Legal

Terms of Service

Terms of Service

Welcome to Sinch!

The Sinch services are provided by Sinch AB, a company incorporated in Sweden under registration number 556969-5397, whose registered office is at Box 1182, 131 27 Nacka Strand, Sweden (“Sinch” or “We”).

These terms of service comprise the terms and conditions set forth herein and any additional terms and conditions provided on the Site including but not limited to Sinch Privacy Policy  (together “Terms of Service”) and govern Your use of the Services.

1. Acceptance of Terms

You accept to be bound by the Terms of Service if You: (i) create an Account; (ii) download any Software or otherwise (iii) use the Services. Once accepted the Terms of Service constitute a binding agreement between You and Sinch.

Sinch may without prior notice, and with immediate effect, renew, modify or amend the Terms of Service. Any new version of the Terms of Service are made available on the Site. If You continue to use the Services You accept such revisions.

If You agree to these Terms of Service on behalf of Your employer and/or a legal entity, You represent and warrant that You have the right to enter into the Terms of Service on behalf of such other party. If You do not have such authorization, You must not enter into the Terms of Service and thus not use the Services.

2. DEFINITIONS AND INTERPRETATION

Account Records” means information made available by Sinch to You when You log in to the Account and may include information relating to various activities on the Account, historical information about use of Products and/or other parts of the Services, information about payments, calling and message history during a limited period, and Your current Account balance etc.

Active Device” means a Partner Application or other device that has connected with the Sinch Server within a particular calendar month, regardless if any Products have been used.

API(s)” means the Sinch application programming interfaces contained in the Sinch Server;

Confidential Information” means any information or data, regardless of whether it is in tangible form, and that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. Not limiting the aforesaid, for the purpose of the Terms of Service, the Software, Partner Credentials and furthermore, any personal information relating to an End-User shall always be considered Confidential Information.

Documentation” means any technical or other specifications or documentation that Sinch may make available or provide to You on relating to the use of the Services (including, but not limiting to user manuals, user guides, tutorials and reference documentation);

End User” means a person (individual or legal entity) using a Product through the Partner Application (this person may be You or a third party, as applicable).

Product” means a product, with specific features and functionality, presented on the Site and made available for integration in the Partner Application, such as App-to-App Calling, App-to-Phone Calling, Instant Messaging and Send SMS.

Partner Application” means the application that You will develop, in which the Software will be incorporated and which will provide user access to the one or more Products, and “application” shall mean one or more software programs developed by You under Your own trademark or brand and which will be provided to End-User’s smart phones from market places such as Apple App Store or Google Play;

“Partner Credentials” means the identifications information, e.g. email address and password, used to identify Your use of the Services;

“PSTN” means Public Switched Telephone Network;

Sinch Server” means server(s) which are used by Sinch for providing the Services, and to which the Partner Application shall connect;

Services” means the services as described in the Terms of Service or at the Site or otherwise provided by Sinch to You or (indirectly) to an End User under the name of Sinch. The Software, Product(s), Documentation and, not limiting the aforesaid, any and all intellectual property rights owned by Sinch or licensed to Sinch by the right(s) owner, shall for the purposes of the Terms of Service be deemed to be a part of the Services.

Site” means the website www.sinch.com or such other websites that are operated by Sinch from time to time under the name of Sinch.

Software” means any and all SDK(s), API(s) and all other software and all types of codes (source code, binary code etc.), and any versions hereof, made available to You (and indirect any End User) or otherwise used by Sinch or You (and/or indirect any End User) in relation to the provision and use of the Services. For the purpose of clarification; the term Software shall also include any Update that may be made available by Sinch from time to time.

SDK(s)” means the Sinch Software Development Kit(s);

Update” means bug fixes, updates, modifications, enhancements, supplements and new releases of the Software, or to any part of the Software; and

You” means the individual accepting to be bound by the Terms of Service or the legal entity such individual represent (as applicable) and which develop and manage the Partner Application.

3. LICENSES ETC.

3.1               Subject to the Terms of Service, We hereby grant You a non-exclusive, non-transferable, non-sub-licensable, revocable, worldwide license to use the Services solely to integrate, manage and use one or more Products in the Partner Application and offer and make the Products which You have integrated in the Partner Application available, on the terms and conditions set forth in the Terms of Service, for use by End Users.

3.2              Except to the extent expressly permitted by any applicable third party license (Third Party Licenses), You may not copy (except for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the Software or, to the extent applicable, any other part of the Services (or permit or assist any third party in such activities). You must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Software.

3.3              The Software may contain open source software. Any use, reproduction and distribution of components of the Software licensed under an open source software license is governed by the terms of such open source software license, however to the extent permissible thereunder and otherwise if applicable, the Terms of Service shall apply with priority over such open source software license.

3.4              You agree to that, during the term of the Terms of Service, Your name and standard logo may be included by Sinch on the Sinch client list published on the Site and/or in its sales materials. Sinch shall be entitled to use said materials freely in its commercial efforts. Any other use of Your name or logo shall only occur with Your prior approval which You may withhold in Your own discretion.

3.5              Nothing in these Terms of Service give You a right to use any of Sinch’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, except as may be contained in or otherwise used within the Services.

3.6              The licenses granted to You as described in this Section 3 will terminate automatically in the event of any termination of the Terms of Service.

3.7              We are required to inform You that we have has a license to U.S. Patent No. 7,346,156.

4. YOUR ACCOUNT

4.1               In order to use the Services, You are required to register as a user with Sinch on the Site. You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the Services, as well as any additional information provided or any amendments made by You. Subject to such registration You will receive access to Your Sinch account (the “Account“).

4.2              You are, without limiting anything else set forth in the Terms of Service, responsible for all activities that occur on or under the Account, regardless of whether the activities are undertaken by You, Your employees (including your contractors or agents) or a third party and whether or not authorized. Except to the extent caused by our breach of the Terms of Service, We are not responsible for any unauthorized access to the Account. You are required to contact Sinch immediately if You suspect that an unauthorized third party may be using the Account or if Your password or any other account information is lost or stolen. You may terminate the Account and the Terms of Service at any time in accordance with Section 16.

5. USE OF THE SERVICES

5.1               If You are residing in a jurisdiction where it is prohibited by law to offer or use the Services, You may not use the Services in such jurisdiction. Furthermore, You may not offer the Products to, or make the Products available for use by, End Users in a jurisdiction where such conduct is prohibited by law.

5.2              You agree to use a Product or any other part of the Services only in such way that is and for purposes that are permitted by (a) the Terms of Service and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software, including encryption software, to and from the European Union, the United States or other relevant countries). In this respect, without limiting any of the foregoing, You may not when using a Product or any other part of the Services (i) intercept or monitor, damage or modify any communication which is not intended for You, (ii) send any unsolicited commercial communication, (iii) use the Services in connection with any unsolicited or harassing messages or phone calls (commercial or otherwise), (iv) use the Services to harvest or otherwise collect information about third parties, (v) transmit or expose any material or otherwise use the Services in a way which infringe or violate the intellectual property rights or other rights of third parties, (vi) use the Services in any fraudulent way or engaging in other deceptive practices, (vii) transmit or expose any material, or in any other way use the Services in connection with material, that is offensive, invasive of privacy, defamatory, racist, pornographic, illegal, harmful to minors, indecent or otherwise, in Sinch’s sole discretion, is objectionable, (viii) develop. submit, publish or transmit any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs, (ix) launch or facilitate, whether intentionally or unintentionally, a denial of service attack on any part of the Services or any other conduct that adversely impacts the availability, reliability or stability of the Services or the services of a third party, (x) engage in any activity with or in relation to the Services, including the development, distribution and use of a Partner Application and/or a Product, that interferes with, disrupts, disables, damages, overburden, impair, or accesses in an unauthorized manner the servers, networks, or other properties or services of Sinch or any third party including, but not limited to any mobile communications carrier, (xi) violate the security or integrity of any network, computer or communications system, software application, or network or computing device, (xii) use manual or electronic means to avoid any use limitations placed in the Software or in other parts of the Services.

5.3              Not limiting anything else set forth in the Terms of Service, You may not use, export, import, sell or transfer the Software except as permitted by Swedish law. Therefore, the Software must neither be used, imported, sold, transferred, exported nor re-exported to North Korea, Iran or Syria. By entering into the Terms of Service and using the Services You warrant that You shall neither import nor re-export or in any other way transfer the Software to North Korea, Iran or Syria or any part subject to European Union financial sanctions.

5.4              You undertake to incorporate the Software in the Partner Application in a way that permits the Partner Application to connect to the Sinch Server, and by which the Services will be provided.

5.5              The Software provided under the Terms of Service contains cryptography and may therefore be subject to regulations regarding dual use products. You are aware and agree that the Services may only be used for civil purposes, and that the Services must never be used for any direct or indirect military or other purpose prohibited under any applicable regulation.

5.6              Not limiting anything else set forth herein, You agree that You are solely responsible (and that Sinch has no responsibility to You or to any End User or to any other third party) for any data, content, or resources that You and/or an End User transmit by using the Services, and for the consequences (including any loss or damage which Sinch may suffer) of such actions.

5.7              The content of the communications made using the Products are entirely determined by the person from whom such content originates. You, an End Users and/or other third parties therefore may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Sinch will not be liable for any type of communication spread by means of the Services.

5.8              You will take all reasonable precautions to prevent unauthorized access to or use of the Services and notify Sinch promptly of any such unauthorized access or use.

5.9              If applicable – You shall be liable in relation to Sinch for Your employees’ and consultants’ actions and for their observance of the Terms of Service.

5.10           You will be solely responsible for any and all use (whether or not authorized) of the Services relating to the Account and Partner Application, including, for the purpose of clarification, any and all use of a Product by an End User (whether or not authorized). You will ensure that all End Users comply with Your obligations under the Terms of Service and that the terms of Your agreement with each End User are consistent with the Terms of Service. If You become aware of any violation of Your obligations under the Terms of Service by an End User, You will immediately terminate such End User’s access to the Products (or other parts of the Service if applicable). In addition, You will also promptly notify Sinch of such breach. In this regard, we also remind You of Your responsibility and obligations in relation to an End User set forth in the Privacy Policy.

5.11            You are responsible for providing customer service to End Users (if any). Sinch does not provide any support or services to End Users unless We have a separate agreement with You or an End User obligating us to provide support or services.

5.12           You will not present yourself as an affiliate or other legal agent of Sinch in relation to an End-User or otherwise.

6. PROVISION OF THE SERVICES

6.1               You acknowledge that the features and functions of the Software and other parts of the Services may change over time. Sinch may without prior notice to You change the form and nature of the Software or other parts of the Services. This may inter alia lead to that future versions of the Software may be incompatible with applications developed on or with previous versions of the Software. Furthermore, Sinch may stop (permanently or temporarily) providing the Services to You or to users generally, at Sinch’s sole discretion and without prior notice to You. Sinch may make Updates of the Software at any time, but shall have no obligation what so ever to provide any Updates of the Software to You. It is Your responsibility to use the latest available version of the Software.

6.2              The Products or other parts of the Services do not, or are not intended to, support or carry any emergency calls to any kind of emergency centres, hospitals, law enforcement agencies, medical care units or any other kind of emergency services, and Sinch is not liable in any manner for any such calls. If/when You provide access to the Products (and other part of Services, if applicable) to any End User, You are responsible for informing the End-User that the Products (and other part of Services, if applicable) do not and cannot carry or support emergency calls. Furthermore, You undertake not to allow for any such emergency calls to be made by use of the Partner Application. The Software and other parts of the Services may contain inaccuracies or errors which may cause failure or loss of data and it may be incomplete.

6.3              You acknowledge that the Services may not always function disturbance free, i.e. that there may be disruptions, delay and other disturbances and that Sinch may, at its own discretion, provide the Services only to certain selected countries (in relation to the Products App-to-Phone Calling and Send SMS – for Sinch’s currently available destination countries refer to https://www.sinch.com/pricing/destination-price-list/). The Services are transmitted over the public Internet, which may cause disturbances in the Services, e.g. packet loss and delay due to inter alia power outages and Internet service disruptions. You agree and acknowledge that Sinch will not be liable for any disruption, delay, eavesdropping or other omission in the Services.

6.4             You understand that Sinch cannot guarantee that information or communications sent using the Services are not encrypted and could be potentially subject to interception by law enforcement officials or other third parties over the public Internet or otherwise.

6.5              You acknowledges that any data storage is not guaranteed by Sinch and agrees that Sinch shall not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You or an End User may incur with respect to the loss or deletion of any data.

6.6             As stated above any fraudulent use of the Products and/or any other parts of the Services, or any use for any illegal, improper or unethical purpose is strictly prohibited. Should Sinch find or have reasons to believe that You are or an End User is liable for any such use, Sinch has the right to cancel the Account immediately, without prior notice to You, and without any obligation to compensate You and/or any End User for any loss due to such cancellation. In addition, Sinch may prevent, at any time, in its sole discretion and without prior notice to You, any and all use of the Products or other parts of the Services for any reason whatsoever, including but not limited to, fraudulent patterns in the use of the Products, excessive usage, unlawful use, or any other misuse. Within such prevention, Sinch has the right to suspend the Account should Sinch have any reason to suspect that You misuse the Services. Furthermore, Sinch has the right, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Services or any part thereof, without any prior notice to You, for the repair, improvement, and/or upgrade of such service or for any of the reasons for termination set forth in these terms, or any other business reason.

6.7              Sinch may choose not to provide the Services or any part of the Services to countries or calling areas at its sole discretion.

6.8             Please note that Your and/or an End User’s access to and use of the Products or other parts of the Services may involve services provided by a third party service or content provider, including but not limited to any local mobile operator (“Provider“). It is important to recognize that You and/or an End User, when using the Products or other parts of the Services, may be subject to a Provider’s own terms of service etc. Example: In relation to the use of the Product App-to-Phone, as soon as the End User’s call is connected to a phone number provided by Sinch, the call may be charged by the End User’s Provider (regardless of whether You are connected to the receiver of the call, e.g. even if the line is busy).

Specific terms and conditions for the Products APP-TO-PHONE CALLING and SEND SMS

6.9             Sinch may, as part of the technical setup of the Products App-to-Phone Calling and Send SMS, pair You and or/an End User with one or more phone numbers. These phone numbers are shared by multiple Sinch customers and/or End Users. You expressly acknowledge and agree that this pairing of phone numbers with You and/or an End User shall not constitute a transfer of property or sale of numbering rights by Sinch to You and or/an End User. As a result, You and or/the End User will not be entitled to claim any such rights to these phone numbers. This means, without limitation, that You and or/the End User may not port-out any such phone number to any third party.

6.10          The phone numbers provided by Sinch do not and are not intended to support messaging via SMS, MMS nor FAX except as expressly stated on the Site.

6.11            You or an End User shall never be allowed to create and/or use a false phone number or otherwise act in such a way that the identity of the sender or the origin of a phone call or SMS is misleading to the receiver.

6.12           Please note that if an End User use the Products App-to-Phone Calling or Send SMS while he/she/it is in a country that is not the country associated with the End User’s fixed net or mobile phone provider or other applicable Provider additional charges may incur (“Roaming Charges”). Roaming Charges are charged in addition to any charges the End User’s Provider will apply when the End User is using these two Products from another country.

7. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

7.1               All ownership and intellectual property rights in or to the Software or the Services otherwise and any copies and derivative works thereof (regardless of form or media in or on which the original or other copies may exist), including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in Sinch, or Sinch’s licensors, and nothing in these Terms of Service shall constitute or be interpreted as a transfer of any such rights from Sinch to You or anyone else. You are, as stated above, solely entitled to the limited license to the Services specifically granted under this the Terms of Service.

7.2              You acknowledge that the structure and code of the Software are valuable trade secrets of Sinch which shall remain the sole property of Sinch.

8. FEES AND PAYMENTS ETC.

8.1               Use of the Products and other parts of the Services may incur fees to be paid by You as set forth below. Note that different payment regimes applies to different Products.

Payment terms applicable for all Products

8.2              For all Products a post-paid monthly fixed fee based on usage tiers will apply. There are four different usage tiers: Free, Basic, Pro and Pro Plus. Except for the Free usage tier a specific fixed monthly fee applies for each tier. The applicable fee for each usage tier is available on the pricing page. Each usage tier is limited by both (i) the number of Active Devices and (ii) the number of minutes/messages for the app-to-app features on a calendar month basis. If any of these limits is exceeded at some point in a particular calendar month, You will automatically be upgraded to the applicable tier and will, for that particular month, be invoiced based on the new applicable tier. The same principle will apply if You during a particular calendar month fall below the tier limits, i.e. then You will be moved down to and invoiced in accordance with the tier corresponding to Your use that particular calendar month.

8.3              Sinch will invoice You monthly in arrears. The invoice currency will be US dollars (USD). The invoice will be sent to the email address stated by You in connection with the registration of the Account. The invoiced amount are due thirty (30) days after the date of the invoice. Upon late payment a late payment charge of 1.5 percent per month or the maximum charge permitted by applicable law (whichever is less) will apply.

8.4             Unless stated otherwise, all fees and charges for the Services (and, in particular the use of the Products) shall be stated in US dollars (USD).

8.5              All fees and charges stated on the Site shall be exclusive of value added taxes (VAT) or any other applicable taxes or fees. You shall be responsible for paying any and all VAT or any other applicable taxes or fees applicable to the Services.

8.6             The fees and charges for the Services are, as mentioned above, published on the Site. Sinch reserves the right to change the fees and charges at any time without prior notice. If You do not wish to accept such adjustments of the fees and charges, You are entitled to terminate the Account with effect from the date on which the adjustment of the fees and charges would become effective. You agree that by continuing to use the Services, following the adjustments of the fees and charges, You accept such adjustments.

8.7              Amounts to be paid by You (or credits removed from Your account balance, as set forth below) shall be made based on the statements of the user records generated by Sinch indicating applicable tier and/or, in relation to the Products App-to-Phone Calling and Send SMS, volumes, destinations etc. Furthermore, You agree that, in absence of contradictory reports, Sinch’s logs and records shall be considered final and conclusive evidence.

8.8             Not limiting anything else set forth in the Terms of Service, You acknowledges that, in the event that the usage exceeds the amounts prepaid by You (as set forth below) or any other failure to pay amounts due as described in this Section 8, Sinch will be entitled suspend the Services associated with the Account without prior notice to You. Sinch will not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur with respect to any such suspension.

8.9             If You believe that Sinch has invoiced You an incorrect amount or removed credits from Your account balance (as set forth below) in error, You must submit a written request in English for refund by contacting Sinch’s customer support via hello@sinch.com within 30 days after the invoice date or within 30 days after the date the error first appears in the Account Records or within 120 days after the error occurred, whichever is earlier. Upon expiration of the time periods (respectively) described in this Section, You will not be entitled to dispute any fees paid or payable by You.

8.10          Please note The Account Records is the only statement of the Account that Sinch will provide to You. It is Your responsibility to print or save a copies of Your Account Records, receipts and invoices and to retain copies for Your records. Sinch will use commercially reasonable efforts to correct any technical failures relating to the Account Records within a reasonable time. However, Your inability to view the Account Records does not extend, or relieve You of, Your obligation to pay any amounts owing to Sinch.

Specific payment terms for the Products APP-TO-PHONE CALLING and SEND SMS

8.11            For the Products App-to-Phone Calling and Send SMS (involving placing calls and SMS over the PSTN) a pre-paid fee structure will apply, meaning that You will be able to use these Products as long as You have enough credits in the Account. When these Products are used credits will be deducted from Your account balance, based on the applicable per minute or per message fee. If there are not enough credits, the service will be interrupted (i.e. no calls to phones will be allowed, and no SMS will be sent). Aforesaid fee amounts will vary depending on inter alia the destination country for a particular call or SMS. Pricelists with the current applicable call and SMS fees for the various destination countries supported by Sinch are available on the Site (https://www.sinch.com/pricing/overview/).

8.12           To buy credits for these pre-paid Services, log into the Account and click on “Add Credit”. Choose Your preferred payment method and the amount You wish to pay. Payments are either made manually by You or through the automatic recharge function activated by You in the Account (e.g. by connecting a credit card to the Account). The automatic recharge function ensures that when the credit balance on the Account is below a certain level, the Account will automatically be recharged with a certain pre-selected amount. Upon pre-payment Sinch will send You a receipt to Your registered email.

8.13           A credit balance for the Services on the Account expires 12 months after the last time a Product was used, i.e. credit balances that are not used within the said 12 months period will be lost.

8.14          Upon termination of the Terms of Service for whatever reason, any remaining pre-paid cash amount on the Account exceeding one hundred (100) US dollars (USD) will be repaid by Sinch. The aforesaid is conditioned by that You, not later than thirty (30) days after the Terms of Service were terminated, present a written request to Sinch for repayment and that You provide the correct and sufficient details on where Sinch shall transfer the money. Sinch will process the request and the pay-out as swiftly as commercially reasonable. For the purpose of clarification; only cash amounts paid by You by cash transfer can be subject to repayment, i.e. no amounts on the Account which may be derived from any type of voucher or campaign offers will be paid out.

9. NO WARRANTY

9.1               You expressly agree and acknowledge that the Services are provided “as is” and that any use of the Services (by You and/or an End User) is made on Your sole responsibility and that Sinch does not make any warranty, express or implied, regarding the Services and expressly disclaims any warranty of title, non-infringement, merchantability, integration, satisfactory quality, or fitness for a particular purpose.

10. INDEMNITY

10.1            You agree to indemnify and hold Sinch (incl. the officers, employees, agents or other partners of Sinch), harmless from any claim or demand or governmental investigation or enforcement action (including without limitation attorneys’ fees) made by any third party due to or arising out of Your or an End User’s use of the Services, Your or an End User’s breach of the Terms of Service, the Partner Application or Your or an End User’s violation of any rights of another person or entity.

10.2           You agree that You are solely responsible (and that Sinch has no responsibility to You or to any third party) for any breach of Your obligations under the Terms of Service, any applicable third party contract or any applicable law or regulation, and for the consequences (including any loss or damage which Sinch or any third party may suffer) of any such breach.

10.3           You may not enter into any settlement or like agreement with any third party that affects Sinch’s right or binds Sinch in any way, without the prior written consent by Sinch.

11. LIMITATION OF LIABILITY

  1. limitation of liability

11.1             Sinch shall in no event be liable to You under the Term of Service for any loss of profit, revenue, business savings, goodwill, Your obligation to compensate a third-party or any indirect or consequential damage.

11.2            Sinch’s aggregate and total liability under the Term of Service in respect of any one or more events or series of events (whether connected or unconnected) which may occur under the Term of Service shall in no event exceed one (1) price base amount in accordance with the Swedish Social Security Code (2010:110).

12. CONFIDENTIALITY

12.1            You agree to protect all Confidential Information using at least the same degree of care that You use to protect Your own confidential information, however not less than a reasonable degree of care. You agree to use Confidential Information solely for the purpose of exercising Your rights and performing Your obligations under the Term of Service and agree not to use the Confidential Information for any other purpose, without Sinch’s prior written notice.

12.2           Furthermore, You agree not to make the Confidential Information available to a third party without Sinch’s prior written consent and to take all reasonable measures to ensure that any Confidential Information is not divulged, disclosed or otherwise furnished, directly or indirectly, to any third party.

12.3           Your confidentiality obligation under this Article 14 shall not apply to Confidential Information which You can show:

(i)        is already known by You when received;

(ii)           is or has becomes public knowledge other than by breach of this Agreement;

(iii)          is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; or

(iv)          is to be made publicly available due to a court order, a decision by a public body or as otherwise required by mandatory law.

12.4           You agree to (if applicable) impose on Your employees and consultants, in an appropriate manner, the obligations of confidentiality in this Article 14.

12.5           Your obligations under this Article 14 shall be valid during the term the Terms of Service and continue for a period thereafter of five (5) years after expiration or termination of the Terms of Service, regardless of the reason therefore.

12.6           Sinch reserves the right at all times to disclose any information as Sinch deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Sinch’s sole discretion.

12. MISCELLANEOUS

13.1            Sinch has the right to collect certain usage statistics from the Software and other information relating to the use of the Services, including but not limited to a unique identifier, associated IP address, version number of the software, call quality, call length and any other call related statistics. Remember that Sinch Privacy Policy is by reference an integrated part of the Terms of Service and that additional provisions concerning the collection and use of information in relation to the Services are set forth therein.

13.2           The Terms of Service constitute the entire agreement between You and Sinch regarding the use of the Services licensed hereunder and supersedes all prior understandings regarding such subject matter.

13.3           Sinch may assign all or part of the the rights or obligations under the Terms of Service without notice to You. Sinch is then released from all liability. You may not assign the rights or obligations under the Terms of Serivce to any third party without the prior written consent of Sinch.

13.4           Headings used in the Terms of Service are for convenience only and shall not affect the interpretation of the Terms of Service.

13.5           If a court or arbitration panel finds any article of the Terms of Service to be invalid or unenforceable for any reason, the remainder of the Terms of Service shall continue in full force and effect.

13.6           Any notice from You to Sinch will be given in writing by personal delivery, certified mail, return receipt requested, or by overnight delivery (Sinch’s address is found on the very top of this document) or by email (hello@sinch.com). Sinch may, when sending any notices to You, use Your email address stated in the Account or any mail address or other address, as provided by You in connection with billing and payment activities etc.

14. TERM AND TERMINATION

14.1            The Terms of Service shall commence as set forth in Article 1 above, and continue to be in full force until terminated. Sinch has the right to terminate the Terms of Service if You fail to comply with any term of the Terms of Service. Furthermore, either party may terminate the Terms of Service for its convenience effective thirty (30) days after providing the other party written notice of termination.

14.2           Upon termination of the Terms of Service for whatever reason, You agree to immediately cease all use of the Services and to erase and destroy all copies of the Software or other part of the Services in Your possession or control. Sinch will not have any liability to compensate You for any damages which You may suffer due to Sinch’s termination of the Terms of Service.

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1            The Terms of Service shall be governed by and construed in accordance with Swedish substantive law.

15.2           Any dispute, controversy or claim arising out of or in connection with the Terms of Service, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”).

15.3           The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply, unless the SCC Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators.

15.4           The place of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English, unless otherwise agreed.

16. Sinch phone number verification with PIN SMS Terms and Conditions

16.1 What is the PIN SMS Service provided by Sinch?

“PIN SMS Service” means a Sinch service that sends an SMS message containing a 4 or 5 digit number (“PIN”) to a Sinch customer. The “PIN SMS Service” is used to verify that a particular phone number belongs to the user that initiated the verification.

16.2 Acceptance by You

By using the PIN SMS Service provided by us, you have agreed to be bound by the terms and conditions herein (“Agreement”). If you do not agree with this Agreement, you must immediately cease using the Services and contact us as provided below.

16.3 What are the Participating Carriers?

The PIN SMS Service is not available on all carriers: The PIN SMS Service is available on AT&T, U.S. Cellular, MetroPCS, Sprint, Virgin Mobile, Cricket, Carolina West, Cellcom, C Spire, Cincinnati Bell, Verizon Wireless, Boost and T-Mobile®. The PIN SMS Service is not compatible with all cell phone models. Sinch is not responsible for any delays upon sending or receiving text messages.

Privacy Policy: You can view our privacy policy by clicking here.

16.4 How do I sign up for PIN SMS Service?

When a user is signing up on the Sinch website (link) he/she may be prompted to verify his/her phone number in order to receive a signup bonus in the form of credit for the Sinch services. This is optional during the signup process, You will only receive 1 message per number. Sinch PIN SMS Service is not mobile spam. The PIN SMS Service is a one-time message used only for verification purposes.

16.5 Is it free?

Although Sinch PIN SMS Service is complimentary, Msg&Data rates may apply. Depending on your text plan, you may be charged by your carrier. By enrolling in the service, you certify that you are over 18 years of age and (a) you are the account holder or (b) you have the account holder’s permission to do so.

16.6 What if I don’t want to receive any more a PIN SMS Service messages from Sinch?

To stop receiving only Sinch PINS SMS Service messages, simply text STOP to the short code 88662, or email noc@sinch.com. After doing so, you will receive confirmation of your opt-out, and thereafter, you will no longer receive any Sinch PIN SMS Service messages.

16.7 What if I want to opt back in?

You can contact Sinch at noc@sinch.com to opt-in to the Sinch PIN SMS Service again.

16.8 What if I want more info?

To request more info, simply text HELP to the short code 88662, or email noc@sinch.com

16.9 Commands

Stop: At any time you can text STOP to the short code 88662. This will prevent you from receiving any future Sinch PIN SMS Service messages.

Help: At any time you can text HELP to the short code 88662. Texting HELP will return the following message:

“Sinch phone verification: for more info contact noc@sinch.com. To opt-out reply STOP. Msg&Data Rates May Apply.”