Legal
The following terms (the “RCS Messaging Terms and Conditions”) apply to the Rich Communication Service for Business. These RCS Messaging Terms and Conditions form part of the Agreement and apply to the Customer’s use of the RCS Messaging Services.
These RCS Messaging Terms and Conditions will prevail to the extent of any inconsistency with any other terms in the Agreement. Capitalised terms not defined below shall have the meanings ascribed to them in the Agreement.
1. Definitions
The following definitions apply to all RCS Messaging Services:
a. Google means Google LLC and its affiliates, including Jibe Mobile Inc.
b. RCS means Rich Communication Services, being a messaging protocol for delivering richer messaging services.
c. RCS Agent means a programmatic entity that sends messages to users on behalf of a brand.
d. RCS for Business means a service in which sending of multimedia messages is provided for compatible devices, through an interface between mobile network operators and Google.
e. RCS Messaging Services means the provision of RCS (either RCS for Business or RCS Upscale) to Customer for use by Customer’s business or commercial activities.
f. RCS Upscale means a service re-routing the sending and delivery of SMS as a RCS message to destinations where Sinch supports RCS while using the existing network connection for SMS.
The following definitions apply only for RCS Messaging Services in the United States:
g. Rich RCS means a type of RCS message limited to 160 characters text and that may include suggested replies and/or suggested actions or opening a URL and/or calling a number. A Rich RCS message greater than 160 characters will count as two messages.
h. Rich Media RCS means a type of RCS message that is content-rich, including media, videos, files, and all other suggested actions including webview.
The following definitions apply only for RCS Messaging Services outside of the United States:
i. Basic RCS means a type of RCS message with text only, and comprising up to 160 characters of UTF-8 in length
j. Single RCS means a type of RCS message that can include multimedia elements like rich content, images, buttons, cards, carousels, and longer text.
2. General RCS Messaging Terms
In consideration of payment of the Charges, Sinch agrees to make RCS Messaging Services available to the Customer to use in accordance with the terms set out herein. In the event that RCS routing is not available, or the SMS cannot be sent as RCS for any reason, SINCH has the absolute discretion and right to re-route the sending and delivery of the message as SMS. The re-routing will be adjusted in order for the SMS to be delivered to the end-users based on the relevant RCS Agent registered through SINCH or Affiliates.
(a) RCS Agent
An RCS Agent must be registered, and the Customer hereby authorizes Sinch or its Affiliates to complete the relevant registration for and on behalf of Customer. Customer shall complete any relevant RCS Agent registration process that Sinch requires, and Customer will provide any additional information to Sinch that is reasonably required to complete the registration process. Customer warrants that any information it provides to Sinch is complete, true and accurate and Customer is authorised to provide such information to Sinch. Customer acknowledges that the registration process for RCS Agents is reliant upon Service Providers and their acceptance criteria which is defined by their particular registration processes (which varies amongst Service Providers) and Sinch is in no way liable should any Service Provider reject Customer’s registration of any RCS Agent.
(b) Google Terms
Customer will comply with Google’s RCS for Business Messaging terms of services located at the following URL: https://developers.google.com/business-communications/rcs-business-messaging/support/tos (as may be updated by Google from time to time).
(c) Reliance on Service Providers
Customer acknowledge and agrees that the RCS Messaging Services are reliant upon certain Service Providers and handset capability to achieve technical integration and inter-operation with Sinch’s systems required to facilitate the RCS Messaging Services, and as such Customer acknowledges that this is outside of Sinch’s control, and Sinch is not liable in any way for any such technical integration limitations or interoperability failures.
3. Calculation of Charges for RCS
Charges for messages sent as RCS will be determined by Sinch with reference to the relevant regional requirements and Service Provider requirements, based on the number and type of RCS messages (along with content length and size, including attached media) Customer sends, typically calculated in accordance with the following framework:
(a) For RCS messages sent in the United States, RCS messages will be either Rich or Rich Media, and
(b) For RCS messages outside of the United States, RCS messages will be either Basic or Single.
(c) Conversational RCS – A Charge for a conversation that consists of multiple A2P and P2A messages within a given time period.
Where an RCS is sent to multiple end users, each one is counted separately.
Each message will be charged at the per message rate that is reflecting in Customer’s order form or made available on the web portal.
For messages in the United States, Sinch will pass through to Customer all fees, charges and surcharges any destination Mobile Network Operator (“Carrier”) or any third party imposes on Sinch or Customer in connection with the RCS for Business Service (“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 accordance with the latest version of the Carrier Fees and Surcharges document. RCS Fees and Surcharges are in addition to per message fees. Sinch may change the RCS Fees and Surcharges by providing Customer with written notice (email sufficient).
4. Customer Warranties; Disclaimer
In addition to any representation or warranties in Customer’s Agreement with Sinch:
(a) Customer agrees that Sinch may recover from the Customer any charge, fine, penalty or debit a network operator or Service Provider levies against Sinch as a result of an alleged violation of the requirements of Sinch’s Acceptable Use Policy available at www.messagemedia.com/uk/legalone/acceptable-use-policy/.
(b) Customer agrees to provide any governmental body or SINCH with such information or material relating to the RCS Messaging Services as reasonably requested in order to carry out any investigation in connection with the RCS Messaging Services Services.
(c) THE RCS MESSAGING SERVICES ARE PROVIDED “AS IS”. SINCH MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, SATISFACTORY QUALITY OR ACCURACY WITH RESPECT TO THE RCS SERVICES.
5. Ownership
Customer retains all responsibility, rights and ownership in the content of the Customer’s RCS messages and Sinch does not claim any ownership rights in such content.