Additional Terms for Certain Services

Additional Terms for Certain Services

The following are special terms and conditions that apply to certain services in addition to the General Terms and Conditions of Use. By using these specific services, you agree to be bound by these Additional Terms along with the General Terms and Conditions of Use. These Additional Terms are incorporated by reference into our General Terms and Conditions of Use. The specific services and their corresponding Additional Terms are as follows:

SMS Outbound:

  • The customer will be charged for all messages submitted to the IVS Softtech®️ Pvt. Ltd. platform, regardless of delivery status.

SMS 2-Way:

  • Depending on availability, 2-way communication will be established using one or multiple numbers or keywords (“Sender IDs”) provided to the customer.
  • The customer will be charged for all messages submitted to the IVS Softtech®️ Pvt. Ltd. platform, regardless of delivery status.
  • Incoming messages may be subject to fees, and the customer will be charged for all incoming messages submitted to their platform, regardless of delivery status. Unless specified otherwise, incoming messages are free.
  • IVS Softtech®️ Pvt. Ltd. can provide new sender IDs upon the customer’s written request.
  • Sender IDs provided to the customer will be listed in the business information overview (“BIO”) or a similar document accessible via the IVS Softtech®️ Pvt. Ltd. Platform or by email.
  • Prior approval from IVS Softtech®️ Pvt. Ltd. is required for any usage of Sender IDs. The customer must submit a use case to IVS Softtech®️ Pvt. Ltd., including adequate detail.
  • The customer must lease each sender ID from IVS Softtech®️ Pvt. Ltd. for a minimum period of 3 (three) months. After the initial three-month term, the agreement to provide the service will automatically renew on a month-to-month basis unless terminated by either the customer or IVS Softtech®️ Pvt. Ltd. with a thirty (30) days’ written notice in advance.
  • If sender IDs include short codes, the customer is only allowed to send messages to end-users who are subscribers to the networks operating in the country where the short code is registered.
  • The customer must terminate all messaging traffic using Sender IDs provided in the context of this service exclusively via the IVS Softtech®️ Pvt. Ltd. platform.

Mobile Chat API:

  • The charging mechanism may vary depending on the messaging app used. Please refer to the price overview on the website for specific details.
  • For messages sent to Viber, the customer will be charged for all messages delivered to Viber users.
  • For messages sent to WhatsApp, the customer will be charged WhatsApp Fees for all Templated Messages that are sent outside of the Customer Care Window and delivered to WhatsApp users (https://developers.facebook.com/docs/whatsapp/pricing).
  • Additionally, for all messages sent and received via WhatsApp, the customer will be charged IVS Softtech®️ Pvt. Ltd. Fees.
  • The Mobile Chat API provides an optional SMS fallback mechanism that the customer may choose to use. The enabling/disabling procedures are described in the API documentation at https://docs.ivssofttech.com/.
  • When the SMS fallback is used, the message is first submitted to one or more messaging apps available for the destination country. If the message cannot be delivered to any of these messaging apps, such as when the recipient is not a registered user on any of the apps, the message will be sent and charged as an SMS.

Viber

These special terms and conditions (“Viber T&Cs”) pertain to the use of Viber Service Messages, which allow message delivery through the Viber app to Viber users who have opted in to receive such messages. In the event of a conflict, these Viber T&Cs take precedence over other terms and conditions in the Agreement.

The customer agrees to provide the Service to its users on terms that are substantially similar to, and no less stringent than, these Viber T&Cs.

The customer will not knowingly use the Service in a manner that contradicts the Viber terms and policies available at http://www.viber.com/en/terms (“Viber Policies”).

The customer guarantees that they will only send messages to mobile subscribers who have consented to receive such messages by opting in or actively registering with the customer. The customer will retain opt-in data and provide it to IVS Softtech®️ Pvt. Ltd. upon request.

The customer will ensure that the content used in the messages always complies with the following terms and does not violate any applicable laws or regulations. IVS Softtech®️ Pvt. Ltd. may remove any content that it deems unauthorized, illegal, or in violation of the terms below or any of the Viber Policies. The customer will not use the following:

  • Content that infringes or violates any rights, including intellectual property rights of a third party.
  • Content that is considered abusive, discriminatory, or harassing based on race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, including genetic characteristics, marital status, sex, age, sexual orientation, veteran status, or any other characteristics protected by law.
  • Content that is illegal according to applicable laws or regulations.
  • Content that contains or transmits viruses, worms, defects, Trojan horses, or any malicious code.
  • Content that falsely expresses or implies sponsorship or endorsement by IVS Softtech®️ Pvt. Ltd. or Viber.

The customer acknowledges that IVS Softtech®️ Pvt. Ltd. has no control over the content transmitted through the Service and does not examine the use, nature, or sources of the content. The customer will be solely responsible for such content, and IVS Softtech®️ Pvt. Ltd. will not be liable for the content or any other material transmitted by the customer or any other user using the Service.

The customer will not send unsolicited traffic or knowingly transfer messages that can be classified as SPAM to IVS Softtech®️ Pvt. Ltd. or the Viber platform. The customer will include clauses in their agreements with users that prohibit the sending of unsolicited traffic. The customer will make reasonable efforts to prevent unsolicited traffic from reaching the IVS Softtech®️ Pvt. Ltd. platform.

IVS Softtech®️ Pvt. Ltd. and Viber have the right to block the customer from sending messages immediately if a violation of this provision occurs. They also have the right to refuse sending messages from a specific entity or to a specific destination or territory at their sole discretion.

If unsolicited traffic is sent by the customer or any of the customer’s users to IVS Softtech®️ Pvt. Ltd. or the Viber platform, the following actions will be taken:

  • The Party discovering unsolicited traffic will promptly inform the other Party.
  • The Parties will cooperate and exchange information to determine the source of the unsolicited traffic.
  • The customer will suspend the connection with the user responsible for the unsolicited traffic, and together with IVS Softtech®️ Pvt. Ltd., they will decide whether to lift the suspension or terminate the connection.
  • If the unsolicited traffic continues, IVS Softtech®️ Pvt. Ltd. may terminate the Agreement immediately.

IVS Softtech®️ Pvt. Ltd. may suspend all or part of the Service if they suspect fraudulent, unlawful, or unauthorized use of the Service by the customer or its users until the prohibited conduct ceases.

The customer represents and warrants that:

  • They will fulfill all obligations under this Agreement.
  • They will adhere to these Viber T&Cs.
  • They will comply with IVS Softtech®️ Pvt. Ltd.’s directions.

The customer guarantees that any entity receiving messages from them has actively opted in to receive those messages.

The customer will:

  • Conduct its business in a manner that reflects favorably on IVS Softtech®️ Pvt. Ltd. and the services.
  • Not engage in any illegal or morally or ethically questionable business practices.

The customer will not:

  • Make any unlawful contribution, gift, entertainment, or other unlawful expense relating to political activity.
  • Make any direct or indirect unlawful payment to any government official or employee.
  • Violate any provision of anti-bribery laws, including the U.S. Foreign Corrupt Practices Act and similar legislation.
  • Make any other unlawful payments, whether as a bribe, rebate, payoff, influence payment, kickback, or otherwise to a customer or any third party.

IVS Softtech®️ Pvt. Ltd. has the right to set limits on message delivery, including the number of messages sent to an individual user within a specific time period or the total number of messages sent within a particular time period.

The customer will indemnify, defend, and hold harmless IVS Softtech®️ Pvt. Ltd. and its affiliated companies, as well as their officers, directors, employees, and agents (“IVS Softtech®️ Pvt. Ltd.’s Indemnified Parties”), from any and all claims, demands, actions, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

  • Alleged infringement of third-party intellectual property or other rights regarding the use of the Service.
  • Customer’s breach of warranties or representations under the Agreement or any Service Addendum.
  • Injuries or damage caused by customer’s gross negligence or willful misconduct.

Except for claims related to infringement of third-party rights, breach of representations and warranties, breach of indemnification obligations, unauthorized disclosure or misuse of Confidential Information, misconduct, or gross negligence, neither party will be liable for indirect, incidental, consequential, exemplary, special, or punitive damages incurred by the other party. This includes any loss of profit, revenue, or income, loss of data, or interruption of business, regardless of the theory of liability. The aggregate liability of either party under this Agreement will be limited to the higher of the total amount invoiced by the customer to IVS Softtech®️ Pvt. Ltd. in the 12 months preceding the claim or one hundred and fifty thousand Euros (€150,000).

 

WhatsApp Business Solution

These specific terms and conditions (“WhatsApp T&Cs”) pertain to the utilization of the WhatsApp Business Solution, a service that enables businesses to communicate with WhatsApp users. In the event of any conflicts, these WhatsApp T&Cs take precedence over other terms and conditions outlined in the Agreement.

Prior to commencing the use of the Service, the Customer acknowledges that by directly or indirectly accessing or using any of the WhatsApp Services, they have agreed to the WhatsApp terms of service available at https://www.whatsapp.com/legal/FB-terms-whatsapp-business/ which may be updated periodically.

To avail the WhatsApp Business Solution, the Customer must comply with the WhatsApp terms specified in the WhatsApp Business Solution Terms (https://www.whatsapp.com/legal/business-solution-terms/), the WhatsApp Technical Product Information (https://developers.facebook.com/docs/whatsapp/guides), and the WhatsApp Business Solution Policy (https://www.whatsapp.com/legal/business-solution-policy/).

Facebook serves as the distributor of the WhatsApp Business Solution, and WhatsApp collaborates with Facebook to provide the necessary tools for enabling the WhatsApp Business Solution, including Facebook Business Manager and Facebook Developer. The terms specified in the Facebook Terms (https://facebook.com/legal/terms) and the Facebook Commercial Terms (https://www.facebook.com/legal/commercial­_terms) applicable to Facebook Business Manager and Facebook Developer are also applicable, and the Customer is required to comply with these terms. Users of the WhatsApp Business Solution, in general, should familiarize themselves with and adhere to the WhatsApp Terms for Service Provider (https://www.whatsapp.com/legal/business-terms-for-service-providers/).

Facebook and WhatsApp retain the right to modify the location of these terms and conditions, policies, and other related documents. It is the responsibility of the Customer to stay updated with any changes made by Facebook and WhatsApp to their terms and conditions, policies, and ensure compliance with them.

The Customer undertakes to provide the service to its users on terms that are substantially similar to, and no less stringent than, the Facebook and WhatsApp T&Cs.

The Customer acknowledges and agrees that IVS Softtech®️ Pvt. Ltd. has no control over the content transmitted through the use of the Service and that IVS Softtech®️ Pvt. Ltd. does not monitor the usage or the nature and sources of such content. The Customer assumes sole liability for the content, and IVS Softtech®️ Pvt. Ltd. will not be held liable for the content or any other material transmitted by the Customer or any other user of the Service, including mobile subscribers.

The Customer agrees not to send unsolicited traffic or knowingly transfer messages that can be classified as SPAM to IVS Softtech®️ Pvt. Ltd. or the Facebook/WhatsApp platform.

IVS Softtech®️ Pvt. Ltd. reserves the right to immediately suspend all or a part of the Service if there is a reasonable suspicion of fraudulent, unlawful, or unauthorized use of the Service by the Customer or its users. Such suspension will continue until the prohibited conduct has ceased.

The Customer represents and warrants that:

  • They will fulfill all obligations stated in this Agreement.
  • They will adhere to the Facebook and WhatsApp T&Cs.
  • They will comply with the directions provided by IVS Softtech®️ Pvt. Ltd.

IVS Softtech®️ Pvt. Ltd.’s liability toward the Customer regarding the provision of the WhatsApp Business Solution Service is limited in the same manner as the liability of Facebook and WhatsApp. The Customer must indemnify IVS Softtech®️ Pvt. Ltd. for any breaches of the Facebook and WhatsApp T&Cs, following the same procedures outlined in the Facebook and WhatsApp T&Cs.

Interactive Text

IVS Softtech®️ Pvt. Ltd. activates and enables new Numbers once per week and will notify the Customer upon successful completion of the activation process. The Numbers activated under this Service will be listed in the Business Information Overview (“BIO”) document accessible to the Customer via the IVS Softtech®️ Pvt. Ltd. Platform or email. The use case, along with a provided description, must be approved by IVS Softtech®️ Pvt. Ltd. before a Number can become active. Additionally, the Customer must furnish a Letter of Authorization (“LOA”) and, if requested, proof of ownership for the Number enabled under this Service. The Customer must exclusively terminate all messaging traffic utilizing the Number enabled under this Service via the IVS Softtech®️ Pvt. Ltd. Platform. IVS Softtech®️ Pvt. Ltd. reserves the right to terminate the Service immediately if it is believed that the Customer has terminated messaging traffic using the Number enabled under this Service via channels other than the IVS Softtech®️ Pvt. Ltd. Platform.

Lawful Interception and Data Retention Conditions: To comply with the requirements of relevant data protection and lawful interception laws, the Customer agrees to cooperate with IVS Softtech®️ Pvt. Ltd. and all competent authorities by fulfilling all necessary data requests. Furthermore, the Customer guarantees that SMS enablement of the respective numbers is fully compliant with all applicable legal obligations.

Letter of Authorization: Subject to the confidentiality requirements of the main body of the Agreement, IVS Softtech®️ Pvt. Ltd. may disclose the existence and subject matter of the Agreement between IVS Softtech®️ Pvt. Ltd. and the Customer in a Letter of Authorization. This disclosure will only be made to IVS Softtech®️ Pvt. Ltd.’s partners who have a legitimate need to know in order to fulfill IVS Softtech®️ Pvt. Ltd.’s obligations under the Agreement.

Global Number Portability:

For each query submitted to the IVS Softtech®️ Pvt. Ltd. platform that IVS Softtech®️ Pvt. Ltd. can successfully resolve, IVS Softtech®️ Pvt. Ltd. will provide the Customer with one or more identifiers, such as the Mobile Country Code/Mobile Network Code (MCC/MNC) or an IVS Softtech®️ Pvt. Ltd. Operator ID (TTID). These identifiers can be used by the Customer to determine the mobile or landline carrier associated with the queried phone number at the time of the query.

The Customer will be charged for all queries submitted to the IVS Softtech®️ Pvt. Ltd. platform, regardless of the response’s content.

Global Number Verification:

For each query submitted to the IVS Softtech®️ Pvt. Ltd. platform that IVS Softtech®️ Pvt. Ltd. can successfully resolve, IVS Softtech®️ Pvt. Ltd. will provide the Customer with one or more identifiers that can be used to retrieve various information related to the phone number. This information may include number portability, number range, location, phone status, roaming status, and number validation. The specific content of the query response depends on the information IVS Softtech®️ Pvt. Ltd. can retrieve from its available data sources. Therefore, the query response may contain all, part, or none of the mentioned information.

The Customer will be charged for all queries submitted to the IVS Softtech®️ Pvt. Ltd. platform, regardless of the response’s content.

Voice Outbound:

Interconnection between Customer’s network and the IVS Softtech®️ Pvt. Ltd. platform is established via the public IP network, unless otherwise agreed upon by the Parties.

Emergency calling services, national directory services, and national special and premium rate services are not supported.

All voice calls will be charged in one-second increments unless stated otherwise.

Voice Inbound:

Interconnection between Customer’s network and the IVS Softtech®️ Pvt. Ltd. platform is established via the public IP network, unless otherwise agreed upon by the Parties.

Emergency calling services, national directory services, and national special and premium rate services are not supported.

All voice calls will be charged in one-second increments unless stated otherwise.

IVS Softtech®️ Pvt. Ltd. provides new Virtual Numbers upon the Customer’s written request.

Virtual Numbers provided to the Customer through this Service will be listed in the business information overview (“BIO”) or a similar document made available to the Customer via the IVS Softtech®️ Pvt. Ltd. platform or email.

The usage of Long Numbers requires prior approval from IVS Softtech®️ Pvt. Ltd. The Customer must submit a use case with adequate details to IVS Softtech®️ Pvt. Ltd. for approval.

The Customer must lease each Long Number from IVS Softtech®️ Pvt. Ltd. for a minimum period of three (3) months. After the initial three-month term, the agreement to provide the Service will automatically renew on a month-to-month basis unless terminated by providing a written notice of at least thirty (30) days in advance.

The Customer must terminate all voice traffic using Long Numbers provided under this Service via the IVS Softtech®️ Pvt. Ltd. platform.

Lawful Interception and Data Retention Conditions:

The Customer must fully cooperate with IVS Softtech®️ Pvt. Ltd. and all competent authorities regarding relevant data requests to comply with applicable laws governing data protection and lawful interception requirements. The Customer affirms that the usage of numbers will be fully compliant with any other applicable legal obligations.

Two-Factor Authentication (2FA):

The Customer will be charged for each Successful Authentication.

A “Successful Authentication” refers to the event in which the Customer successfully verifies the identity of one of its users (a “Client”) seeking access to the Customer’s internet-based systems using IVS Softtech®️ Pvt. Ltd.’s Two-Factor Authentication (2FA) Service. It is important to note that a non-entry or an incorrect entry of a pin code by a Client, resulting in the failure to verify the Client’s identity, does not constitute a Successful Authentication.

As part of the Service, IVS Softtech®️ Pvt. Ltd. will generate a pin code, deliver it to the Client via SMS or voice call, and validate the code upon request by the Customer. The Service is strictly limited to authentication purposes as described above.