Terms of service

The agreement

These terms are between MessageReach Communications Ltd, company number HE 418206, registered at Griva Digeni 81, Office 4, 3101 Limassol, Cyprus("MessageReach", "we"), and the business entity holding an account ("you"). Where a signed order form or master services agreement exists, that document takes precedence wherever the two conflict.

The service is offered to businesses only. It is not offered to consumers, and nothing here limits rights a consumer would have under mandatory law.

Keys and access

Access is by API key. Keys are scoped to an environment and to a set of route classes, and you are responsible for everything done with a key issued to your account whether or not you authorised it. Keys must not be shared outside your organisation, embedded in a client application, or committed to a repository. Tell us immediately if a key is exposed and we will rotate it.

Sandbox keys are provided without charge and without any service commitment. They may be rate limited, reset or withdrawn at any time.

Customer obligations

You are the controller of the recipient data you submit, and you undertake that:

• You hold a valid gaming licence for every market you send into, and the markets attached to your key reflect that accurately.
• You hold a lawful basis for contacting each recipient and can evidence it if a network or regulator asks.
• You honour opt-outs, including any recorded through the platform, and you do not attempt to route around a consent record.
• Message content complies with the advertising and marketing rules of the destination market, including any responsible-play messaging it mandates.
• You do not send to a recipient known to have self-excluded from your brand.
• You do not use the service for content that is unlawful, deceptive, or designed to impersonate another party.

The fair use policy forms part of these terms and sets out what the gateway will and will not carry.

Service levels

We target 99.95% monthly availability of the API gateway, measured as the proportion of well-formed requests receiving a non-5xx response. Announced maintenance is excluded, as is any period whose cause is a mobile network outage outside our control.

Delivery of a message to a handset depends on the destination network and cannot be guaranteed by us. What we commit to is accepting, routing and submitting the message, and reporting honestly on what the network told us happened to it. Dedicated plans carry a contracted service credit regime; other plans do not.

Pricing and billing

SMS traffic is billed per segment at the published rate for the destination market. RCS is billed per conversation. Both are invoiced monthly in arrears, in euro, exclusive of applicable tax. A message refused at the gateway is not charged. A message submitted to a network is charged whether or not the network subsequently delivers it, because the network charges us on the same basis.

Invoices are payable within thirty days. We may suspend an account with invoices more than fourteen days overdue after written notice. Rate changes are given thirty days notice in writing, and network-imposed registration fees are passed through at cost and itemised.

Suspension

We may suspend a key or an account immediately where traffic breaches the fair use policy, where a network requires it, where consent for a body of traffic cannot be evidenced on request, or where continuing would put other customers' routes at risk. We will tell you why, and restore access once the cause is resolved. Suspension does not relieve either party of accrued obligations.

Intellectual property

We retain all rights in the platform, the API, the SDKs, the connectors, the documentation and the routing logic. You retain all rights in your data, your content and your sender identities. You may use the SDKs and the published specification to build against the API, including in a commercial product, but not to build a competing messaging gateway.

Liability

Neither party excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded. Subject to that, neither party is liable for indirect or consequential loss, loss of profit, loss of anticipated revenue, or loss of goodwill.

Our total aggregate liability in any twelve month period is limited to the charges you paid us in the twelve months before the event giving rise to the claim. We are not liable for a regulatory penalty arising from content you sent or a recipient list you supplied.

Term and termination

The agreement runs until terminated. Either party may terminate for convenience on thirty days written notice unless a signed order form says otherwise, and either may terminate immediately for a material breach not remedied within fourteen days of written notice, or on the other's insolvency.

On termination keys are revoked and access ends. We will export your message metadata on request within thirty days, after which data is deleted in line with the retention periods in the privacy policy.

Governing law

These terms are governed by the laws of Cyprus, and the courts of Cyprus have exclusive jurisdiction. Questions go to api@messagereach.net.