The following terms (the “RCS for Business Terms and Conditions”) apply to the RCS Service provided via the LEX ET ARS ® (hereinafter “LEA”) API, which owns the SECFULL ® trademark (hereinafter “Secfull”). By accepting these terms, you declare that you have the authority to bind the Customer to the RCS Business Messaging Terms and Conditions.
In addition to the RCS Messaging Terms and Conditions, the RCS Service is further subject to the general terms and conditions accepted by the Customer during the service contracting process (the “Contract”).
1. Definitions
- A2P stands for Application-to-Person and refers to the RCS sent by the RCS agent to a user.
- RCS Agent is a programmatic entity that sends messages to users on behalf of a company displaying its brand.
- Client is the LEA Client, the legal entity associated with the company name identified during the RCS Service contracting procedure.
- P2A stands for Person-to-Application and refers to the RCS sent by a user to the RCS agent.
- RCS stands for Rich Communication Services, which is a messaging protocol for providing more comprehensive messaging services.
- RCS for Business is the version of RCS for businesses, allowing them to communicate with their customers in a richer and more interactive way. RCS for Business allows companies to create more engaging campaigns and provide a more effective customer experience. Companies can use their own branding to make their messages more recognizable and trustworthy.
- RCS Service means the provision of sending/receiving RCS to the End User (A2P), via the RCS agent and the Secfull RCS+ platform and from the platform to the End User (P2A) for the Customer’s corporate messaging, limited to Italy.
- The end user is the person who owns a mobile telephone and receives the RCS.
2. RCS Services
In exchange for payment of the Fees, LEA undertakes to make the RCS Services available to the Customer, which may be used in accordance with the terms established herein.
3. RCS Agent
An RCS Agent must be registered, and the Client authorizes LEA to complete the registration on behalf of the Client. The Client must complete any RCS Agent registration process requested by LEA and provide LEA with any additional information reasonably necessary to complete the registration process. The Client warrants that all information provided to LEA is complete, truthful, and accurate, and that it is authorized to provide such information to LEA. The Client acknowledges that the registration process for RCS Agents depends on the Service Providers and their acceptance criteria, as defined by their specific registration procedures (which vary by Service Provider), and LEA is in no way responsible if a Service Provider rejects the Client’s registration of an RCS Agent.
4. Third Party Terms
Customer acknowledges and agrees that the provision and use of the RCS Services are conditioned upon Customer’s acceptance of, and strict compliance with, all of the Service Provider’s requirements, including the third-party terms set forth below (as amended or replaced from time to time, including any policies or guidelines incorporated therein):
(a) ( Google ) terms of service governing the use of RCS for Business as currently set forth at the following URLs:
this is http://developers.google.com/business-communications/rcs-business-messaging/carriers/tos
ii) https://developers.google.com/business-communications/rcs-business-messaging/support/tos ;
The Customer acknowledges having read and understood these terms and that he/she must periodically check and comply with them in order to be fully aware of and fully comply with the conditions, rights and obligations.
5. Reliance on service providers
Customer acknowledges and agrees that the RCS Services are dependent on certain Service Providers and the ability of telephone equipment to achieve the technical integration and interoperability with LEA systems necessary to facilitate the RCS Services and, therefore, Customer acknowledges that this is beyond LEA’s control and that LEA is in no way responsible for such technical integration limitations or interoperability failures.
6. Sender ID and account
The Customer also acknowledges and accepts that in order to use the LEA RCS Service he is required to:
(a) sign the Contract with LEA; and
(b) identify the RCS agent, as the sender of the company messaging service (ref. Agcom resolution 42/13/CIR), by a so-called “alias” identifier consisting of a string of alphanumeric characters no longer than 11 characters, not composed of numbers only, which meets the following requirements:
– must “clearly” identify the person commissioning the shipment
– must comply with trademark legislation
– must not consist of a common word (e.g. promo, hello, etc.)
– must not identify a public body or entity (e.g. ministry, police, etc.); and
(c) authorize LEA to register the alias used by the Customer in the AGcom alias registry or in the list of companies authorized to provide corporate messaging services with Alias to companies, with the E.164 number associated with the alias.
7. Calculation of RCS sending costs
Rates for messages sent as RCS will be determined by LEA with reference to relevant regional requirements and service provider requirements, based on the number and type of RCS sent by the customer, typically calculated in accordance with the following framework:
(a) Basic RCS: Rate for a plain text message up to 160 UTF-8 characters;
(b) Single Multi-Use RCS: Rate for a single message containing advanced content (e.g. a message containing an advanced card or a carousel);
(c) Conversational RCS: rate for a conversation consisting of multiple A2P and P2A messages within a given period of time.
If an RCS is sent to multiple end users, each of them is counted separately.
8. Customer Guarantees
(a) Customer agrees that LEA may recover from Customer any charges, fines, penalties or penalties that a network operator or service provider imposes on LEA as a result of an alleged violation of the requirements of these “RCS for Business Terms and Conditions” or the RCS for Business Service use policy available at the link: https://www.secfull.com/rcs-for-business-acceptable-use-policy/ ;
(b) Customer represents and warrants that it will comply with all applicable laws and regulations in relation to the transmission of Content and, in particular, but without limitation, will comply with all applicable Data Protection Laws;
(c) Customer agrees to provide any government agency or LEA with any information or material relating to the RCS for Business Service reasonably requested in order to conduct any investigation into alleged violations;
(d) In no event shall LEA be liable for any damages arising out of these “RCS Business Messaging Terms and Conditions”, including, without limitation, any lost revenues, lost profits, or indirect, incidental, consequential, special, punitive or exemplary damages.
THE RCS SERVICES ARE PROVIDED “AS IS.” LEA MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, SATISFACTORY QUALITY, OR ACCURACY WITH RESPECT TO THE RCS SERVICES.
9. Process
The Customer acknowledges that the RCS Services may be provided on a trial basis and may be subject to change without notice. LEA will endeavor to provide reasonable advance notice where possible.
10. Property
Customer retains all rights and ownership of the content of its RCS, and LEA claims no ownership rights in such content. Except for the rights expressly granted by Customer, LEA does not grant any implied licenses and reserves all rights not granted. Customer acknowledges that LEA retains exclusive ownership of all rights, title, and interest in the RCS Services and our Confidential Information, including all intellectual property rights, and Customer will not dispute or challenge our exclusive ownership rights therein at any time. If Customer provides feedback regarding the RCS Services, LEA will own it and may use and modify it without restriction or payment to Customer.
11. General terms
Customer acknowledges and agrees that the availability and use of the RCS Services are conditioned on Customer’s compliance with and acceptance of all terms and policies set forth herein and those of Google LLC and its affiliates, including Jibe Mobile Inc. (collectively, “Google”). Customer acknowledges that Google’s terms and policies may be modified, adapted, and/or updated at any time at Google’s discretion. Therefore, Customer will periodically review the terms and policies to ensure full awareness of and compliance with their conditions, rights, and obligations.
- terms of service that govern your use of RCS for Business as set forth at the following URL: http://developers.google.com/business-communications/rcs-business-messaging/carriers/tos (as such terms and URL may be updated by Google from time to time);
- RCS for Business Terms of Service available at the following URL: https://developers.google.com/business-communications/rcs-business-messaging/support/tos (this URL may be updated by Google from time to time);
- all policies, restrictions, terms and conditions set forth by Jibe Mobile Inc. at https://jibe.google.com/intl/en_ZZ/policies/terms/ as may be updated from time to time; and
- All policies, terms and conditions of the relevant mobile network operator apply.
12. Disclaimer
In addition to any disclaimers in the Master Agreement or the Existing Agreement, Customer acknowledges that the RCS Services are not specifically designed to meet the individual needs of Customer and/or its customers or end users and are provided on an “as is” and “where currently available” basis.