Product Specific Terms

This Product Specific Terms statement was last updated on July 18, 2023

These Product Specific Terms govern the use of the Services provided by Simptel and its subsidiaries to the (end-)user. These Product Specific Terms are a part of the Agreement. Terms used in these Product Specific Terms but not defined below are defined in the general Terms and Conditions used by Simptel and its subsidiaries or other agreements governing the use of the Services.

1. Voice

This section applies to the use of Voice Services as a standalone channel or as an integrated or associated part of other products provided by Simptel or its affiliates.
The (end-)user has to ensure that the Voice Services will be used in accordance with all applicable laws and regulations, including access to emergency services and cooperation with law enforcement agency requests. It is the responsibility of the (end-)user to, for example, (i) adhere to the local laws and regulations regarding do-not-call and do-not-disturb registries; (ii) refrain from transmitting inaccurate calling number information with the intent to defraud, cause harm, or wrongfully obtain something or value, (iii) collect prior express written consent, or other consent required by applicable law, before making unsolicited calls and (iv) comply with call time restrictions.
The (end-)user will comply with Simptel as necessary, to determine the origin of a voice call that is suspected of being an illegal robocall by identifying (i) the upstream voice service provider from which such voice calls entered the network, or (ii) the (end-)user’s own (end-)user or (end-)user, as applicable, if such a voice call originated from within Simptel’s or the (end-)user’s own network.
The (end-)user will respect consumer and data protection at all times. Before the (end-)user records calls, the (end-)user should obtain the necessary authorization from the (end-)users if required by applicable law.
The (end-)user should not have a high volume of unanswered phone calls or phone calls that are too short in duration, as defined in the applicable laws and regulations.
The (end-)user shall not offer any emergency services to (end-)users. Emergency services means any services that allow a (end-)user to connect with emergency personnel or public safety answering points, such as 911, 112 or E911 services.
The (end-)user will not in any way participate or assist in any fraudulent activities, directly or indirectly. If the (end-)user suspects, knows or should reasonably know or be aware of fraudulent activities, the (end-)user will immediately cease the use of the Voice Services and notify Simptel. Collecting confidential information by requesting responses via Voice Services without prior contact and/or consent is not allowed. Simptel does not support or accept fraudulent activities. Simptel will make sure to investigate and take the appropriate steps to stop such behaviour without undue delay, including notification of the relevant authorities.
Violations of these provisions may result in deactivation and third party liability. Simptel actively makes sure that this practice is respected. The (end-)user agrees to Simptel’s right to request opt-in proof, together with other relevant information such as the general purpose of the (end-)user’s campaigns and a sample. If the (end-)user fails to provide evidence of confirmation of your recipients to have opted-in for receiving this Voice Service within 24 hours from the delivery of Simptel’s request, Simptel reserves the right to suspend or deactivate the (end-)user’s account. When this occurs, the purchased credits will not be refunded. Simptel may also suspend the (end-)user's account in case of complaints from any third party, recipient, (end-)user or in any other person or entity directly or indirectly making use of the Voice Services. Notwithstanding anything in this section to the contrary, the (end-)user is and will remain solely responsible for all usage of the Voice Services, fraudulent or otherwise.
The (end-)user will be charged by Simptel for the Voice Services per second for each call initiated by the (end-)user or processed by Simptel’s platform in accordance with the Agreement, regardless of the actual receipt of such call by the recipient.

2. SMS

This section applies to the use of SMS Services as a standalone channel or as an integrated or associated part of other products provided by Simptel or its affiliates.
In order to promote successful transmission of legitimate SMS unhindered by filtering or other blockers, the (end-)user should cooperate with Simptel to prevent and eliminate unsolicited SMS and any spam. For this purpose, the (end-)user agrees to obtain the required level of consent from each recipient before the (end-)user initiates any SMS, and the (end-)users further agrees to comply with applicable laws and communications industry and telecommunications carrier standards.
The (end-)user agrees to comply with consent obligations according to applicable laws and regulations, including, without limitation (i) getting opt-in or another valid form of consent from each message recipient before initiating any communication to them, particularly for marketing or other non-essential communications, (ii) in case of SMS campaigns, supporting opt-out messages in the message recipient’s local language, (iii) not contacting message recipients on do-not-call or do-not-disturb registries, (iv) keeping and maintaining a record of consent for accountability purposes, and (v) providing proof that the (end-)user has obtained valid consent from the message recipient.
If the (end-)user provides its own (end-)users or clients with the ability to send SMS through Simptel, the (end-)user is responsible for the SMS activity of these (end-)users. The (end-)user must ensure that any SMS activity initiated by its (end-)users complies with the Agreement and policies, applicable laws and regulations, and industry standards, including telecommunications providers’ policies. Without limiting or affecting the foregoing, the (end-)user is responsible for compliance with all obligations that apply to the use of SMS Services based on applicable laws, which may include the jurisdiction in which the message recipient is located, the sender of the message is registered, or any other nexus that triggers the application of any domestic laws.
The (end-)user should not, directly or indirectly, initiate any SMS contact that is illegal, harmful, unwanted, inappropriate, objectionable, or otherwise poses a threat to the public, even if the content is permissible by law. Other prohibited uses include (i) content that is prohibited by applicable law in the jurisdiction where the message recipient lives, (ii) hate speech, harassment, exploitative, abusive, or any communications that originate from a hate group, (iii) fraudulent and/or misleading content, (iv) malicious content, such as malware or viruses, (v) content that violates telecommunications carrier standards, and (vi) and content that is designed to intentionally evade filters. Engaging in activities or transmitting through the Services any information that is libelous or defamatory or otherwise malicious or harmful to any person or entity or discriminatory based on race, religion, sex, nationality, disability, sexual orientation or age is prohibited.
If the (end-)user is sending SMS in any way related to alcohol, gambling, tobacco, firearms or other adult content, in addition to obtaining consent from every message recipient, the (end-)user must ensure that no message recipient is below the legal of consent based on where the message recipient is located. The (end-)user must (i) ensure that the SMS content complies with all applicable laws and regulations of the jurisdiction in which the message recipient is located or applicable communications industry guidelines or standards, (ii) communicate during the message recipient’s daytime hours only unless it is urgent, and (iii) be able to provide proof that the (end-)user has in place measures to ensure compliance with these restrictions.
The (end-)user should not use Simptel’s platform to circumvent Simptel’s or a telecommunications provider's spam or unsolicited SMS detection and prevention mechanisms.
The (end-)user will not misrepresent itself when sending messages through the Services. Spoofing the Sender ID, or otherwise attempting to send misleading messages to (end-)users in respect to the (end-)user’s true nature, is never allowed.
The (end-)user will not participate or assist in any way in fraudulent activities, directly or indirectly. If the (end-)user suspects, knows or should reasonably know or be aware of fraudulent activities, the (end-)user will immediately cease the use of the SMS Services and notify Simptel. Collecting confidential information by requesting responses via Voice Services without prior contact and/or consent is not allowed. Simptel does not support or accept fraudulent activities. Simptel will make sure to investigate and take the appropriate steps to stop such behaviour without undue delay, including notification of the relevant authorities.
SMS marketing strategies have a number of benefits and their own rules. Mass marketing restrictions apply and vary from country to country. The (end-)user is under an obligation to ensure that they are aware of and respect the rules that apply to the transmission of SMS mass marketing or bulk messaging, specifically as to consent.
Violations of these provisions may result in deactivation and third party liability. Simptel actively makes sure that this practice is respected. The (end-)user agrees to Simptel’s right to request opt-in proof, together with other relevant information such as the general purpose of the (end-)user’s campaigns and a sample. If the (end-)user fails to provide evidence of confirmation of your recipients to have opted-in for receiving the SMS within 24 hours from the delivery of Simptel’s request, Simptel reserves the right to suspend or deactivate the (end-)user’s account. When this occurs, the purchased credits will not be refunded. Simptel may also suspend the (end-)user's account in case of complaints from any third party, recipient, (end-)user or in any other person or entity directly or indirectly making use of the SMS Services. Notwithstanding anything in this section to the contrary, the (end-)user is and will remain solely responsible for all usage of the SMS Services, fraudulent or otherwise.
The (end-)user will be charged by Simptel for each SMS that has been initiated by the (end-)user and processed by Simptel’s platform in accordance with the Agreement, regardless of the actual receipt of such SMS by the recipient.

3. Numbers

This section applies to the use of telephone numbers, alphanumeric numbers and short-codes (Numbers Services) as a standalone service or as an integrated or associated part of other products provided by Simptel or its affiliates.
The (end-)user will provide Simptel with correct and accurate information, such as about the intended use and identity of the actual (end-)users of the numbers that Simptel requests from the (end-)user at any point in time.
The (end-)user acknowledges and agrees that the use of the Numbers Service does not grant them any ownership or other rights to telephone numbers other than the revocable use rights expressly set out in the Agreement. After the end date of the Agreement, the (end-)user can choose to retain the number in which case it will become the (end-)user’s property from that date forward. If the (end-)user chooses not to retain the number, it will be disconnected by Simptel.
The (end-)user does not have the right to use telephone numbers indefinitely and such numbers can be disconnected at any time, without notice, in the following cases: (i) non-compliance with legal, regulatory, self-regulatory, governmental, statutory or telecommunication network operator’s requirements or codes of practice for the use of such numbers; and (ii) numbers used by suspended, terminated or trial accounts.
The (end-)user acknowledges and agrees that telephone numbers provided by Simptel or its affiliates may be reclaimed by Simptel, its affiliates, or the applicable supplier, including but not limited to situations where the (end-)user does not send sufficient traffic over that telephone number such that the telephone number is unutilized or underutilized, as defined by any local, federal and/or national regulatory agency and or governmental organization with oversight over the relevant telephone number and numbering plan; or in situations where the (end-)user does not send any calls to the telephone number for three (3) consecutive months, whichever is sooner. Except for cases as set forth in this section, Simptel will use its best efforts to provide at least seven (7) days advance notice of reclamation via email, except where Simptel is prevented from doing so by applicable law, the competent regulatory agency or governmental organization, or the relevant supplier. The disconnection or reclamation of a telephone number does not grant the (end-)user the right to terminate the Agreement or any order form or suspend any (payment) obligations under the Agreement.
The Customer may not transfer or assign a telephone number unless explicitly agreed by Simptel in writing.
The (end-)user shall not forward from virtual numbers provided by Simptel to a dead endpoint. The (end-)user must make a reasonable effort to receive or answer the message, as applicable.
Violations of these provisions may result in deactivation and third party liability. Simptel actively makes sure that this practice is respected. Simptel may also suspend the (end-)user's account in case of complaints from any third party, recipient, (end-)user or any other person or in any case where the (end-)user’s behaviour is reasonably believed the violate the Agreement, including these Product Specific Terms. The (end-)user will be solely responsible for all risks, expenses and liabilities arising from or relating to fraudulent usage of the Number Service by them, their (end-)users, or any other person or entity directly or indirectly making use of the Numbers Service. Notwithstanding anything in this section to the contrary, the (end-)user is and will remain solely responsible for all usage of the Numbers Services, fraudulent or otherwise.

4. Recordings

The functionality for recording, storing, downloading and deleting video or audio calls can be made available by Simptel on request by the (end-)user.
The (end-)user is responsible for compliance with all applicable laws and regulations the (end-)user’s use of the video or audio calls recording functionality, including but not limited to, data protection laws and intellectual property rights.
A file will be created during the call which contains the selected contents of the call.
Video or audio call recordings can be stored with Simptel, or on premise with the (end-)user. Depending on the type of storage, the following applies: - With Simptel: the file will be encrypted and stored in a designated folder on the cloud server by us. The file can be downloaded directly by the (end-)user in MP4 format through a secured connection. This storage lasts until the (end-)user chooses to delete the file or until the (end-)user terminates the Agreement, whichever is sooner. - Transferring from Simptel to external storage: transferring of the files to the (end-)user is done through the (end-)user’s transfer mechanism of choice. Simptel will count the transfer as successful once it has initiated the transfer of the file, using the (end-)user’s transfer mechanism of choice and storage location of choice. Due to external factors (such as availability or updates of the (end-)user's transfer mechanism and storage location of choice) Simptel cannot guarantee the successful transfer of the file from Simptel to the (end-)user’s storage location of choice. Simptel therefore offers the (end-)user to keep a back-up of the file(s) in Simptel’s encrypted storage, before deleting the files held by Simptel. Simptel will keep the back-ups with due care and diligence. Upon request by the (end-)user, Simptel can also retain the file(s) in back-up until the (end-)user has confirmed that the file is transferred successfully. In this situation the (end-)user is fully responsible for the quality assurance of the video or audio call recordings and to make sure that this confirmation is correct. - In case the (end-)user uses manual recordings – i.e. recordings that may be started/stopped manually in the video call – the source data from Simptel is leading in identifying when the recording started/stopped. - Simptel is not liable for any loss or deletion of video or audio call recordings. Simptel is not liable for any claims from administrators, (end-)users, managers, planners and/or guests regarding the video or audio call recordings.- The (end-)user is responsible to inform their guests that the video or audio call is being recorded and stored, taking into account the information obligations under applicable data protection laws. Simptel assumes no responsibility when the (end-)user fails to do so. -The (end-)user agrees that it will not use, and will not permit any administrator, (end-)user, manager, planner and/or guest to the Services in violation of any of the applicable terms or in a manner that violates applicable laws and regulations, including but not limited to, anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of video and audio recordings. The (end-)user also agrees to be solely responsible for compliance with all such laws and regulations.

5. Support Services

If the (end-)user purchased a support plan from Simptel during the term of the Agreement, Simptel will provide Support Services to the (end-)user as laid out in accordance with the Service Level Agreement (SLA) with Simptel or as otherwise agreed in writing by both parties in a separate agreement.

6. API Services and Integrations

This section applies to all of Simptel's API Services and integrations, whether they are standalone services or integrated/associated with other products. It ensures that the terms and conditions stated here apply to all these API Services and their different implementation scenarios.
The (end-)user has the option to use the API Services and Integrations either on a prepaid or postpaid basis. Whether the (end-)user pays on a prepaid or postpaid basis, they can choose one of the following pricing plans (i) on a pay as you go basis, (ii) on a monthly plan (fixed price) basis, or (iii) on a trial or free of charge basis.
Prepaid plans will be invoiced at the start of each month. Postpaid pland will be invoiced at the end of each month.
For the monthly (fixed price) plans, Simptel will send an invoice to the (end-)user for the service fees on a monthly basis, at either the start or end of each month.
For the pay as you go plans, the (end-)user will be charge by Simptel per use of the API Integrations initiated by the (end-)user or processed by Simptel’s platform in accordance with the Agreement.
If the (end-)user has a pay as you go plan for the API Services and Integrations, they will have the option to put in place a Fee Threshold. Once the (end-)user had reached the Fee Threshold, their usage of the API Services and Integrations will be temporarily suspended.
For free of charge or trial plans, there will always be a Fee Threshold, which will be put in place by Simptel and will be displayed in-application. The (end-)user may discontinue their use of the free of charge or trial API Services and Integrations at any time. Once the (end-)user has reached the Fee Threshold for the free of charge or trial plan, their use of the API Services and Integrations will be suspended until they have upgraded to a paid-for plan
The (end-)user’s use of the API Services and Integrations is subject to the usage limitations as set out in the order form and as displayed in-application. The (end-)user will receive a notification on the e-mail address used to register for the Services when the (end-)user is at 80% or 100% of the Usage Limit. The (end-)user can add additional e-mail addresses for receiving such notifications or receive such notifications via other means.
Simptel may revoke Credentials and Client access, if necessary effective immediately, in the event of a security risk if and insofar necessary for security purposes.
Simptel performs continuous audit logging for its entire platform – whether its successful actions, error logging or solely informational data – and can track actions a(n) (end-)user is performing. An audit log contains information about the action, the client’s or (end-)users IP address, their user data and a timestamp of the logged action. Audit logging refers to the practice of recording and tracking events and actions within a system or applications to ensure accountability and compliance with security and regulatory requirements.