Legal
These supplemental terms and conditions (“Supplement”) are part of an agreement for certain Sinch India services (“Agreement”) between Sinch India and Customer and apply solely to the Sinch India services referencing this Supplement i.e., Customer 360 (“Service”/ “Platform”) and not any other Sinch India 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 India Services (“GTC”).
A1.1. Customer Data and Profiling. The Customer may, at its sole discretion, collect and provide Customer Data to Sinch India for profiling purposes. Sinch India shall not be held liable for the collection, accuracy, legality, or use of any such data including but not limited to Profile Data, provided or inserted by the Customer on the Platform.
A1.2. Supply of Customer Services. Customer shall inform End Users that it is the source and supplier of the Messages. Customer shall bear sole responsibility for the acts, omissions or breaches of End Users with respect to the use of the Service, Customer Services and the Messages, including but not limited to the Customer Data. Customer shall promptly inform Sinch India if it becomes aware of any violation of the terms of this paragraph.
A1.3. Restrictions. 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 intellectual property of Sinch India (access to which is provided to the Customer as part of the Service) to 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 any part of it; or
(d) use the Service in connection with any activity that may result in tangible or intangible personal property damage, or death or serious body injury.
A1.4 Penalty. In the event that Customer breaches its obligations under clause A1.3, Customer shall pay to Sinch India: (i) penalty and fines imposed on Sinch India by any government or regulatory authority or operator including reasonable legal fees, costs and expenses associated or in connection with such breach and (ii) the amount calculated at mutually agreed rate per Message which is subject matter of breach. Such payment shall be made within seven (07) business days from the date Sinch India notifies the Customer in writing regarding such breach. For avoidance of doubt, such payment shall be without prejudice to any other remedies available to Sinch India under this Agreement or under applicable laws.
A1.5. Acceptable Use. Customer shall not access any information or data provided or controlled by any other customer of Sinch India or its suppliers and will abide by, and will not circumvent or otherwise disable, any security measures implemented in the Service. Customer shall immediately inform Sinch India if any third party makes or threatens any claim or action against Customer, or Sinch India, or any other party relating to any Customer Data, Customer Service or Messages.
A1.6. Faults. 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.
A1.7. Suspension. Notwithstanding any other rights available to Sinch India under the GTCs, Sinch India reserves the right, at its sole discretion and without liability, to block or delete any Profile Data, Activity Data, or Segment that it determines to be in violation of the terms of this Agreement.
A1.8. Disclaimer. Customer agrees that, with respect to its supply of the Service, Sinch India shall not 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 error occurred in Segment creation; or (ii) Profile Data or Activity Data inserted by the Customer on the Platform provided by Sinch India.
A1.9. Supply of the Service. Customer shall not subcontract, sub-license, license, sell, lease, rent or otherwise make the Service available to third parties.
B1.1. Access and Connectivity
B2.1. Price Change. Unless otherwise agreed in an Order Form, Sinch India may modify any fees in its sole discretion upon written notice.
“Segmentation” means the End User groups created by the Customer based upon Customer Data.
“Customer Service” means a marketing, advertising, promotional or informational program or initiative, or other project, conducted by Customer utilizing the Platform.
“End User” means a person or entity that is a user and/or recipient of a Customer Service.
“End User Activity” refers to the data that is related to the End Users’ interactions. For example, it includes but is not limited to actions such as logging in or signing up on the website, adding products to the cart, and other behaviours. Essentially, it encompasses all tracked activities of the End User provided by the Customer.
“Message” means a digital message containing Customer Data in a form for delivery via various communication channels.
“Profile Data” means the End User’s data including the End User’s name, email id, date of birth, and gender.
“Engagement Information” means data related to the interaction and engagement of End User profiles across various communication channels. This information is generated by Sinch India based on communications initiated by the Customer and sent to its End Users through Sinch Converse, via channels including but not limited to SMS, WhatsApp, and RCS.
“Activity Data” means data related to the actions or behaviors of End Users on a platform, as tracked by the Customer. This may include, but is not limited to, activities such as product purchases via WhatsApp, website sign-ups, logins, or other interactions. Such data is inserted by the Customer into the Platform and may be used to trigger automated Message to End Users via supported communication channels.