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 RCS Service, the legal entity associated with the company name identified during the sign-up process, or (ii) for RCS Upscale, 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 general terms and conditions agreed to by 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 

Google Terms: Customer acknowledges and agrees that the availability and use of the RCS Messaging Services is conditioned on Customer’s compliance and acceptance of all the terms and policies set forth below including, without limitation, any other complementary terms and policies referenced in such terms and policies. Customer acknowledges that the terms and policies below may be changed, adapted, and/or updated by Google LLC and its affiliates, including Jibe Mobile Inc. (collectively, “Google”), at any time and at its discretion, therefore, Customer will periodically check the terms and policies in order to be fully aware and fully comply with their conditions, rights, and obligations: 

1. terms of service that govern the use of RBM as set out at the following URL: http://developers.google.com/business-communications/rcs-business-messaging/carriers/tos (as such terms and URL may be updated from time to time by Google); 
2. terms of service for RBM as located at the following URL: https://developers.google.com/business-communications/rcs-business-messaging/support/tos (as such URL may be updated by Google from time to time); 
3. any policies, restrictions, terms and conditions required by Jibe Mobile Inc. at https://jibe.google.com/intl/en_ZZ/policies/terms/ that may be updated from time to time; and 
4. All policies, terms and conditions of the relevant mobile network operator shall apply. 

RCS Agent: An RCS Agent must be registered to use the RCS Messaging Services and Customer hereby authorizes Sinch to do the relevant registration(s) for and on behalf of Customer. Customer agrees to provide Sinch with all necessary information and/or complete all documentations 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 your 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. Fee is based on destination and type of message. Rates are set forth in the table located here. Password: S!nchRBM 

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

Commercial Terms. 

a)  Pricing. Customer will be billed at existing SMS rates for all messages sent with RCS Upscale. 

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 for any reason, Customer’s use of the RCS Upscale Service will automatically terminate.