Rich Communication Service (RCS) Messaging Terms and Conditions

The following terms (the “RCS Messaging Terms and Conditions”) apply to the RCS Service (provisioned through Sinch’s Conversation API) and RCS Upscale Service (available for dedicated SMS services) (collectively, the “RCS Messaging Services”). The person accepting these terms represents that they have the authority to bind the Customer to the RCS Messaging Terms and Conditions. “Customer” means (i) for the RCS Service, the legal entity associated with the company name identified during the sign-up process, or (ii) for the RCS Upscale Service, the company that has entered into the Existing Agreement (defined below) with Sinch. 

In addition to the RCS Messaging Terms and Conditions, (i) the RCS Service is further subject to the Sinch Terms of Service agreed to by the Customer during the sign-up process (the “Master Agreement”), and (ii) the RCS Upscale Service is subject to the existing agreement between Customer and Sinch for SMS messaging (the “Existing Agreement”). 

General RCS Messaging Terms

RCS Agent: An RCS Agent must be registered to use the RCS Messaging Services and Customer hereby authorizes Sinch to complete the relevant registration(s) for and on behalf of the Customer. Customer agrees to provide Sinch with all necessary information, and to provide and/or complete all documentation required in relation to the registration process that may be requested by Sinch and/or Google from time to time. 

Disclaimer. In addition to any disclaimers in the Master Agreement or the Existing Agreement, Customer acknowledges that the RCS Messaging Services are not specifically designed to meet Customer’s and/or any of Customer’s customers’ or end users’ individual needs and are provided “AS IS” and where currently available.  

RCS Service

Service. The RCS Service is a service in which multimedia messages are provided for compatible devices through an interface between mobile network operators and Google. The RCS Service is provided through Sinch Conversation API. 

Commercial Terms. 

Pricing. Fees are based on the destination and type of message. The RCS Service will be billed at the rates provided by Sinch to the Customer via written notice (email sufficient).

Account Setup and Management Fees. Non-recurring and recurring fees depend on the country or countries of launch and will be payable at the rates provided by Sinch to the Customer via written notice (email sufficient), in accordance with the Customer’s applicable payment terms. This provision applies to both the RCS Service and the RCS Upscale Service.

North America Carrier and Third-Party Fees. For Customers in North America: Sinch will pass through to Customer all fees, charges and surcharges imposed by any destination mobile network operator (“Carrier”) or any third party on Sinch or the Customer in connection with the RCS  Messaging Services (collectively, “RCS Fees and Surcharges”). For clarity, RCS Fees and Surcharges include fees for Customer’s RCS agents, brand vetting and ecosystem certification. Customer will pay the RCS Fees and Surcharges in accordance with the  Carrier Fees and Surcharges, as updated from time to time. RCS Fees and Surcharges are in addition to Sinch’s non-recurring and monthly recurring fees. Sinch may change the RCS Fees and Surcharges by providing the Customer with written notice (email sufficient). This provision applies to both the RCS Service and the RCS Upscale Service.

Term. The RCS Service will continue for the term of the Master Agreement. If the Master Agreement terminates or expires for any reason, the Customer’s use of the RCS Service will automatically terminate.

RCS Upscale Service

Service. The RCS Upscale Service allows SMS messages to be re-routed and delivered as RCS to destinations where Sinch supports RCS while using the existing network connection for SMS. In the event that RCS routing is not available or the SMS cannot be sent as RCS for any reason, Sinch has the sole discretion and right to re-route the sending and delivery of the message as SMS. Based on the RCS Agent ID through Sinch, the re-routing will be adjusted in order for the SMS to be delivered to the end-users. 

Dedicated SMS Services Required. The RCS Upscale Service is only available for Dedicated SMS services. For this purpose, “Dedicated SMS” means  SMS bearing a pre-registered and assigned sender identification or SMS originator (i.e., long code, short code, or alpha numeric Sender ID) that is unique and dedicated for Customer’s exclusive use, excluding any Sender ID shared by multiple customers or end users (“Dedicated Sender ID”). Customer will ensure, at its own cost and expense, that Customer’s system(s) meet the technical requirements for integration and inter-operation with Google’s, Jibe’s and Sinch’s systems, as the case may be, that are required to enable the relevant mobile operator or carrier to provide the RCS Upscale Service. 

Commercial Terms. 

a) Pricing. For messages sent via SMS, Customer will be billed at the SMS rates under its Existing Agreement. For messages that are upscaled to RCS, Customer will be billed at the rates provided by Sinch to Customer via written notice (email sufficient). Where a message is attempted as RCS but falls back to SMS, Customer will be billed at the applicable SMS rate only.

b) Minimum consumption. If applicable, if Customer’s Existing Agreement contains a minimum monthly consumption volume for the SMS channel, the RCS volume used will be counted to calculate the minimum monthly consumption. 

c) Term. Subject to these RCS Messaging Terms and Conditions, Customer will be permitted to use the RCS Upscale Service for as long as its Existing Agreement is valid and effective. If the Existing Agreement terminates or expires for any reason, Customer’s use of the RCS Upscale Service will automatically terminate.