Specific conditions

1. Artificial Intelligence

The Services or any part thereof may be powered by or use artificial intelligence, machine learning, or similar technologies (“AI Components”). The following terms govern the use of AI Components.

1.1. AI Input and Output

Customer is solely responsible for any data, text, images, or other content uploaded or submitted to the AI Components (“Input”) and the data, text, images, or other content generated by the AI Components based on Customer’s Input (“Output”). Output generated by the AI Components may not always be correct, accurate, reliable and/or non-offensive. Customer is solely responsible for independently reviewing, evaluating, and verifying all Output before using, sharing or relying on it.

1.2. User Restrictions

Customer will not, directly or indirectly, use the AI Components: (i) to reverse engineer, decompile, discover or extract any underlying components of the models, algorithms, and systems; (ii) to develop its own artificial intelligence products, services, features, or technology, or any machine learning models or technology; (iii) to mislead anyone that an Output was human generated; or (iv) in any manner that violates applicable laws and regulations.

1.3. Third-Party AI

AI Components may utilize AI models and services provided by third parties (“Third-Party AI”) at the Customer’s exclusive risk and responsibility. Third-Party AI is subject to the then-current terms and conditions of such Third-Party AI providers. Customer acknowledges that the Input and Output, including Customer Content, will be shared with and processed by the Third-Party AI provider(s) to enable Customer’s use of AI Components.

1.4. Ownership and Rights

Customer will have the right to use the Output in accordance with the terms of this Agreement and all applicable laws. Customer agrees that Output may not be unique, and other users may receive similar Output when using LINK’s AI Components. Other than the right to use such Output, Customer will not retain any ownership rights in such Output. LINK’s and/or the Third-Party AI provider retain all ownership in and to the AI Components, including but not limited to all algorithms or models and aggregated results of developing the AI Components.

1.5. AI Disclaimer clause

The AI Components are provided “as is” and “as available.” The Customer acknowledges and agrees that the AI Services rely on complex algorithms and machine learning techniques, which may sometimes generate inaccurate, incomplete, or inappropriate information. LINK makes no warranty regarding the accuracy, reliability, the third-party rights (e.g., intellectual property rights), or the general suitability of the information provided by the AI Components for any particular purpose. Therefore, the Customer must independently verify any information or content provided by the AI Components before relying on it. To the extent permitted by applicable law, LINK disclaims all liability arising from or related to the use of or reliance on the AI Components or the information they provide.

1.6. Customer’s AI

The Customer is responsible for any system or agent (including artificial intelligence agents or automated systems) it uses to access or interact with the Services. The Customer acknowledges and agrees that it is fully responsible for the actions or omissions of these tools, systems, or agents, and for ensuring that their use complies with the terms of the Agreement and applicable laws. The Customer must transparently inform its End Users when implementing and using AI Components in its customer service. This includes, where applicable, providing clear disclaimers about the limitations and capabilities of the AI Components. The Customer is responsible for obtaining all necessary consents from End Users, if required by Applicable Law. The Customer is responsible for complying with Applicable Law regarding the use of AI Components provided by LINK. This includes compliance with data protection, confidentiality, and intellectual property laws and licenses. The Customer must use the AI Components responsibly and ethically, refraining from using or allowing their use for illegal, harmful, or offensive purposes.

2. Access to RCS communication channel

The following terms shall govern the use of the Product described in this Section 2. In case of conflict with the other terms and conditions of the Agreement, the terms herein shall have precedence.

Customer has chosen to use RCS as a Channel for Transmission of Messages. The terms herein are an integral part of Service agreement between Customer and LINK and include the specific terms for Customer’s use of RCS as communication Channel.

2.1. Brand approval

LINK will provide support to Customer in the process to receive necessary brand approval (declaration of Agent) from the Applicable Operator and Google LLC or relevant subsidiaries. However, it is at Customer’s risk and responsibility to obtain such approvals .

2.2. RCS MaaP providers

In order to enable RCS, Operators depend on RCS MaaP providers. RCS MaaP providers provide the core infrastructure to support the capabilities, message sending, and formatting of RCS Business Messaging, and are selected by mobile network operators in order to achieve the required quality of service for the messaging in question.

2.3. RCS Limitations

The use of RCS depends on certain requirements to be fulfilled: i)available to recipients with Android devices or other equivalent system, such as iOS, and ii)each individual recipient must have accepted RCS as a Channel on his/her device, and iii) each recipient must at the time the message is received have access to his/her native operator network. Customer accepts and understands that in such case that requirements are not fulfilled, the messaging through RCS as a channel will not be possible.

If Customer has chosen SMS as a product, messaging will be completed as standard SMS to the recipient(s) where the requirements are not fulfilled. In this case, the terms (incl. fees and invoicing )of the applicable SMS Service order shall apply.

Customer accepts and understands that policies and terms related to RCS MaaP providers are an integral part of Operator terms as referenced in the GTC, and that Customer must comply with all terms in order to use RCS as a messaging channel. Furthermore, Customer accepts and understands that LINK has no liability and provides no guarantees regarding RCS MaaP providers.

2.4. Third Party terms

Customer Accepts and understands that by its decision to use RCS services involving Google and/or Apple and/or any other mobile operating system provider or other third party ,(hereinafter referred to as "Third Party")the Customer's relationship with the relevant Third Party will be solely with them and will be subject to any terms, conditions, privacy policies, warranties or representations associated with that relationship. The use by the Customer of any Third Party products or services shall be at the Customer's sole discretion and risk. LINK makes no representations or warranties in relation to any service provided by or through any Third Party, or in relation to any Third Party's compliance with any law or regulation, including Data Protection Legislation.

2.5. Specific terms for Jibe

In the case that the MaaP provider selected by Operator is Jibe Mobile Inc., a wholly owned subsidiary of Google LLC, Customer accepts and understands that the specific terms in this section shall apply for Customer’s use of RCS as a channel. Customer agrees that the terms of the applicable Service Order, the Terms of Service for RCS Business Messaging (available at https://developers.google.com/business-communications/rcs-business-messaging/support/tos/), the Google APIs Terms of Service (available at https://developers.google.com/terms/), the Google Controller-Controller Data Protection Terms (available at Google Controller-Controller Data Protection Terms (safety.google)), Google API Services User Data Policy (available at https://developers.google.com/terms/api-services-user-data-policy) and all other applicable terms and policies that are incorporated by reference, (jointly referred to as the “Jibe terms”) are an integral part of the Agreement for Customer’s use of RCS with Jibe as a RCS MaaP provider. Customer understands and accepts that it is Customer’s responsibility to ensure compliance with the applicable Service Order and the Jibe Terms.

Acts or omissions by Customer, resulting in a breach of the applicable Service Order or the Jibe terms and/or any Third Party terms, may at any time prohibit Customer’s use of RCS.

3. Access to the WhatsApp Business Solution

The following terms shall govern the use of the Product described in this Section 3. In case of conflict with the other terms and conditions of the Agreement, the terms herein shall have precedence.

Customer has chosen to use the WhatsApp Business solution as a Channel for Transmission of Messages. The terms herein are an integral part of Service agreement between Customer and LINK and include the specific terms for Customer’s use of WhatsApp as communication Channel.

3.1. Verified WABA

Customer accepts and understands that in order to use WhatsApp the Customer must have a verified WhatsApp Business Manager account (WABA) and phone number. LINK Mobility will provide support and assistance to Customer in the process to receive necessary approval. However, it is at Customer’s risk and responsibility to ensure that such approval is in place.

3.2. Third Party terms

Customer Accepts and understands that by its decision to send Messages via OTT messaging application providers and in particular WhatsApp, the Customer's relationship with the relevant OTT messaging application providers will be solely with them and will be subject to any terms, conditions, privacy policies, warranties or representations associated with that relationship. The use by the Customer of any WhatsApp services shall be at the Customer's sole discretion and risk. LINK makes no representations or warranties in relation to any service provided by or through any OTT messaging application providers, or in relation to any OTT messaging application providers compliance with any law or regulation, including Data Protection Legislation.

Based on the above, the Parties agree that Customer’s use of WhatsApp as a Channel for Transmission is outside the Scope of Data Processing Agreement binding the Parties. Customer accepts and understands that any processing of personal data when using WhatsApp as a channel is governed by the WhatsApp Data Processing Terms (available on https://www.whatsapp.com/legal/business-data-processing-terms) and all other applicable terms and policies that are incorporated by reference.

Information about WhatsApp’s provision of electronic communication services, as required by the European Electronic Communication’s code, is available on https://www.whatsapp.com/legal/eecc-notice-eea

3.3. Compliance with WhatsApp terms

Customer understands and accepts that it is Customer’s responsibility to ensure compliance with this Appendix and the WhatsApp Terms. The WhatsApp terms include the WhatsApp Business Terms of Service (available at https://www.whatsapp.com/legal/business-terms/), the Meta Terms for WhatsApp Business (available at https://www.whatsapp.com/legal/meta-terms-whatsapp-business), the WhatsApp business Solution Terms (Available at https://www.whatsapp.com/legal/business-solution-terms/), the WhatsApp Business Solution Policy (available at https://www.whatsapp.com/legal/business-solution-policy), and all other applicable terms and policies that are incorporated by reference, (jointly referred to as the “WhatsApp terms”)

WhatsApp transparency report under the EU Digital Services Act (DSA) is available at https://www.whatsapp.com/legal/?fbclid=IwAR0zxymEMeoyu8MeN-JZPFt0BoXeuqv-1wzc-uv8pkkOORs3OXOtTEwET9U

Customer understands and accepts that LINK will provide Meta with reports related to Customers’ usage of the WhatsApp Business Solution, as may be requested by WhatsApp from time to time.

Customer accepts and understands that the terms of this Appendix do not in any way provide Customer with a right to (a) resell the WhatsApp Business Solution or allow third parties to integrate with, access or use the WhatsApp Business Solution, or (b) use any of the Meta or WhatsApp names and trademarks in any way.

Customer accepts and understands that any processing of personal data when using WhatsApp as a Channel is governed by the WhatsApp Data Processing Terms (available on https://www.whatsapp.com/legal/business-data-processing-terms) and all other applicable terms and policies that are incorporated by reference.

Acts or omissions by Customer, resulting in a breach of this Appendix or the WhatsApp terms, may at any time prohibit Customer’s use of WhatsApp .

3.4. Specific terms for WhatsApp’s hosting of WhatsApp Business Client

In the case that the WhatsApp Business Client, required to use the WhatsApp Business Solution, is hosted by WhatsApp, as described in Meta Terms for WhatsApp Business (https://www.whatsapp.com/legal/meta-terms-whatsapp-business) the Customer accepts and understands that it is required to adhere to the Hosting terms for Cloud API available at https://www.facebook.com/legal/Meta-Hosting-Terms-Cloud-API

3.5. Audits

Upon reasonable prior notice to Customer, Customer will provide LINK or WhatsApp and its auditors with access to, and assistance and information that they may reasonably require with respect to, Customer’s compliance with the WhatsApp terms. If an audit identifies that Customer is not in compliance with the WhatsApp terms, Customer will correct such noncompliance no later than 72 hours after notice of noncompliance, and will reimburse LINK, Meta or WhatsApp., as applicable, for all reasonable costs and expenses of such audit, and upon completion of such remediation, certify to LINK in writing that Customer has addressed the non-compliance, and is now in compliance.

4. Cost of Breaches

Without prejudice to any other rights and actions, LINK will recharge the Client for any penalties, sanctions, and fees invoiced by Operators and/or any supervisory authority in the event of a breach by the Client of the compliance and ethical obligations stipulated in the Contract, which include the Business Messaging Rules and all applicable laws and regulations. Furthermore, LINK will apply an administrative processing fee for any breach by the Client reported by an Operator and/or a supervisory authority.

Campaign reported by an Operator and/or a supervisory authority resulting in the application of a penalty, sanction, and/or processing fee: amount invoiced by the Operator and/or supervisory authority, regardless of its nature, plus an administrative processing fee of €500 per report by Operator and/or supervisory authority
Campaign reported by an Operator and/or a supervisory authority: administrative processing fee of €500 per report by Operator and/or supervisory authority

The cost of the breach will be invoiced and is payable upon receipt of the invoice. If LINK holds credit amounts in favor of the Client, the invoice is stipulated to be payable by legal compensation (Article 1347 of the Civil Code) up to the corresponding amount.