same country as the data importer or in another third country, hereinafter ‘onward transfer’) if the third party is or agrees to be bound by these Clauses, under the…, 8.9 Documentation and compliance, (a) The data importer shall promptly and adequately deal with enquiries from the data exporter that relate to the processing under these Clauses. (b) The Parties shall be able to demonstrate compliance with these Clauses. In particular, the data importer shall keep appropriate documentation on the processing activities carried out on behalf of the data exporter. (c) The data importer shall make…, Clause 9, Use of sub-processors, (a) The data importer has the data exporter’s general authorization for the engagement of sub-processor(s) from an agreed list. The data importer shall specifically inform the data exporter in writing of any intended changes to that list through the addition or replacement of sub-processors at least 30 days in advance, thereby giving the data exporter sufficient time to be able to object to such…, Clause 10, Data subject rights, (a), The data importer shall promptly notify the data exporter of any request it has received from a data subject. It shall not respond to that request itself unless it has been authorised to do so by the data exporter. (b) The data importer shall assist the data exporter in fulfilling its obligations to respond to data subjects’ requests for the exercise of their rights under Regulation (EU) 2016/679…, Clause 11, Redress, a) The data importer shall inform data subjects in a transparent and easily accessible format, through individual notice or on its website, of a contact point authorised to handle complaints. It shall deal promptly with any complaints it receives from a data subject. (b) In case of a dispute between a data subject and one of the Parties as regards compliance with these Clauses, that Party shall…, Clause 12, Liability, (a) Each Party shall be liable to the other Party/ies for any damages it causes the other Party/ies by any breach of these Clauses. (b) The data importer shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data importer or its sub-processor causes the data subject by breaching the third-party beneficiary…, Clause 13, Supervision, (a) 1. Where the data exporter is established in an EU Member State: The supervisory authority with responsibility for ensuring compliance by the data exporter with Regulation (EU) 2016/679 as regards the data transfer, as indicated in Annex I.C, shall act as competent supervisory authority. 2. Where the data exporter is not established in an EU Member State, but falls within the territorial…, SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS BY PUBLIC AUTHORITIES, Clause 14, Local laws and practices affecting compliance with the Clauses, a) The Parties warrant that they have no reason to believe that the laws and practices in the third country of destination applicable to the processing of the personal data by the data importer, including any requirements to disclose personal data or measures authorising access by public authorities, prevent the data importer from fulfilling its obligations under these Clauses. This is based on…, Clause 15, Obligations of the data importer in case of access by public authorities, 15.1 Notification, (a) The data importer agrees to notify the data exporter and, where possible, the data subject promptly (if necessary with the help of the data exporter) if it: (i) receives a legally binding request from a public authority, including judicial authorities, under the laws of the country of destination for the disclosure of personal data transferred pursuant to these Clauses; such notification…, 15.2 Review of legality and data minimisation, (a) The data importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful under the laws of the country of destination, applicable obligations under…, SECTION IV – FINAL PROVISIONS, Clause 16, Non-compliance with the Clauses and termination, (a) The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason. (b) In the event that the data importer is in breach of these Clauses or unable to comply with these Clauses, the data exporter shall suspend the transfer of personal data to the data importer until compliance is again ensured or the contract is terminated. This is…, Clause 17, Governing law, These Clauses shall be governed by the law of one of the EU Member States, provided such law allows for third-party beneficiary rights. The Parties agree that this shall be the law of Sweden., Clause 18, Choice of forum and jurisdiction, (a) Any dispute arising from these Clauses shall be resolved by the courts of an EU Member State. (b) The Parties agree that those shall be the courts of Sweden. (c) A data subject may also bring legal proceedings against the data exporter and/or data importer before the courts of the Member State in which he/she has his/her habitual residence. (d) The Parties agree to submit themselves to the…, ANNEX I, A. LIST OF PARTIES, Data exporter(s):, Name: Customer, who is concluding this agreement to cover any data transfer that will take place necessary for the provisioning the services as described within the SA. The contact information is listed on the cover page of the SA and within the DPA that is concluded between parties. Activities relevant to the data transferred under these Clauses: Customer uses the services of the Sinch Group…, Data importer(s):, Name: The Sinch legal entity who is concluding this agreement to cover data transfer that will take place necessary for provisioning the services as described within the SA. The contact information is listed on the cover page of the SA and within the DPA that is concluded between parties. Activities relevant to the data transferred under these Clauses: Customer uses the services of the Sinch…, B. DESCRIPTION OF TRANSFER, Categories of data subjects whose personal data is transferred As described within clause 6 of the DPA, or separately within the order form belonging to the service. Categories of personal data transferred As described within clause 5 of the DPA, or separately within the order form belonging to the service. Sensitive data transferred (if applicable) and applied restrictions or safeguards that…, C. COMPETENT SUPERVISORY AUTHORITY, For Sinch: The Data Protection Supervisory Authority in Sweden. For Customer: as is determined in accordance with Clause 13. , ANNEX II, , TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA, Description of the technical and organisational measures implemented by the data importer(s) (including any relevant certifications) to ensure an appropriate level of security, taking into account the nature, scope, context and purpose of the processing, and the risks for the rights and freedoms of natural persons. The Technical and Organizational Measures as are included within this Annex are…, 1. Risk management and Procedures for validation, review and evaluation, i) Sinch shall identify and evaluate security risks related to confidentiality, integrity and availability and based on such evaluation implement appropriate technical and organizational measures to ensure a level of security which is appropriate to the risk. ii) Sinch shall have documented processes and routines for handling risks within its operations and when processing personal data on behalf…, 2. Organizational Measures, The internal organization of the processor shall meet the specific requirements of data protection. A) Policies and Policy Management i) Sinch shall have a defined and documented information security management system (ISMS) including an information security policy and procedures in place, which shall be approved by Sinch’s management. They shall be published within Sinch´s organization and…, 3. Confidentiality, A) Access Control (Physical and environmental security) i) Sinch shall protect information processing facilities against external and environmental threats and hazards, including power/cabling failures and other disruptions caused by failures in supporting utilities. This includes physical perimeter and access protection. ii) Sinch shall protect goods from theft, manipulation, and destruction.…, 4. Operations security, i) Sinch shall have an established change management system in place for making changes to business processes, information processing facilities and systems. The change management system shall include tests and reviews before changes are implemented, such as procedures to handle urgent changes, roll back procedures to recover from failed changes, logs that show, what has been changed, when and by…, 5. Integrity, i) Sinch shall implement network security controls such as service level, firewalling and segregation to protect information systems. ii) Sinch operates a phishing and SPAM detection system with the aim to protect its customers and Sinch (and the personal data of which these Parties are the Controller) against unwanted content and the spreading of SPAM/phishing and to comply with operator…, 6. Data breach management, i) Sinch shall have established procedures for data breach management. ii) Sinch shall inform the Customer about any data breach (including but not limited to incidents in relation to the processing of personal data) as soon as possible but no later than within 72 hours after the data breach has been identified. iii) All reporting of security related incidents shall be treated as confidential…, 7. Business continuity management, i) Sinch shall identify business continuity risks and take necessary actions to control and mitigate such risks. ii) Sinch shall have documented processes and routines for handling business continuity. iii) Sinch shall ensure that information security is embedded into the business continuity plans. iv) Sinch shall periodically assess the efficiency of its business continuity management, and…, 8. System/software development and maintenance (when software development or system development is provided to the Customer by Sinch), i) Sinch shall implement rules for development lifecycle of software and systems including change and review procedures. ii) Sinch shall test security functionality during development in a controlled environment. iii) Security patch management is implemented to provide regular and periodic deployment of relevant security updates. iv) Sinch will work in accordance with the principles of data…
Type: Legal page
Version 5 - Date of release: 21 February 2022. These supplemental terms and conditions (“, Supplement, ”) are part of an agreement for certain SINCH services (“, Agreement, ”) between SINCH and Customer and apply solely to the SINCH services referencing this Supplement, including SMS and/or MMS services (“, Service, ”) and not any other SINCH product or service. Capitalized terms are defined in the Glossary below. Capitalized terms not defined in this Supplement shall have the meanings ascribed to them in the General Terms and Conditions for SINCH Services (“, GTC, ”)., , Part A – Legal Terms, , A1. Services, A1.1. Service Provider Conditions and laws and regulations., Notwithstanding Section 4.1 of the GTC, Customer shall comply with all Service Provider Conditions, applicable legal and regulatory requirements and conditions, and all applicable industry guidelines relating to the Customer Data, Customer Services, Messages or its use of the Service. If a Service Provider changes the Service Provider Conditions and/or the technical standards for the delivery of…, , A2. Compliance, A2.1. Requirements. The provisions of Sections 2.5 and 4.1(c) of the GTC shall apply equally to requests, directions and/or orders made or issued by any Service Provider. A2.2. Responsibility., SINCH 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 this Agreement by Customer. Customer agrees, at its own cost, to accept full responsibility for any such request…, End User opt-in/opt-out requirements, ”) and A1.3 (“, Supply of Customer Service, s ”) above shall survive termination of the Agreement. A2.4. Indemnity. Customer will indemnify and, at SINCH’s election, defend SINCH, its Affiliates and subcontractors against: any claims (including, but not limited to, any claims, fines, penalties, or losses) or other liabilities brought against SINCH, its Affiliates and subcontractors by any third party (including, but not limited to, any…, , Part B – Business Terms, , B1. Customer Responsibilities, B1.1. Access and Connectivity SINCH Network connection. Customer is solely responsible, at its own expense, for establishing and maintaining its equipment, software, facilities, and its connection to the SINCH Network. SINCH Dashboard. SINCH may, in its sole discretion, provide Customer with access to SINCH’s world wide web extranet interface (“ SINCH Dashboard ”) which access will enable…, Burst, ”) SINCH may without any liability to Customer immediately suspend the Service. Where Customer does not submit such forecasts SINCH may, at its sole discretion, determine the volume of Messages that constitutes a Burst. B1.2. Commercial Messages. Customer acknowledges that the Service is intended solely for Commercial Messages and shall not be used for mobile to mobile peer to peer messaging…, , B2. Commercial Terms, B2.1. Price Increases. Unless otherwise agreed in an Order Form, Sinch may modify any fees in its sole discretion upon written notice., , Glossary, “, Access Number, ” means a set of digits used to enable Customer to send and/or receive Messages or calls as part of a Customer Service. Access Numbers shall include ‘short-codes’ and ‘long-codes’ as applicable. “, 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 digital message containing Customer Data in a form for delivery via Short Message Service (SMS), Multi-Media Messaging Service (MMS) technology, Internet Protocol (IP) or other technology, protocols or standards used to transmit mobile digital content or information. “, Service Provider, ” means any entity, including, but not limited to, mobile network operators and mobile messaging aggregators, that is used in relation to the supply of the Service. “, Service Provider Conditions, ” means the rates, terms and conditions and “codes of conduct” or message content rule and restrictions imposed by the applicable Service Providers on the provision of the Service and conduct of Customer Services as a condition of permitting SINCH to provide the Service and Customer to conduct Customer Services, whether such Service Provider Conditions are incorporated in the terms of this…
Type: Legal page
Version 5 - Date of release: 21 February 2022. These supplemental terms and conditions (“, Supplement, ”) are part of an agreement for certain SINCH services (“, Agreement, ”) between SINCH and Customer and apply solely to the SINCH social channel services (“, Service, ”) and not any other SINCH product or service. Capitalized terms are defined in the Glossary below. Capitalized terms not defined in this Supplement shall have the meanings ascribed to them in the General Terms and Conditions for SINCH Services (“, GTC, ”)., , Part A – Legal Terms, , A1. Services, A1.1. 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…, 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…, 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., , A2. Compliance, A2.1 Requirements., The provisions of Sections 2.5 and 4.1(c) of the GTC shall apply equally to requests, directions and/or orders made or issued by any Service Provider. A2.2 Responsibility., SINCH 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…, Customer agrees that, with respect to its supply of the Service, neither SINCH nor any SINCH 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,…, 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. SINCH shall have no obligations to Customer or any third party with respect to Customer’s ascertaining or compliance with Social Media Platform Terms. For…, , Part B – Business Terms, , B1. Supply of the Service, B1.1. 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 SINCH for the right to use the other Services. Unless and until Customer has…, , B2. Customer Responsibilities, B2.1. Access and Connectivity, SINCH Network connection, . Customer is solely responsible, at its own expense, for establishing and maintaining its equipment, software, facilities, and its connection to the SINCH 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 Section A2.7, Customer must independently establish its physical and functional presence on each Social Media Platform as to which Message transmission is available from SINCH 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…, SINCH Dashboard, ., SINCH may, in its sole discretion, provide Customer with access to an SINCH world wide web interface (“, Sinch Dashboard, ”) which access will enable Customer to obtain statistical reports detailing Service activity. Access to the Sinch 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…, Traffic Forecasts, . Customer shall provide to SINCH 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”) SINCH may without any liability to Customer immediately suspend access to, and operation of, the Service. If Customer does not submit…, Subject to Customer’s full compliance with Section B2.1 above, SINCH shall provide to Customer Webhook via a URL provided by SINCH 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 SINCH Network and for any…, 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 SINCH with respect to Customer’s use of such Social Media Platform, SINCH shall have the right to charge Customer, and Customer shall pay,…, , 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 SINCH Network for transmission as a personalized notification or mass notification. “, Service Provider, ” means any entity, including, but not limited to, SINCH 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 Supplement, 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 SINCH to Customer, and integrated by Customer into Customer’s Message Application in connection with the SINCH Service.
Type: Legal page
Version 5 - Date of release: 21 February 2022. These supplemental terms and conditions (“, Supplement, ”) are part of an agreement for certain SINCH services (“, Agreement, ”) between SINCH and the Customer and apply solely to the SINCH services referencing this Supplement, including any SAAS services (“, Service, ”) and not any other SINCH product or service. Capitalized terms are defined in the Glossary below. Capitalized terms not defined in this Supplement shall have the meanings ascribed to them in the GTC., , Legal Terms, , 1. License, 1.1. In addition to Section 2.2 of the GTC, SINCH grants to Customer a personal, restricted, non-exclusive, non-transferrable and non-assignable license to use the Service through its Product Users in object code and to make the Product available to the End Users, both in accordance with this Agreement and the applicable Documentation for the Term of the Agreement. 1.2., With respect to Test Accounts and if applicable, the Customer is granted a limited, revocable, non-exclusive, non-transferable right to use the Service during a test term and subject to the Customer’s continued compliance with this Agreement, it being understood that Customers are not charged any fees during the test term. The scope of the Customer’s right to use the Service shall be determined…, , 2. Subscription Plans, 2.1. Details regarding the Features and Functionalities of the Service is set out in the Order Form. If the Customer wishes to make use of additional and available Features and Functionalities other than as agreed between Customer and SINCH, Customer may at any time request the purchase of Add-Ons for which the Parties shall sign a new Order Form. Upon request, SINCH shall inform the Customer…, , 3. Activation and Customized Services, 3.1. Unless customized Services relating to the activation, installation or set-up of the Product are requested pursuant Section 3.2 below, the Customer shall be responsible for performing the necessary activation, installation, set-up or software development works to install a version of the Product and integrate such Product in the Customer’s systems. For the avoidance of doubt, any such…, , 4. Customer Data, 4.1. The Customer acknowledges that the Product consists of certain algorithms and artificial intelligence and that for a proper and seamless functioning of the Product, the Customer is responsible to feed the Product with sufficient Customer Data. Except for Customer Data inputted by End Users, Customer Data may only be inputted by Product Users and in accordance with the guidelines provided…, All Customer Data shall remain property of the Customer. The Customer hereby grants SINCH the right to use such Customer Data (including any other content and information provided, transmitted or uploaded through the Service) for the performance of its obligations under this Agreement and to improve the functioning and provision of the Service. After termination or expiration of the Agreement,…, The Customer acknowledges and agrees that it shall solely be responsible for the Customer Data that is distributed or accessible through the Product. SINCH shall in no event be responsible or held liable for any such Customer Data. In particular, the Customer represents and warrants that no Customer Data is distributed through the Product that in any manner in SINCH’s sole discretion: (i)…, The Customer acknowledges and agrees that any violation by the Customer of the provision of this Section 4 shall entitle SINCH, at its sole option (i) to immediately terminate (or alternatively, at SINCH’s option, refuse or suspend any access to and use of the Product) for material breach, without any formalities being required and without prejudice to any other rights or remedies available to…, , 5. Third Party Components and Hosting, 5.1. The Customer acknowledges and agrees that in order to use the Service, it needs appropriate hardware, networks, operating systems, data transmittal lines with appropriate communication applications and environments. 5.2., The Customer acknowledges and agrees that in order to use the Service, it may need to obtain, at Customer’s expense, the right to use any software owned by third parties by either (i) purchasing from SINCH the right to use such third party software, provided and to the extent SINCH has the right to license such third party software to Customer and offers such opportunity to Customer, or (ii)…, , 6. Maintenance Services, 6.1. As from the Effective Date and subject to the timely payment of all applicable fees, SINCH shall provide third-line Maintenance Services in relation to the Product in the Customer’s production environment in accordance with the provisions set out below. 6.2. If an Incident is encountered by the Customer, the Customer shall first review and assess the Incident. If such assessment shows…, , 7. Intellectual Property Rights, 7.1. In addition to the provision in Section 10.1 of the GTC, SINCH is and remains the sole and exclusive proprietary owner of all Intellectual Property Rights related to the Product and the Services (including any new versions, updates, customizations, enhancements, modifications or improvements made to the Product or the Services). Except for the limited license granted pursuant to this…, The provision in Section 7.1 above and in Section 10.1 of the GTC regarding intellectual property rights in and related to the Service equally apply to the Customized Services and any related new version, updates, upgrades, customizations, enhancements, modifications or improvements made to or related to the Customized Services. 7.3. The Customer agrees not to remove, suppress or modify in any…, , 8. Third Party Claims, The Customer shall indemnify, defend and hold SINCH harmless from and against any damages, losses, costs and expenses (including reasonable attorney fees) suffered or incurred by SINCH (including its Affiliates, agents, contractors, directors, employees or representatives) arising out of or relating to Customer Data, including (without limitation) Customer’s or End Users’ infringement of any…, , 9. Termination, The provision in Section 6.3 of the GTC equally applies in case the Customer breaches or violates the terms and conditions of the Hosting Partner or the applicable third party software., , 10. Disclaimer, The disclaimer in Section 7.5 of the GTC relating to the Service equally applies to the Customized Services., , 11. Limitation of Liability, In addition to Section 9.3 of the GTC, SINCH shall not be held liable in any way, neither contractually nor extra-contractually, for discontinuing an older release of the Product or for damages caused by the wrongful (or out of scope) use of the Product., , 12. Survival, The provisions of this Supplement that are expressly or implicitly intended to survive termination, shall survive expiration or termination of the Agreement., , Glossary, In this Supplement, unless otherwise specified, the following definitions will apply: “, Add-On, ” means an addition of a certain Feature or Functionality that is not included in the applicable Order Form. SINCH reserves the right at all times to determine which specific Feature and Functionality it may separately offer. Upon request, SINCH shall inform the Customer of the available Add-Ons. “, Business Day, ” means a normal working day of SINCH from 8.30 a.m. to 5.30 p.m. from Monday to Friday, excluding relevant public holidays. “, Customer Data, ” means all data proprietary to or held by the Customer which is inputted or uploaded by the Customer, the Product Users or the End Users when using the Product and as processed or stored by SINCH as a result of the Customer, the Product User or the End User using the Product. Customer Data shall also include (i) output data resulting from the processing by the Product of the entered data by the…, Effective Date, ” means the effective date as set forth in the Order Form. “, End User, ” means any individual to whom the Product will be made available by the Customer and who will be able to use the Product as an end user, e.g. the End User of the Product available in a channel such as web, messaging or telephone. “, Features or Functionalities, ” means the features or functionalities available in the Product as included in the applicable Order Form such as (without limitation) number of chatbots, number of test bots, number of documents, number of Product Users, volumes of messages, communication channel through which the Products can be made available to End Users and any other variable specific in the Order Form. SINCH reserves the…, Hosting Partner, ” means any provider of hosting services SINCH might contract in the future as will be notified to the Customer from time to time. “, Incident, ” means a malfunctioning of the Product. “, Maintenance Services, ” are the maintenance and support services related to the Product provided by SINCH to the Customer as described in Section 6. “, Out of Scope Incident, ” means an Incident that is not caused by or related to the Product such as (without limitation) Incidents due to malfunctioning of interfaces, Incidents caused by non-supported data formats and Incidents caused by problems in third party software. “, Product User, ” means a physical person in Customer’s organization (employees and contractors) who is granted access to the Product by the Customer for the purposes of (i) using the Product by feeding it with content (such as, without limitation, Customer Data) in order to use the Product and (ii) receiving Maintenance Services. The amount of Product Users is strictly limited to the amount corresponding to the…, Product, ” means the Product as identified in the Order Form. “, Customized Services, ” mean development, implementation and integration services (including, but not limited to customizations), Maintenance Services or such other services in relation to the Product to be delivered by SINCH to the Customer as may be agreed between the Parties from time to time and set out in the Order Form and/or a Statement of Work. “, Resolution Time, ” means the period starting at the end of the Response Time and ending when a resolution to an Incident has been provided by SINCH to the Customer. “, Response Time, ” means the period starting from the moment when SINCH has investigated an Incident and the Incident Report provided by the Customer and ending when SINCH has provided a written acknowledgment that the Incident report has been received and understood. “, Service, ” means SINCHs provision of the Product and applicable Documentation as described in the Order Form. “, Statement of Work, ” means a written document that Parties may enter into from time to time describing the Customized Services that SINCH is to provide in connection with the Service. “, Test Account, ” means an account with a limited scope of Features and Functionalities (as made available by SINCH in its sole discretion) to which a Customer subscribes free of charge, but which is only available during a test term and for limited use of the Service only (as set out in the Agreement).
Type: Legal page
Version 5 - Date of release: 21 February 2022., General Terms and Conditions for Sinch Services (“GTC”), , 1. Definitions, Capitalized terms are defined in the Glossary at the end of this document., , 2. Supply of service and restrictions, 2.1 Supply of Service. Subject to the terms of the Agreement, Sinch will make the Service available to Customer. 2.2 Grant of Rights. Sinch grants to Customer a non-exclusive and non-transferable right to use the Service and Documentation as permitted under the Agreement solely for the Customer’s internal business operations. 2.3 Acceptable Use Policy. With respect to the Service, Customer…, 3. Sinch responsibilities, 3.1 Provisioning. Sinch provides access to the Service as described in the Agreement. 3.2 Support. Sinch provides support for the Service as referenced in the Order Form. 3.3 Modifications. The Service and Sinch Policies may be modified by Sinch. Sinch will inform Customer of modifications by email, the support portal, release notes, Documentation or the Service. The information will be…, , 4. Customer responsibilities and customer data, 4.1 Customer Obligations. Customer shall: comply with all laws and regulations applicable to it in connection with the Customer Data and Customer’s use of the Service, including but not limited to telecummunication laws and regulations, export control laws and regulations, economic, trade and financial sanctions laws, regulations, embargoes, restricted state lists or restrictive measures…, , 5. Fees and taxes, 5.1 Fees and Payment. Customer will pay fees as stated in the Order Form. For nonpayment, SINCH may, after prior written notice, suspend Customer’s use of the Service until payment is made. Customer cannot withhold, reduce or set-off fees owed during the Term. For any invoice the Customer fails to pay by its due date, interest will thereafter accrue on such unpaid amount at the maximum…, , 6. Term and termination, 6.1 Term. The Term is as stated in the Order Form. 6.2 Termination by Either Party. A party may terminate the Agreement: upon thirty (30) days written notice of the other party’s material breach unless the breach is remedied during that thirty-day period; as permitted under Sections 3.3(b), 7.3(b), or 8.1(c) (with termination effective thirty (30) days after receipt of notice in each of these…, , 7. Warranties, 7.1 Compliance with Law. Each Party warrants its current and continuing compliance with all laws and regulations applicable to it in connection with (i) in the case of Sinch, the operation of Sinch’s business as it relates to the Service and (ii) in the case of Customer, the Customer Data and the Customer’s use of the Services. 7.2 Good Industry Practices. Sinch warrants that it will provide…, , 8. Third party claims, 8.1 Claims Brought Against Customer. Sinch will defend Customer against claims brought against Customer by any third party alleging that Customer’s use of the Service infringes or misappropriates a patent claim, copyright, or trade secret right. Sinch will indemnify Customer against all damages finally awarded against Customer (or the amount of any settlement SINCH enters into) with respect to…, , 9. Limitation of liability, 9.1 Unlimited Liability. Neither party will exclude or limit its liability for damages resulting from: Sinch’s obligations under Section 8.1(a); Customer’s obligations under any Indemnity; unauthorized use or disclosure of Confidential Information; fraud or fraudulent misrepresentation; death or bodily injury arising from either party’s gross negligence or willful misconduct; any failure by…, , 10. Intellectual property rights, 10.1 Sinch Ownership. Sinch, its Affiliates or licensors own all intellectual property rights in and related to the Service, Documentation, design contributions, related knowledge or processes, and any derivative works of them. All rights not expressly granted to Customer are reserved to Sinch, its Affiliates and its licensors. 10.2 Customer Ownership. Customer retains all rights in and…, , 11. Confidentiality, 11.1 Use of Confidential Information. The receiving party will protect all Confidential Information of the disclosing party as strictly confidential to the same extent it protects its own Confidential Information, and not less than a reasonable standard of care. Receiving party will not disclose any Confidential Information of the disclosing party to any person other than its personnel or…, , 12. Data protection, 12.1 Data Controller. The Customer acknowledges that Sinch in certain situations shall act as: an independent Data Controller with respect to the processing of Personal Data that is necessary for the operation of the Services, which shall include the processing of any information processed for the purpose of the conveyance of a communication on an electronic communications network, for the…, , 13. Miscellaneous, 13.1 Severability. If any provision of the Agreement is held to be invalid or unenforceable, the invalidity or unenforceability will not affect the other provisions of the Agreement. 13.2 No Waiver. A waiver of any breach of the Agreement is not deemed a waiver of any other breach. 13.3 Electronic Signature. Electronic signatures that comply with applicable law are deemed original…, Glossary, “, Affiliate, ” means Sinch or any legal entity in which Customer or Sinch, directly or indirectly, holds more than fifty percent (50%) of the entity’s shares or voting rights. Any legal entity will be considered an Affiliate as long as that interest is maintained. “, Agreement, ” means an Order Form and documents incorporated into an Order Form. “, Confidential Information, ” means with respect to Customer: (i) Customer marketing and business requirements, (ii) Customer implementation plans, and/or (iii) Customer financial information, and with respect to Sinch: (i) the Service, Documentation, and analyses under Section 3.5, and (ii) information regarding Sinch research and development, product offerings, pricing and availability. Confidential Information of either…, Customer Data, ” means any content, messages, data and/or information that Customer delivers or uploads to the Sinch Network or to a Service or provides via a Service. Customer Data and its derivatives will not include Sinch’s Confidential Information nor any usage data that arises or Sinch generates in the supply of the Service. “, Data Controller, ” means given to it in the GDPR. “, Data Processor, ” means given to it in the GDPR. “, Data Protection Agreement, ” is the Data Protection Agreement (“, DPA, ”) applicable on the Services, and of which the most recent version can be found at https://www.sinch.com/data-protection-agreement/ . “, Data Protection Legislation, ” means the relevant laws and other regulations applicable to the collection, use, storage, disclosure or otherwise processing personal data (such as but not limited to and as far as applicable the General Data Protection Regulation or the “, GDPR, ”) and as is further defined within the Data Protection Agreement. “, Documentation, ” means Sinch’s then-current technical and functional documentation as well as any service descriptions and roles and responsibilities descriptions, if applicable, for the Service which is made available to Customer with the Service. “, Excluded Event(s), ” means any of the following: (i) a fault in, or any other problem associated with, systems not operated or managed by Sinch; (iii) any breach of the Agreement by the Customer or a third-party within the Customer’s direct control or any third party supplier to the Customer;(iv) any act by the Customer which interferes with or impedes the supply and support of the Service; (v) any suspension of…, General Data Protection Regulation, ” or “, GDPR, ” the General Data Protection Regulation (EU) 2016/679 of the European Parliament and the Council, as amended, supplemented and/or varied from time to time. “, Indemnity, ” means any section within an Order Form, Supplement or GTC identified as an indemnity either by its wording or its heading. ", Intellectual Property Rights, " means copyrights, database rights, patents, patent applications, patent rights, trademarks, trademark applications, trademark registrations, trademark rights, trade secrets, rights in know-how and all other intellectual property and propietary information rights as may exist now or hereafter come into existence under the laws of any country and all pending applications for and right to apply…, Order Form, ” means the ordering document for a Service that references the GTC. “, Personal Data, ” information about an individual that is defined as “personal data” or “personal information” as defined within the Data Protection Agreement and, if necessary, further defined within in the applicable Data Protection Legislation, such as but not limited to the GDPR “, Service, ” means any distinct service or services that Sinch provides pursuant to an Order Form including any support associated with such service or services. “, Sinch Policies, ” means the operational guidelines and policies applied by Sinch to provide and support the Service as incorporated in an Order Form. “, Sinch Network, ” means the digital networks (wireless or otherwise), server(s), hardware, software and/or any other equipment that Sinch uses, in its sole discretion, in connection with the supply of the Service and whether owned by Sinch or any outsourced service provider and including any extranet access provided by Sinch in connection with the supply of the Service. “, Supplement, ” means the Supplemental Terms and Conditions that apply to the Service and that are incorporated in an Order Form. “, Term, ” means the term identified in the applicable Order Form, including all renewals.
Type: Legal page
Version 5 - Date of release: 21 February 2022. This Service Level Agreement (“, SLA”, ) is part of an agreement for certain SINCH services (“, Agreement, ”) between SINCH and Customer and apply solely to the Services and not any other SINCH product or service. Capitalized terms are defined in the Glossary below. Capitalized terms not defined in this SLA shall have the meanings ascribed to them in the General Terms and Conditions for SINCH Services (“, GTC, ”)., , General, Sinch will make the Service available to Customer as specified in the Order Form and the Agreement and in accordance with the service level as described in this SLA., , Service Availability, Sinch will use reasonable endeavors that the Service will be available 99.95% of the time, in the manner, and with the exceptions, set forth below. Availability of the Service will be calculated each month, as a percentage based on the fraction below: Measurement Period – Unavailability —————————————————— Measurement Period , Service Windows, Notifications about scheduled service windows (excluding unplanned/emergency maintenance) will be sent no less than 10 business days in advance. The standard service windows are: US Sites: Tuesday & Thursday 1AM – 4AM PST/PDT Other sites: Tuesday & Thursday 9PM – 12AM CET/CEST Service windows may be extended or shortened as needed and may fall on different times or days as needed., , SMS Latency, SMS Content delivery latency varies between destinations and depends on the handset status. Sinch will promptly acknowledge receipt of Content upon actual receipt. Sinch measures latency across all traffic per month sent to valid and available handsets. Increased latency due to reasons outside Sinch control, such as Service Provider outages are excluded. Latency Type Sinch Target Performance…, , Helpdesk and Fault Reporting, The Help Desk is available 24/7. Customer may contact Sinch’s Help Desk via email at support@sinch.com telephone to +1 408 617 3700 x1 (Americas customers), +65 6248 5915 (APAC Customers) or +44 20 8432 1248 (EMEA customers) to report faults, in accordance with the Fault Reporting Method set out in Section 7. Fault reports should include: Nature of the fault Priority level in accordance with this…, , Priority Levels, Priority Definition P1 Total loss of Service, whereby the Customer is unable to send, unable to receive or unable to send to or receive from all Service Providers networks. P2 Partial loss of Service, whereby there is an inability to send or receive from specific Service Provider’s numbers or multiple networks. P3 The Service is degraded such that any agreed levels of throughput and/or latency…, , Fault Response, Sinch shall utilize commercially reasonable efforts to deliver minimum 90% of below-mentioned fault response performance services in accordance with the following times and accuracy targets. Stage \ Priority P1 P2 P3 P4 Initial Response Time 30 minutes 1 hour 24 hours 48 hours Target Restoration (work around) 2 hours 4 hours 2 working days 7 working days Target Resolution 5 working…, , Contacts, Level of Contact Contact Details Sinch Contact Details Customer Level 1 NOC. Technical staff on duty NOC Staff (24/7) Phone Americas: +1 4703008394 Phone APAC: +65 31583155 Phone EMEA: +46 844682803 Email: support@sinch.com NOC Staff tel/mob: email: Level 2 Account Manager [Account Manager] Phone: (business hours) Email: Name Title tel/mob: email: Level 3 Manager, Fault Management NOC Duty…, , Glossary, “, Availability, ” means the percentage of the “Measurement Period” during which the Sinch “Service(s)” is made available to the Customer. “, Delivery Receipt Latency, ” means the time from Sinch’s acknowledgement of Content reception, until Content delivery receipt is received by Sinch from relevant Service Provider. No latency target will be given for Delivery Receipt Latency since Service Provider can deprioritize Content delivery receipts. “, Exclusion(s), ” means unavailability of the Service for one or more of the following reasons: Any scheduled maintenance for which Sinch gives prior notice. Failure of, or congestion experienced in any part of a network outside of where the Service are hosted (e.g. Service Providers or internet); Causes beyond any party’s reasonable control as referred to in the Agreement; Suspension of the Services in…, Fault Reporting Method, ” means the way faults must be reported in order for Sinch to appropriately investigate the fault. “, Handset Latency, ” means the time from Sinch’s acknowledgement of Content reception, until Content is delivered to relevant handset. “, Initial Response Time, ” means the target time to respond to Customer’s notification to Sinch of a fault. “, Internal Latency, ” means the time from Sinch’s acknowledgement of Content reception, until processed by Sinch and Content reception acknowledged by relevant Service Provider for onward delivery to handset. “, Measurement Period, ” means one (1) calendar month starting from the first day of that specific calendar month (UTC). The time is calculated in minutes. “, Progress Reports, ” means recurring updates on the fault until restoration or resolution, as applicable. “, Service, ” means for the purpose of this SLA, the SMS, MMS or RTC API based services ordered by the Customer under an Order Form. “, Target Resolution, ” means the target time from when Customer has reported the fault until resolution of the fault. “, Target Restoration, ” (Work around) means the target time to find a temporary workaround for the reported fault. A temporary workaround is a solution, which substantially restores regular Service, although some non-material problems may persist. “, Unavailability, ” means a minimum continuous 5-minute periods that the Sinch “Service(s)” is not responding adequately to incoming requests, and/or are not establishing outgoing connections per region as intended, in each case expressed in number of minutes.
Type: Legal page
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…, 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.…, , 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…, , 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…, , 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…, , 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…, , 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…, , 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.
Type: Legal page
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…, 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.…, , 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…, , 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…, , 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…, , 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…, , 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…, , 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.
Type: Legal page
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…, 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.…, , 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…, , 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…, , 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…, , 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…, , 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…, , 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.
Type: Legal page
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…, 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.…, , 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…, , 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…, , 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…, , 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…, , 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…, , 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.
Type: Legal page
