1. Who we are and what these terms cover
These Terms of Service (“Terms”) govern the use of the Zezep messaging platform (the “Service”), which Rixiss AG (“we”, “us”) provides. Our registered details are shown on this page under “Issued by”. The Terms apply to every business (“you”) that opens an account, sends or receives messages, or connects to the Service through its web console, its HTTP API or SMPP.
The Service is offered to businesses only. By opening an account you confirm that you act for a business and that you may accept these Terms on its behalf.
2. The Service
The Service lets you send and receive SMS through the web console, the HTTP API and SMPP 3.4, with delivery receipts, campaigns, automations, a two-way inbox and reports. We route each message to a mobile network operator, directly or through carriers we contract with.
A delivery receipt reports what an operator told us about a message. We pass it on as we receive it. We do not control mobile networks, handsets or operators beyond our own systems.
We may change the Service to improve it, to keep it secure or to follow the law. We tell you in advance about a change that materially reduces what the Service does for you.
3. Your account
- You keep your passwords, API keys and SMPP credentials confidential, and you are responsible for everything done with them.
- You tell us without delay about any use of your account you did not authorise.
- You keep the details in your account accurate, including your company details and billing contact.
- You may give your staff access with the roles the console offers. You remain responsible for what they do.
4. Acceptable use
You may use the Service only for lawful messages to recipients who expect them. In particular, you must:
- hold the consent, contract or other lawful basis that the recipient’s law requires before you send, keep a record of it, and show it to us when we ask;
- honour every opt-out at once: a recipient who replies STOP, or unsubscribes, receives no further marketing from you;
- identify yourself in your messages, and use only the sender IDs and numbers you own or are authorised to use;
- follow the sending hours, content rules and registration requirements of each destination country and operator;
- send no spam, phishing, malware or fraud, and no message that impersonates another person or organisation;
- send no content that is unlawful, deceptive or harassing, or that promotes illegal goods or services;
- not use the Service to test, probe or interfere with networks, or to send traffic we have told you we do not carry.
We may refuse, hold or block a message or a sender ID that breaks these rules or that an operator refuses, and we may ask you for evidence of consent. A message we refuse before an operator accepts it is not charged.
5. Prices, prepaid balance and charges
- Prices are per message part and per destination, as published on our pricing page or agreed with you in writing. A long message, or one with characters outside the GSM alphabet, is sent in several parts, and each part is charged as one message.
- The Service is prepaid: you top up your account’s balance, and messages are paid from it. Where we agree a credit limit with you in writing, you may send up to that limit.
- A message is charged when the operator accepts it, that is, when the operator’s network acknowledges the submission and returns a message ID, unless your written agreement provides that you are charged on delivery. A delivery receipt that arrives afterwards does not change the charge. A message refused before an operator accepted it is not charged.
- Prices do not include taxes. We add value added tax or a similar tax where the law requires it.
- We may change our prices. A change applies to messages sent after it takes effect. We give you at least 14 days’ notice of an increase, unless an operator’s own change leaves us less time, in which case we tell you as soon as we can.
- [To be decided by the owner: what happens to an unused balance when an account is closed.]
6. Suspension and termination
- We may suspend the Service, in whole or for particular traffic, without prior notice where this is needed to stop a breach of these Terms, fraud or a security threat, or to comply with the law or with a request of an operator or an authority. We tell you why, unless the law prevents it, and restore the Service once the cause is resolved.
- You may close your account at any time. We may end these Terms on 30 days’ notice, or at once if you seriously or repeatedly breach them.
- When these Terms end, your access to the Service ends. Obligations that by their nature survive, such as payment, confidentiality and the limits of liability, remain.
7. Your data
- You control the data you upload to or send through the Service, such as contacts, message content and recipients’ numbers. We process it on your behalf and on your documented instructions, as your processor, under the data processing terms that form part of these Terms. [The data processing agreement is to be issued with the legal review.]
- Our privacy notice explains how we process personal data for our own purposes, such as the contacts of your account and the requests sent from our website.
8. Availability
We aim to keep the Service available at all times, but we do not promise uninterrupted operation. A service level applies only where we have agreed one with you in writing. We announce planned maintenance in advance where we can.
9. Intellectual property
We own the Service and its software. While these Terms apply, you have a non-exclusive, non-transferable right to use the Service for your business. You keep all rights in your content.
10. Warranties and liability
- We provide the Service with reasonable skill and care. Beyond that, and as far as the law allows, we give no warranty that the Service suits a particular purpose or that every message will be delivered: delivery depends on operators and handsets beyond our control.
- Neither party is liable for indirect or consequential loss, lost profit or lost data, except where the law does not allow that liability to be excluded.
- Our total liability in any 12 months is limited to what you paid us for the Service in those 12 months. This limit does not apply to liability for intent or gross negligence, or where the law does not allow it.
- You indemnify us against claims of third parties that arise from your content or from your breach of section 4.
11. Changes to these Terms
We may change these Terms. We publish the new version on this page with its date, and we tell you about a material change at least 30 days before it takes effect. If you continue to use the Service after that date, you accept the new version.
12. Governing law and jurisdiction
[To be set by counsel: the governing law, the place of jurisdiction, and any rules that apply in the customer’s country regardless of this choice.]
13. Contact
Questions about these Terms go to Rixiss AG, at the postal address or the email address shown under “Issued by” on this page.