Terms of Service
Summary
- Services
- Authorised Users
- Your Responsibilities and Warranties
- Your Data and Platform Security
- Modification of Services
- Tariffs and Subscriptions
- Payments
- Suspension, Limitation and Termination of Access
- Restrictions
- Confidential Information
- Maintenance
- Intellectual Property
- Force Majeure
- Limitation of Liability
- Governing Law
- Disputes
- Contracting Entity
- Anti-Corruption
Introduction
We are delighted you have chosen to use our services!
In order to get started, you will need to accept our Terms of Service. It is important that you take the time to understand our Terms of Service and do not access the services if you are unwilling or unable to be bound by them.
These terms help define the relationship between you and us. When we say ‘we’, ‘us’, and ‘our’ we mean Commify and its affiliates. By agreeing to these Terms of Service, we give you permission to access and use our services for as long as you continue to follow these terms.
By signing up for an account and/or by using any of our services you, our customer:
- accept the Terms of Service and all other terms as set out in the table below (“the Agreement”) on behalf of the company you represent; and
- represent and confirm to us that you are a duly authorised representative and signatory of the organisation in whose name you are entering into the Agreement.
The Agreement will be effective from the point at which the account is verified.
These Terms of Service, the applicable terms listed in the table below, any accompanying API documentation, service specific terms and conditions and any applicable policies and guidelines are part of the Agreement.
If You have a Custom Agreement with Us, that Custom Agreement will govern the terms of Our relationship and to the extent the Custom Agreement does not cover a particular service, these Terms including live pricing will apply to Your use of that particular service.
| Document | Version date |
| Data Processing Agreement | 17 March 2025 |
| Acceptable Use Policy | 17 March 2025 |
| Service Level Agreement | 17 March 2025 |
We, the supplier are referred to as We/ Our/Us and you the customer are referred to as You/Your, together the “Parties” and each a “Party”.
1. Services
1.1 We will provide the Services to You in accordance with the Agreement.
1.2 In order to use the Services you will need to set up an account and by doing so You confirm that You are legally able to represent the organisation in whose name you are creating the account and that You have reviewed and accepted the Agreement.
1.3 We carry out checks in accordance with our KYC process in order to verify Your account, please let us know if any of the information You provided as part of the KYC process changes or is no longer applicable.
1.4 Setup Responsibilities
1.4.1 You are responsible for setting up and configuring the Services, including without limitation providing access to the Services to your Authorised Users.
1.4.2 You are responsible for obtaining and maintaining, at your expense, all of the necessary telecommunications, computer hardware, software, services and Internet connectivity required to access the Services.
1.4.3 In the event that We assist or provide guidance to You with any Services setup, configuration or support, in no event shall such assistance or advice be construed as legal advice and we will not take on responsibility for setting You up and or configuring the Services unless this is expressly agreed in writing and signed by both parties prior to the assistance being given.
1.5 If You are sending Communications to recipients based in regions where Sender ID Registration is required You must provide all information We ask for in order for Us to determine whether the Sender ID can be issued. Please note that this process must be completed for each location where Your recipients need Sender ID Registration.
2. Authorised Users
2.1 You will:
2.1.1 ensure that only Authorised Users use the Services and that such use is at all times in accordance with the Agreement;
2.1.2 ensure that Authorised Users are, at all times whilst they have access to the Services, Your employees or contractors;
2.1.3 ensure Authorised User accounts and credentials are not shared and that each Authorised User has their own set of credentials for accessing Our Services;
2.1.4 be liable for the acts and omissions of the Authorised Users;
2.1.5 only provide Authorised Users with access to the Services via the access method We have provided; and
2.1.6 procure that each Authorised User is aware of, and complies with, the obligations and restrictions imposed on You under the Agreement, including all obligations and restrictions relating to Our Confidential Information.
2.2. You warrant and represent that You, and all Authorised Users acting on Your behalf (including systems administrators) will ensure:
2.2.1. the password for any Services is unique and not reused in any other context; and
2.2.2.the password or access details for any Service are kept confidential and not shared with any third party.
3. Your Responsibilities and Warranties
3.1. You will (and Authorised Users will) at all times comply with all applicable laws, rules and regulations relating to the use or receipt of the Services, including laws relating to privacy, data protection and use of systems and communications.
3.2. You will:
3.2.1. (and Authorised Users will) at all times comply with the Acceptable Use Policy as updated by Us from time to time;
3.2.2. co-operate with Us in all matters relating to the Services;
3.2.3. provide, in a timely manner, such information as We may reasonably require in order to provide the Services, and ensure that such information is accurate in all material respects;
3.2.4. maintain accurate customer representative and contact details (including email addresses);
3.2.5. provide Us with at least 5 Business Days prior notice of any physical or connectivity changes You are undertaking which may affect the Services;
3.2.6. provide Us with information if requested by a Network Operator and/or Regulator relating to Your use of the Services; and
3.2.7. ensure Your systems are subject to security controls, in accordance with good industry practice, to ensure the security and integrity of access to the Services and Our platform.
3.3. You will defend, indemnify and hold Us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation any fines or other penalties imposed on Us or any of Our Affiliates by a Network Operator, court costs and reasonable legal fees) arising out of or in connection with Your breach of the Agreement or any claim by a third party in connection with the content of a , provided that:
3.3.1. You are given prompt notice of any such claim;
3.3.2. We provide reasonable co-operation to You in the defence and settlement of such claim, at Your expense; and
3.3.3. You are given sole authority to defend or settle the claim.
4. Your Data and Platform Security
4.1 We will handle Your Data in accordance with the DPA which is available via the Platform.
4.2 Your Data will remain available to You in the platform for a period of 6 months unless otherwise agreed between the parties prior to the end of the 6 month period.
4.3 You warrant to Us that you are the owner or legal custodian of, or otherwise have the right and have or will obtain the necessary permissions, valid consents and releases to lawfully transmit, store and use Your Data in connection with the Services.
4.4 You have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Data and the means by which you acquired Your Data, and for the security, protection and backup of Your Data.
4.5 Except to the extent We have direct obligations under data protection laws You acknowledge that We have no control over any of Your Data hosted as part of the provision of the Services and, except in accordance with the terms of the Agreement, may not actively monitor the content of Your Data. You will ensure (and are exclusively responsible for) that Your use of Your Data (including use in connection with the Service) complies with all applicable laws and Intellectual Property Rights at the point and location of sending a Communication and at its delivery.
4.6 We will monitor Your usage of the Services and analyse and retain (including using AI and machine learning) data about how You use the Services to:
4.6.1 detect and prevent fraud, errors and threats,
4.6.2 improve and optimise the Services; and
4.6.3 develop new products and features.
4.7 We will scan message content for the detection and prevention of fraud and use anonymised or pseudonymised message content data to improve and optimise the services and develop new products and features.
4.8 You acknowledge that to the extent You experience any losses as a result of arranging for Us to disable MFA on Your account or connecting to the Platform via an Enterprise SSO then You will be liable for any and all losses incurred by Us as a result and We will have no liability whatsoever for any loss suffered by You.
5. Modification of Services
5.1 You acknowledge that We in Our sole discretion are entitled to modify the features and functionality of the Services with or without notice from time to time.
5.2 We may amend the whole or any part of the Agreement from time to time due to changes to the Services, to account for developments under the law, or for any other reason. Such amendment will take effect on the date we have designated (or upon expiration of any applicable period of notice we are required to provide under applicable law.
5.3 In the event that there is uncertainty regarding what version of the Agreement applies between the Parties, the version accessible via the Platform at that point in time shall apply.
6. Tariffs and Subscriptions
6.1 The charging methodology for each Service and Subscription is set out in the Schedules which may be updated from time to time at Our discretion.
6.2 Subject to 6.3, Tariffs for the Services are displayed live in the Platform and apply at the point You send a Communication.
6.3 We may change the live tariffs displayed in the Platform at any time and without notice.
6.4 If You have negotiated a Tariff with Us in relation to a destination “Negotiated Destination Tariff’, this will be visible to You in the Platform and We will give You 30 days’ notice of any increases to Your Negotiated Destination Tariff.
6.5 You will incur Tariffs for each Communication submitted whether or not such Communication is received by the intended recipient.
6.6 In the event that Your account is compromised or the subject of a security breach, You will be liable to pay for the Tariffs incurred for all Communications submitted unless You can demonstrate that such compromise or security breach was Our fault.
6.7 To the extent the Agreement terminates or expires You will not be entitled to any refund or discount of Fees paid for any parts of any month during which the Services cease to be provided.
6.8 Any Sending Balance added to Your account is non-refundable.
6.9 It is Your responsibility to ensure You have sufficient Sending Balance to meet Your requirements and We accept no liability in the event this is not the case.
6.10 Unless otherwise agreed by Us in writing, any Sending Balance will lapse if You do not use it within the validity period as displayed in the Platform and in these circumstances We are not obliged to refund any part of the Sending Balance including in circumstances where We have suspended or terminated Your account due to non-compliance with the Agreement.
6.11 You may cancel Your Subscription at any point before the Renewal Date in which case the Renewal Date will become the Expiry Date.
6.12 If You cancel Your Subscription prior to the Renewal Date Your final invoice will include any remaining subscription balance to be paid by You.
6.13 Unless cancelled before the Renewal Date Your Subscription will automatically renew in accordance with these Terms of Service.
7. Payments
7.1 Unless otherwise agreed by Us, if You are a Post-Pay Customer paying Your invoice by direct debit You will pay Us the amounts payable within 14 days of the date of Your invoice, otherwise You will pay Us within 30 days.
7.2 Subject to Clause 7.4, all payments You make are non-refundable.
7.3 We have the right to charge interest on overdue invoices at the rate of 4% per year above the base rate of the Bank of England, calculated from the date when payment of the invoice becomes due for payment up to and including the date of actual payment whether before or after judgment.
7.4 If You are a Post-Pay Customer and have a query about Your invoice You should contact the customer team using the details provided on Your invoice.
7.5 You will not earn any interest from the Sending Balance You hold with Us.
7.6 We may deduct or offset from Your Sending Balance any sums You owe to Us.
7.7 Tariffs are exclusive of VAT which will be payable by You at the rate and in the manner prescribed by law.
8. Suspension, Limitation and Termination of Access
8.1 We are entitled, without liability to You, to immediately suspend, terminate or limit Your access to the Services at any time in the event that We determine, in Our reasonable discretion, that:
8.1.1 the Services are being used by You, or Your Authorised Users, in violation of any applicable laws or regulations or this Agreement or in an unauthorised, inappropriate or fraudulent manner;
8.1.2 a Network Operator or Regulator requires it;
8.1.3 that there has been any misuse of the Services, breach of the Agreement or activity We determine, in Our sole discretion may be fraudulent activity including AIT whether or not this was authorised by You;
8.1.4 Your use of the Services adversely affects Our equipment or service to others;
8.1.5 We are prohibited by an order of a court or other governmental agency from providing the Services;
8.1.6 there is a denial of service attack or any other event which We determine, in Our sole discretion, may create a risk to the Services or to any other customers if the Services were not suspended;
8.1.7 there is a security incident or other disaster that impacts the Services or the security of the Services, Your account or Your Data; or
8.1.8 any amount due under this Agreement is not received by Us within fifteen (15) days of it becoming due for payment.
8.1.9 Where the reason for the suspension is suspected misuse of the Services or breach of the Agreement, without prejudice to Our rights, We will notify You of this as soon as reasonably practicable, take steps to investigate the issue and will restore access or continue to suspend access in accordance with the results of Our investigation.
8.1.10 to perform planned or emergency maintenance to the Platform;
8.1.11 if we are unable to provide the Services due to changes to Our relationship with a third party which is necessary for us to provide the Services.
8.2 Without limiting the generality of this Section, We will have no liability for any damages, liabilities or losses as a result of any suspension, limitation or termination of Your right to use the Services pursuant to this Section 8.
8.3 The Agreement will remain in force until terminated by a Party (the “Term”). The Agreement may be terminated by either Party by giving thirty (30) days advance written notice to the other Party. The aforementioned notice period for termination by You shall be subject to Your full payment of any and all sums owing from You to Us under this Agreement.
8.4 Upon termination of any Service, all Tariffs incurred in relation to the terminated Service(s) shall become immediately payable including the balance of any subscriptions remaining until the end of the Term.
9. Restrictions
9.1 Unless otherwise agreed in writing by Us, You will not, and will not permit any Authorised User or other party to:
9.1.1 modify, adapt, alter, translate, or create derivative works of the Services;
9.1.2 sublicense, lease, rent, loan, distribute, or otherwise transfer the Services or Documentation to any third party;
9.1.3 reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organisation) of the Services, except to the extent expressly permitted by applicable law (and then only upon advance written notice to Us);
9.1.4 bypass, delete, or disable any copy protection or security mechanisms of the Services;
9.1.5 use or demonstrate the Services in any other way that is in competition with Us;
9.1.6 remove any notice of proprietary rights from the Services;
9.1.7 attempt to gain unauthorised access to, or disrupt the integrity, performance or security of the Services or the data contained therein;
9.1.8 use or copy the Services or Documentation, except as expressly allowed herein or
9.1.9 use the Services in violation of the Acceptable Use Policy. We have the right, but not the obligation, to review and monitor all use of the Services to ensure compliance with the terms and conditions of this Agreement.
9.2 Failure to comply with this Clause 9 may result in suspension or termination of Your account.
10. Confidential Information
10.1 Unless agreed to in writing prior to its disclosure, the Receiving Party will not:
10.1.1 use any of the Disclosing Party’s Confidential Information for any purpose other than fulfilling Receiving Party’s rights and obligations under the Agreement;
10.1.2 disclose Confidential Information to any third party except for entities (eg. Affiliates, contractors, legal counsel) (collectively, “Representatives”) who have a “need to know” in order for Receiving Party to fulfill its rights and obligations under these Terms. Representatives will be bound to protect Confidential Information under the same terms of confidentiality as the Receiving Party, and Receiving Party will be responsible for any breach by Representatives of those obligations.
10.2 The Receiving Party may disclose Confidential Information of Disclosing Party to the extent compelled by regulation, law, court order, contractual obligations with communications providers, or in response to an emergency disclosure request, provided (i) Receiving Party promptly gives Disclosing Party prior notice of the compelled disclosure to the extent legally permitted and to the extent practicable in the circumstances, (ii) Receiving Party discloses only the Confidential Information legally required and (iii) Receiving Party provides reasonable assistance, at Disclosing Party’s sole expense, if Disclosing Party wishes to contest the disclosure.
11. Maintenance
11.1 Our Services may become temporarily unavailable:
11.1.1 to perform scheduled or unscheduled maintenance, modifications, or upgrades;
11.1.2 due to hardware failures, power outages, or failures of third-party providers;
11.1.3 to mitigate or prevent the effects of any threat or attack to the Services or any other network or systems on which the Services rely; or
11.1.4 as required for legal or regulatory reasons.
11.2 We will make a reasonable effort to notify you in advance of any Services’ scheduled maintenance but You acknowledge that You may not receive any notice where the outage is caused by a Force Majeure Event or for other emergency maintenance.
11.3 Except as agreed between the parties in writing, to the greatest extent permitted by applicable law, We will have no liability for any damages, losses (including any loss of data or profits), or any other consequences that You may incur as a result of unavailability of Services or the failure to provide notice of unavailability.
12. Intellectual Property
12.1 We own all Intellectual Property Rights in and to the Services and these shall remain vested in Us or the relevant third party owner. To the extent that You, any of Your Affiliates or any person acting on Your or their behalf acquires any Intellectual Property Rights in the Services, You will assign or procure the assignment of such Intellectual Property Rights with full title guarantee (including by way of present assignment of future Intellectual Property Rights) to Us or such third party as We may elect. You will execute all such documents and do such things as We may consider necessary to give effect to this clause.
12.2 To the extent that necessary to perform or provide the Services or to exercise or perform Our rights, remedies and obligations under the Agreement, You hereby grant a royalty-free, non-transferable, non-exclusive licence for Us (and each of Our direct and indirect sub-contractors) to use, copy and otherwise utilise Your Data and Customer Systems.
12.3 Except for the rights expressly granted in the Agreement, You, any of Your Affiliates and Your direct and indirect sub-contractors, will not acquire in any way any title, rights of ownership, or Intellectual Property Rights of whatever nature in the Services and no Intellectual Property Rights of either party are transferred or licensed as a result of the Agreement.
13. Force Majeure
13.1 Except for obligations related to Payment, each party will be excused from any failure or delay of performance to the extent caused by unavoidable events beyond its reasonable control and not caused by it such as natural catastrophes, laws, orders, regulations, directions or actions of governmental authorities, act of war, hostility, or sabotage, failure of electronic communication or digital transmission links, or failure of any third-party operating systems, platforms, applications or networks not under the party’s reasonable control.
13.2 Both parties will take reasonable actions to minimise the consequences of these events.
13.3 A party will be excused from future performance under this Agreement, if
13.3.1 the other party becomes, directly or indirectly, subject to sanctions or restrictive measures imposed by competent governmental authorities, or
13.3.2 the performance of any aspect of this Agreement would require that party to engage in a transaction with a person, directly or indirectly, subject to such sanctions or restrictive measures.
14. Limitation of Liability
14.1 The extent of each party’s liability under or in connection with the Agreement (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation or under any indemnity) shall be as set out in this clause 14.
14.2 Notwithstanding any other provision of the Agreement, neither party’s liability shall be limited in any way in respect of the following:
14.2.1 death or personal injury caused by negligence;
14.2.2 fraud or fraudulent misrepresentation; or
14.2.3 any other losses which cannot be excluded or limited by applicable law.
14.2.4 Your liability shall not be limited in any way in respect of any claim under the indemnity in clause 7.4 in respect of any liability incurred by Us in relation to a fine or other penalty imposed on Us by a Network Operator.
14.3 Subject to clause 14.2 and excluding Your payment obligations, the total aggregate liability of each party howsoever arising under or in connection with the Agreement shall not exceed the lesser of:
14.3.1 an amount equal to three times the amount for all Services You have paid to Us in the 12-month period immediately preceding the first incident giving rise to any claim under the Agreement; or
14.3.2 £50,000.
14.4 Subject to clause 13.2, neither party shall be liable for consequential, indirect or special losses.
14.5 Subject to clause 13.2, neither party shall be liable for any of the following (whether direct or indirect):
14.5.1 loss of profit;
14.5.2 destruction, loss of use or corruption of data;
14.5.3 loss of opportunity;
14.5.4 loss of savings, discount or rebate (whether actual or anticipated); and/or
14.5.5 harm to reputation or loss of goodwill.
14.6 To the maximum extent permitted by law, We will not be liable (under any legal theory, including negligence) for any breach, delay or default in the performance of the Agreement to the extent the same (or the circumstances giving rise to the same) arises or was contributed to by any Relief Event.
14.7 This clause 14 shall survive the termination or expiry of the Agreement.
15. Governing Law
This Agreement, and any Dispute arising out of or related to this Agreement, shall be governed by and construed in accordance with the laws of the applicable state or country listed in accordance with Clause 17.
16. Disputes
Each party agrees that the competent courts of the applicable state or country listed in Clause 17 of these Terms will have exclusive jurisdiction to settle any Disputes arising out of or related to this Agreement.
17. Contracting Entity
17.1 Unless otherwise agreed between the parties in writing, the legal entity You are contracting with from Our side will depend on where Your business is registered.
17.2 Please refer to the table below to confirm:
17.2.1 the legal entity entering into this Agreement from Our side,
17.2.2 the law that governs this Agreement, and
17.2.3 the courts that have jurisdiction over any dispute between the Parties
| Supplying Brand | Contracting Entity | Governing Law | Courts with exclusive jurisdiction |
| Esendex UK&I | Commify UK Limited | The laws of England and Wales | The Courts of England and Wales |
| Esendex Australia | Esendex Australia Pty Ltd | The laws of Victoria, Australia | The Courts of Victoria |
| Esendex France | Commify France SASU | The laws of France | The Courts of Paris |
| Esendex Spain | Commify Iberia S.L | The laws of Spain | The Courts of Barcelona (Catalunya) |
| Esendex Germany | Commify Germany GmbH | The laws of the Federal Republic of Germany | The Courts of Dresden |
18. Anti-Corruption
18.1 The parties, in addition to acting according to this Agreement, will comply with all Anti Corruption and Bribery applicable legislation.
18.2 Neither party nor its officers, directors, employees, agents, affiliates, delegates or representatives shall pay, offer or promise to pay or authorize the payment, directly or indirectly, of any money, gift, or any other type of favoring to an official or employee of a private organization or company, the government or a state agency, an agency or company which majority partner is a state body, a public organization, a candidate for public office or a political party, a member of a political party, any person acting in an official governmental capacity and any person or entity acting for or for the benefit of any of the parties mentioned in this paragraph, for the purpose of influencing any action or decision, whether to obtain a commercial advantage or to obtain or retain business, or to direct transactions for any person.
18.3 The parties further agree to maintain books, records and accounts which, in reasonable detail, accurately and fairly reflect the transactions undertaken and the disposition of assets; and will maintain, and provide to the other party on request, information that is reasonably required to verify compliance with this paragraph.
Schedule 1 – Definitions
The following terms shall have the following meanings:
Acceptable Use Policy: means Our policy on acceptable use of the Services, as available via the Platform and as may be updated from time to time;
AIT means any situation where Communications are sent, generated and/or simulated for the direct or indirect benefit of any entity (including a natural person) operation, or as a result of any activity by or on behalf of such entity; and result in a pattern which is disproportionate to the overall amount and/or extent of Communications which would be expected from good faith usage or acceptable and reasonable commercial practice and shall include, without limitation any situation where any member of the public (including partnerships, companies and corporations) is misled into sending or receiving Transactions by such party, any breach of any relevant law or of any then current industry ruling, regulation, convention, policy guidance or statement of principle; or any activity which has the effect, intended effect or likely effect of preventing the billing system from capturing any necessary billing information or causing incorrect billing by the billing system;
Authorised User: means Your employees or contractors authorised by You to use the Services in accordance with these terms of service;
Communication: means any SMS, email, voice or other message or communication sent or received using the Services;
Confidential Information: means any information or data disclosed by one Party (“Disclosing Party”) to the other (“Receiving Party”) that is marked as confidential or that should be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. Confidential Information does not include any information which: (a) is independently publicly available; (b) was rightfully known by Receiving Party prior to disclosure by Disclosing Party; (c) was lawfully disclosed to Receiving Party by another party not under any obligation or breach of confidentiality; or (d) is independently developed by or for Receiving Party without use of or reference to the Confidential Information of Disclosing Party;
Custom Agreement: means a non-standard agreement entered into between the parties;
Data: means data that is processed by Us on Your behalf to perform the Services;
Disclosing Party: means the party disclosing confidential information to the other party;
Disputes: means any dispute, claim, or controversy (whether in contract, tort or statute) arising out of or related to this Agreement;
DPA: means the Data Protection Agreement We have in place as available via the Platform;
Expiry Date: means the date on which Your Sending Balance will expire;
Force Majeure Event: means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under our Agreement (provided that an inability to pay is not Force Majeure), including any matters relating to transfer of data over public communications networks and any delays or problems associated with any such networks or with the internet;
Intellectual Property Rights: means any and all copyright, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, domain names and all similar rights and, in each case whether registered or not;
Negotiated Destination Tariff: means the tariff You have negotiated with Us for a particular destination;
Network Operator: means any telecommunications network operator;
Our Affiliates: means any entity that directly or indirectly controls, is controlled by, or is under common control with Us;
Platform: means the user interface and the API You log into to use Our Services;
Post-Pay Customer: means a customer paying the charges by invoice following use of the Services;
Receiving Party: means the party receiving the confidential information from the Disclosing Party;
Regulator: means any local, national or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority;
Renewal Date: means the date on which Your Subscriptions will renew unless You give notice in accordance with this Agreement;
Sending Balance: means the funds in Your account capable of being used for sending Communications;
Services: means the services ordered by You via the Platform, by email or by phone and provided by Us including any Service(s) used by You and more particularly detailed in Schedule 2;
Subscriptions: means the recurring service options available for Services;
Tariffs: means the prices at which the Services are offered at that particular point in time;
User Interface: means part of the Platform You log into to use Our Services; and
Your Data: means all data in any form that You upload or provide to Us or is hosted on any part of the Platform or in relation to any of the Services or is contained in a Communication.
Schedule 2 – Services
SMS
SMS enables You to create, send and receive responses to personalised transactional, notification & marketing SMS using an API or the Platform.
Messages can be sent as either one-way sends, or, two-way SMS conversations can be held with individuals using the API or the User Interface.
Conversational Messaging requires subscription to VMN or shortcode
Message prioritisation is available by contacting Your account manager, please note prioritisation is not guaranteed and will not take precedence over some message types.
You are responsible for taking steps to maximise the delivery rate, such as verifying phone numbers and correcting errors