Terms and Conditions

1. Introduction

These Terms and Conditions form part of the Agreement between INTERACTIVE 3G and the Customer for the provision of the Services. Together with the Special Conditions (if applicable) and the Personal Data Processing Agreement, they constitute the contractual framework governing the provision of the Services and their use by the Customer.

This Agreement applies to any use of the Services or Products provided by INTERACTIVE 3G, even when used free of charge.

The Agreement sets forth the applicable general terms and conditions. In the event of any discrepancy between the terms of the various documents comprising the Agreement, the following order of priority shall apply, from highest to lowest:

  1. The Special Conditions.
  2. The Service Annexes, with priority being given to the most recent in the event that there are several for the same Service.
  3. The present Terms and Conditions, including its Annexes.
  4. Any other documents that may have been added, the most recent taking precedence in case of discrepancy between them.

In case of conflict between the Personal Data Processing Agreement and any other part of the Agreement, the Personal Data Processing Agreement shall take precedence exclusively as regards the processing of Personal Data by INTERACTIVE 3G on behalf of the Customer.

By creating a Customer account, the Authorized User acknowledges having read these Terms and Conditions of Sale and Use and accepts them without reservation and in their entirety.

 

2. Subject Matter of the Agreement

INTERACTIVE 3G grants the Customer, subject to the terms of this Agreement and payment of the agreed price, a limited, non-exclusive, non-transferable and revocable right to use and access the requested Services for the purpose of communications with End Users. The Customer will always have access to the most current version of the Services offered by INTERACTIVE 3G.

The Client will use the Services solely for his or her own benefit, under his or her own name and at his or her own expense. Customer agrees to be legally bound by the terms of this Agreement.

Customer is responsible for obtaining and maintaining all infrastructure, equipment and resources necessary to access and use the Services, including hardware and Internet connection, at Customer’s own risk. In addition, Customer ensures that its equipment and systems do not interfere with or disrupt the Services contracted with INTERACTIVE 3G.

If the Customer requires Third Party Products to use the Services, the Customer shall be solely responsible for entering into the necessary agreements with the suppliers of such products, as well as for the use and operation of such products. INTERACTIVE 3G assumes no responsibility for the performance, operation or any other matter relating to the Third Party Products.

INTERACTIVE 3G agrees to comply only with regulations generally applicable to companies providing software services and communications solutions. This obligation shall not be construed as a requirement to comply with regulations or standards specific to particular industries (such as insurance, legal, financial services, etc.). Any additional obligation in this regard shall be the sole responsibility of the Customer.

 

3. Definitions and Interpretation

Agreement: means, collectively, the Special Conditions of the INTERACTIVE 3G Service Agreement, these Terms and Conditions, all other attachments set forth in the Special Conditions, the Service Attachments and any subsequent attachments or amendments.

Data Protection Addendum: means the data protection addendum identifying certain respective rights and obligations of the parties with respect to personal data and privacy under the Agreement.

Service Addendum: means the written request to order one or more Services, signed by both Parties. Also referred to as “Addendum”.

Customer: means an individual or legal entity that enters into a contract for the provision of Services with INTERACTIVE 3G and thereby becomes subject to these Terms and Conditions, together with all documents comprising the Agreement.

Content: means a message, including a text message or a binary message, an executable code or any multimedia message comprising text, audio or video clips, numerals, symbols, animation, graphic illustrations, photographs and other materials in digital electronic format, provided by the Customer, contained in a Message (SMS message, Email message, OTT message, RCS message, Conversational message, MMS message, Certified SMS message, Certified Email message, voice message, video message, etc.) sent by the Customer through the use of the Services, as well as any content that the Customer transfers to INTERACTIVE 3G.

Recipients: are the customers of INTERACTIVE 3G Customers who receive SMS messages or messages of any kind through the Platforms made available to the Customer. They are also referred to as End Users.

Related Entity: means an entity that, with respect to either Party, directly or indirectly, controls, is controlled by or is under common control with such Party. For the purposes of this definition, “control” means that a company 1) has the power to exercise more than 50% of the voting rights for the election of the directors of another company or 2) holds more than 50% of the capital of such other company.

Force Majeure: is any event or sequence of events beyond the reasonable control of a Party that prevents or delays the performance of its obligations under the Agreement.
Confidential Information: means any information (whether in oral, written or electronic form) communicated by one Party to the other Party, before or after the signing of this Agreement, relating to discussions held between the Parties with respect to the provision of Services, or any details relating to the activities of either Party that may reasonably be considered to be of a confidential nature, including information relating to each Party’s technology, know-how, Intellectual Property Rights, information security controls, processes and policies, assets, finances, strategy, products and customers.

Message: means a message consisting of numerals and/or text, and/or audio and/or video or other media, created by the Customer and/or an End User and transmitted through the INTERACTIVE 3G Sirocco Platform to an End User or which is created by an End User on its mobile terminal and transmitted over the networks of telephone Operators through the INTERACTIVE 3G Sirocco Platform.

Operator (or Network Operator): means any telecommunications operator, aggregator, Internet Service Provider (ISP) or OTT instant messaging service provider connected through the INTERACTIVE 3G Platforms.

Party: means the INTERACTIVE 3G entity signatory to this Agreement and Customer, when either is referred to individually and collectively, the “Parties”. Reference to a Party includes that Party’s successors and permitted assigns.

INTERACTIVE 3G Platforms and Tools (or Sirocco Platform): refers to the electronic communications services operated by INTERACTIVE 3G that enable Customer to provide its service over an Operator’s mobile telecommunications network and is defined by the technology infrastructure between the point of interconnection of the Operator’s network on one side and the point of interconnection with Customer or its technology provider’s system on the other side.

Products: These are the complementary or independent functionalities to the sending of SMS Messages made available to the Customer. INTERACTIVE 3G offers, among others, the following Products: MO Replies, White Label, Rich Communication Service (RCS), Voting, ShortUrl, SMS2email, email2SMS, HLR Lookup, Number Lookup, email validation and Mobile Intelligence data, as well as other customized products.

Regulator: means any local, national or multinational agency, department, official, parliament, public or statutory person or any governmental or professional body, regulatory or supervisory authority.

Sender: means the name or brand of the company, INTERACTIVE 3G Customer, used in communications sent through the INTERACTIVE 3G Platforms and Tools on behalf of the Customer.

Services: means the right to access the INTERACTIVE 3G Platforms and Tools, pursuant to which the Customer may send, receive or distribute any Message over an Operator’s mobile telecommunications network or other network to or from End Users, at the Customer’s option, including such additional or related services as may be described in the applicable Service Attachment.

Site: means the INTERACTIVE 3G website: www.interactive3g.com

User (or Authorized User): a person authorized by Customer to access and use the Services on Customer’s behalf.

End User: any authorized subscriber of any of Customer’s online and mobile services or any recipient of a Customer Message over a Carrier’s network to which INTERACTIVE 3G is connected in any way. Also referred to as Recipient.

For purposes of interpretation of this Agreement and specifically in relation to the foregoing definitions, words defined in the singular shall be deemed to include the plural and vice versa.

Any words following “includes”, “include”, “including”, “including”, “in particular” or any other similar words and expressions shall be construed for illustrative purposes only and shall not limit the meaning of any word, phrase, term, definition or description preceding such words.

Reference to “writing” includes any method of reproducing words in legible and permanent form (including electronic mail).

Reference to specific legislation is a reference to that legislation as regulated, extended, amended or consolidated from time to time and reference to legislation includes all legislation subordinate to the date of the Agreement under that legislation.

 

4. Description of the Service

INTERACTIVE 3G offers a Service available through Internet access, operating as a SaaS (Software as a Service) solution. This Service is accessible through various interfaces, including web pages, APIs and automated file uploading and processing processes, providing the Customer with various options to send SMS (Short Message Service) or RCS (Rich Communication Service) messages to a list of cell phone numbers or contacts provided by the Customer. Messages can be sent to both domestic and international mobile numbers. The Customer can schedule their campaigns with instant or delayed sending, choosing the date and time of sending.

In certain cases, INTERACTIVE 3G may offer free credits to the Customer at the time of registration to test the Service. These credits will be available for a limited time, at the discretion of INTERACTIVE 3G, and may be withdrawn at any time if the Customer breaches any of the provisions of these Terms and Conditions.

Access to the Service will be restricted only to the Customer and Users authorized by the Customer. The Customer shall be responsible for keeping an up-to-date record of the Users authorized within its organization to use the Service and shall notify INTERACTIVE 3G of any change in such authorization.

The Service may not be used simultaneously by several persons under the same User account from different workstations, regardless of the device used for access. Any shared or simultaneous use of the Service by several persons without proper authorization may result in the suspension or cancellation of access to the Service.

INTERACTIVE 3G reserves the right to modify the Service, including its functionalities, as a result of technological, legislative or other changes. All modifications will be published on the Site and notified to the Client through the Site. It is the Customer’s responsibility to periodically review the updated terms on the Site to keep informed of any changes that may affect the use of the Service.

4.1. SMS
An SMS (Short Message Service) is a text messaging service that allows the sending of short messages to and between mobile devices via mobile telephone networks. The INTERACTIVE 3G SMS service allows Customers to send text messages to their end Recipients, who can receive relevant information or authenticate themselves to specific services. Depending on the purpose, SMS messages can be transactional (e.g. OTP and two-factor authentication) or promotional (marketing campaigns).

4.1.1. Message size
A standard SMS message is limited to 160 characters in GSM-7 encoding, which includes letters, numbers and supported special characters.

Alternatively, if you wish to send special characters, such as accents or emojis, Unicode encoding can be used. When using Unicode encoding, the character limit is reduced to 70 characters per message.

When a message exceeds the character limit, it is sent as a concatenated message, where each fragment is limited to 153 characters in GSM-7 or 67 characters in Unicode. These concatenated messages are automatically reconstructed on the receiver’s device as a single longer message.

4.1.2. Allowed Characters
The allowed characters depend on the encoding. Two encodings are used in SMS messaging: GSM-7 and Unicode.

In GSM-7 encoding standard characters are allowed (letters, numbers and certain symbols such as ‘@’, ‘$’, ‘€’), while certain special characters count as two characters for length purposes (e.g. square brackets { }, the ~ symbol, and line breaks).

The following table contains all characters included in the GSM-7 encoding:

character

character

character

character

@

LF (line feed)

Space

0

£

Ø

!

1

$

ø

«

2

¥

CR (carriage return)

#

3

è

Å

$

4

é

Å

%

5

ù

Δ

&

6

ì

_

‘

7

ò

Φ

(

8

Ç

Γ

)

9

LF

Λ

*

:

Ø

ESC (escape)

+

;

ø

Ξ

,

<

CR

Π

–

=

Å

Σ

.

>

å

Θ

/

?

¡

P

`

p

A

Q

a

q

B

R

b

r

C

S

c

s

D

T

d

t

E

U

e

u

F

V

f

v

G

W

g

w

H

X

h

x

I

Y

i

y

J

Z

j

z

K

Ä

k

ä

L

Ö

l

ö

M

Ñ

m

ñ

N

Ü

n

ü

O

§

o

á

 

The INTERACTIVE 3G SMS messaging platform automatically converts some invalid accented and special characters into GSM-7 encoding to allow them to be sent, without affecting the meaning of the message sent. Specifically, the characters À Á Â Ã È Ê Ë Ë Ì Í Î Ï Ð Ð Ò Ó Ô Õ Ù Ú Û Ý Ÿ á â ã ê ë í î î ï ð ó ô õ ú û µ ý ÿ ç Þ ° ¨ ^ “ ‘ ’ | ‘ ” … ‘ ‘ “ ‘ ’ – – – – ‘ ` will automatically be replaced by the following, A A A A A A A A A E E E E I I I I I D O O O O O O U U U Y Y Y a a a a e e e i i i i o o o o o o u u u u y y y c y y y o – – ‘ ’ ” I / , , . ‘ ‘ “ ” . – ‘ ‘ ‘ respectively.

If the Customer prefers to send any type of character without limitation, Unicode encoding allows the use of special characters, such as accents and certain symbols, which are not included in GSM-7, although it reduces the character limit per message.

4.1.3. Sender
The service allows the personalization of the Sender’s name in the SMS sent, with a maximum length of 11 alphanumeric characters (not including spaces or special characters). This allows the Customer to set up a recognizable identifier for the Recipients.

4.1.4. Delivery Confirmation
INTERACTIVE 3G will provide delivery reports for each message sent within 48 hours of its delivery, if requested by the Customer.

4.2. RCS
RCS (Rich Communication Services) is an advanced messaging technology that provides users with rich communication experiences, such as sending images, videos, and other multimedia files, reading confirmations, and advanced interaction options (such as buttons and shopping carts) in their messaging applications. The RCS service offered by INTERACTIVE 3G allows Customers to manage interactive and personalized campaigns that are delivered directly to the Recipients’ native messaging applications, provided that the Recipients have the RCS feature enabled.

RCS is available on devices that are compatible with the technology and have a network of operators configured to support RCS, as it is a messaging technology that is still expanding.

In the event that a Recipient does not have RCS support, messages may be delivered in SMS or MMS format, depending on availability.

4.2.1. Allowed RCS types
INTERACTIVE 3G offers three types of RCS messages

  • Single: allows sending a maximum of 160 characters
  • Basic: allows sending of up to 1,000 characters
  • Conversational: allows interaction with the recipient.

4.2.2. Sender and brand verification
INTERACTIVE 3G offers the possibility to verify the brand identity for the RCS service, which allows the Recipients to see the Customer’s logo and name on each message, increasing trust and brand recognition.

The verification process is subject to approval by local operators and is recommended to improve the interaction rate and reduce the risk of rejection by the Recipients.

4.2.3. Delivery and read confirmation
RCS allows read confirmations and delivery checks, as well as real-time write status, which optimizes bidirectional communication.

4.3. Sending email campaigns
INTERACTIVE 3G’s Bulk Email Marketing product allows clients to execute large-scale email campaigns aimed at promotion, communication and loyalty building for their end users. This service provides a robust infrastructure for the delivery of large volumes of emails, as well as analysis and results tracking tools, ensuring that campaigns have maximum impact and are evaluated in real time for strategic adjustments.

INTERACTIVE 3G manages the delivery of large volumes of emails targeted to end-user lists, ensuring efficient delivery and minimizing the risk of rejection or classification as spam. The platform allows each email to be personalized with relevant recipient data, facilitating the connection with the end user.

4.4. Receiving MOs
The Mobile Originated (MO) Product refers to text messages (SMS or RCS) that are sent from the end user’s mobile device and are received on the INTERACTIVE 3G platform and made available to the Client. This type of messages allows to receive responses from the Recipients upon receipt of an SMS, thus allowing interaction with the same.

INTERACTIVE 3G receives and stores messages on its platform for further processing and making them available to the Customer.

The messages may be routed to automatic response systems, databases, or analysis platforms to extract the information and execute the corresponding action (e.g., registration of participation, user authentication, etc.).

For the use of this Product, the End User will have to send the message to a short 5 or 6 digit number, so it is recommended that the same number be used as the sender of the original SMS message initiating the interaction.

4.5. White Label
The White Label service offered by INTERACTIVE 3G allows customers to use the INTERACTIVE 3G messaging and communications platform as if it were their own, under their own brand or corporate identity. This service includes technical and visual customization functionalities that allow the integration of the solution into the customer’s operations without showing the use of an external provider.

4.6. ShortURL
INTERACTIVE 3G’s ShortURL service allows customers to shorten long links into compact URLs, facilitating their inclusion in SMS messages where character limitation is an important factor. This service optimizes message space, improves aesthetics and can contribute to traffic analysis and interaction tracking.

4.7. Landing Pages
INTERACTIVE 3G’s Landing Pages service allows clients to create and manage customized landing pages that complement their digital communication campaigns.

Each landing page can be linked via a shortened URL through INTERACTIVE 3G’s ShortURL service, allowing for easy inclusion in text messages, email campaigns and social networks.

4.8. Voting
INTERACTIVE 3G’s Voting product allows Customers to set up and manage text message (MO, Mobile Originated) responses sent by End Users to a short number. This product is designed to facilitate direct interaction with the end-user, allowing them to send their vote or response via SMS and receive an automatic confirmation. Voting is ideal for mass participation campaigns such as surveys, contests, event voting, or to obtain real-time feedback.

4.9. Email2SMS
INTERACTIVE 3G’s Email2SMS product enables customers to send SMS messages to end users quickly and easily by sending an email. Using this functionality, INTERACTIVE 3G systems automatically convert the content of an email into an SMS text message, which is sent to the end recipient on their mobile device. This service is ideal for urgent communications, reminders, notifications or alerts that require immediate and highly effective transmission.

The Email2SMS product is highly adaptable and can be used in different scenarios such as appointment reminders, transaction notifications, security alerts, among others.

The flexibility of the service allows its integration into workflows where email is the input medium for the generation of SMS communications.

4.10. SMS2Email
INTERACTIVE 3G’s SMS2Email product enables the automatic conversion of SMS messages originated on end-user devices (Mobile Originated, MO) into e-mails. This service is designed so that the content of SMS messages sent by users arrives directly to the customer’s email, facilitating rapid management, storage and response in communication channels that the customer already uses.

4.11. Email Validation
INTERACTIVE 3G offers a specialized email address validation service, designed to verify the validity and accuracy of emails in the client’s databases, with the objective of improving efficiency in marketing campaigns, communication and notifications.

4.12. Number API
INTERACTIVE 3G offers the Number API product, a solution designed for phone number verification and contact database optimization, enabling customers to obtain detailed and up-to-date information on the status and validity of registered phone numbers. Number API comes in two variants: HLR Lookup and NT Lookup.

4.12.1. HLR Lookup
The HLR (Home Location Register) Lookup product allows customers to perform real-time queries on the status (availability and operability) of a phone number in the corresponding mobile network. It also provides information on number portability.

4.12.2. NT lookup
The NT (Number Type) Lookup product offers customers the possibility of validating the format of telephone numbers and obtaining relevant information on their type (fixed, mobile, VoIP, pager, etc.) and the country of origin of the numbering.

4.13. Open Gateway APIs
The Open Gateways APIs product allows access to the operators’ network intelligence and validation of relevant information to help the customer make decisions in their onboarding, authentication and validation processes. INTERACTIVE 3G currently offers three APIs:

4.13.1. SIM Swap
Allows to know the last date on which a SIM swap was performed for a specific phone number, which can help to identify possible spoofing attempts.

4.13.2. Network Identification
Allows authentication of a user via their data connection («silent» authentication), certifying that the phone number queried corresponds to the user who is currently browsing, providing a seamless user experience.

4.13.3. KYC Match
Compares the identification data provided by the customer (such as phone number, VAT number and postal address) with the data appearing in the user’s mobile service contract. Returns a match level («high», «medium» or «low»), providing a measure of confidence in the veracity of the information submitted.

4.14. Consulting
INTERACTIVE 3G offers a Consulting Service specialized in SMS communications and all related services offered by the company. This service aims to support the Client in the design, development, integration, implementation, optimization and management of its mobile communication strategies, with a focus on maximizing the performance and efficiency of its campaigns and services.

5. Registration and ordering

5.1. Registration
To use the Service, the Customer must register by clicking on the Registration area available on the website www.interactive3g.com (hereinafter referred to as «the Site» or «the Site»). During registration, he/she will be asked to fill in several fields, including the full name, email address of the Authorized User, cell phone number, company name of the sending company, and the access password. The password must comply with the established security requirements, consisting of a minimum of 8 characters including uppercase, lowercase, numbers and special characters.

Once the form is completed, the User will receive a verification email with a link to confirm the registration. After verification, the Customer will be able to access their «Sirocco» space by clicking on «Login» and entering their email and password. Interactive 3G reserves the right to request additional documentation, such as a Commercial Register Extract and an identity document of the company’s administrator, as a prerequisite for full activation of the Service.

The Client is solely responsible for the security and confidentiality of its login credentials. Interactive 3G shall not be liable for any loss or damage resulting from the disclosure, whether voluntary or involuntary, of access credentials to third parties. In the event that the Client detects a breach of security, including unauthorized use of its credentials, it shall immediately notify Interactive 3G. Notification must be made within 24 hours of detection of the breach so that Interactive 3G can take appropriate action to mitigate the effects of the breach.

Interactive 3G will implement appropriate measures upon notification, including temporary suspension of the account if necessary, until the security of the account is restored.

5.2. Ordering and Delivery of Credits
Once the Customer account has been created, in order to use the INTERACTIVE 3G Services, the Customer must place an Order through the INTERACTIVE 3G Website. The Customer will proceed to purchase credits that will be added to his or her Customer account, which will imply the acceptance of the General Conditions of Sale and Use of the Service.

Once the payment has been validated, the credits will be automatically transferred to the Customer’s account in euros, allowing immediate use of the Service, unless there is reasonable suspicion of fraud. The Customer declares that he/she has the necessary power and capacity to fulfill his/her obligations and place the Order, as well as having verified that the Service is adapted to his/her needs, having received all relevant information and advice from INTERACTIVE 3G.

Orders may be placed online through the Site, by means of an order form issued by the sales department or by means of a postpaid agreement allowing payment for messages sent in the absence of credits. Orders are final once they have been received and validated by INTERACTIVE 3G. No modifications or cancellations will be accepted after validation.

The Customer shall provide additional information for the issuance of the invoice, including the VAT number, intra-community VAT number and billing address. In case of errors in the information provided, INTERACTIVE 3G reserves the right to refuse or request correction of the data before proceeding with the invoicing and delivery of credits.

INTERACTIVE 3G reserves the right to cancel any order in case of suspicion of fraud. The allocation of credits, options and access will be made immediately upon validation of payment, unless otherwise agreed in writing between the Parties. However, in order to prevent fraud, there may be a delay in the validation of the payment and the order. This delay will depend on the electronic payment provider, which may perform various security checks.

In the event that the electronic payment provider alerts to a possible irregularity, INTERACTIVE 3G may require the Customer to provide additional information on the payment and/or on the Customer’s identity. The Customer undertakes to provide the required information as soon as possible. Failure to do so may result in Interactive 3G rejecting the order at its sole discretion.

INTERACTIVE 3G will credit the value of the SMS package purchased to the Customer’s account within a maximum of 2 working days after the order has been placed, provided that the payment has been correctly validated and there is no suspicion of fraud. In exceptional cases, this period may be extended, upon notification to the Customer, when the validation of the payment is delayed or requires further investigation.

5.3. Account Deactivation
In the event of non-compliance with these Terms and Conditions, or in the event that the Customer provides incorrect or incomplete information, INTERACTIVE 3G reserves the right to deactivate the Customer’s account without compensation. Prior to deactivation, Interactive 3G will send an e-mail notice to the Customer, who will have fifteen (15) days to respond and correct the situation. If the Customer does not respond within this period, INTERACTIVE 3G may proceed to unilaterally deactivate the account.

In cases of serious or repeated non-compliance, or in cases that directly affect the security or integrity of the Services, INTERACTIVE 3G may deactivate the Client’s account immediately, without the need to wait the aforementioned period, and without any right to compensation or indemnification from the Client.

In the event of suspected fraud or illegal activities, INTERACTIVE 3G reserves the right to suspend the Client’s account immediately and without notice. Such suspension will be maintained pending further investigation. Upon request, the Customer will be required to provide additional documentation or information substantiating the legitimacy of its activities within five (5) days of notification from INTERACTIVE 3G. If the Client does not cooperate in this process or if the suspicions of fraud are confirmed, the account will be definitively deactivated, with no right to compensation.

INTERACTIVE 3G will not be liable for any direct or indirect damage or harm that the Customer may suffer as a result of the deactivation or suspension of his account due to non-compliance, errors in the information provided or suspicions of fraud.

6. Conditions of Use of the Service

6.1. General Conditions of Use
The Client accepts and agrees that all use of the Services shall be subject to the following conditions:

    1. The Customer accepts and agrees that, regardless of the relationship between the Customer and third parties, hereinafter referred to as contractors, the Customer shall be deemed the sole sender of Messages originating from its Customer account.
    2. It is the Customer’s responsibility that all rights, authorizations, licenses, consents and permissions required under applicable law have been obtained or granted prior to sending any Message or providing any Content.
    3. The Customer must refrain from using the Services to send unsolicited messages, as such messages may be in violation of applicable law or the Operator’s policies. The User and/or Client undertake to comply with Spanish and European legislation on data protection and consent to receive electronic communications, especially those relating to advertising. Specifically, the User and/or Client undertake to comply with the following legislation:

– The General Data Protection Regulation (GDPR) – Regulation (EU) 2016/679. In particular Articles 6 (lawfulness of processing) and 7 (conditions of consent).

– The Organic Law 3/2018, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD). In particular article 19 (data processing for direct marketing purposes).

– Law 34/2002, on Information Society Services and Electronic Commerce (LSSI). Specifically article 21 (prohibition of unsolicited commercial communications).

  1. The Client must also allow the Recipients of its campaigns to object, free of charge and without justification, to the processing of their personal data. To this end, the message must contain an indication of how to contact the helpdesk (telephone number, website, e-mail address, etc.). The Customer is solely responsible for taking into account and managing the right of objection of a Recipient who has expressed a wish to stop receiving messages.
  2. The Customer must use the Services in accordance with the policies of each Operator, as well as the instructions for use and other policies and guidelines provided by INTERACTIVE 3G.
  3. The Customer is responsible for ensuring that the content sent (i) is free of viruses and devoid of other harmful code such as Trojan horses and worms; (ii) complies with the agreed format; and (iii) does not endanger the Services or the infrastructure of INTERACTIVE 3G, its subcontractors or third parties.
  4. It is the Customer’s responsibility that the Authorized Users comply with the terms of this Agreement. In any event, the Customer shall be fully responsible for the acts and omissions of the Authorized Users. The Services included in the Agreement may only be used by Authorized Users. While accessing the Services, such Authorized Users shall at all times be employees or contractors of Customer or Authorized Affiliates.
  5. Customer shall maintain records to evaluate its use of the Service and ensure compliance with this Agreement. To this end, Customer shall maintain a list of Authorized Users and ensure that Authorized Users’ individual accounts are not shared or used by more than one individual simultaneously.
  6. The Customer shall maintain the confidentiality of account information, including passwords and other access information.
  7. The Customer is responsible for the actions and omissions of Authorized Users and Affiliates and must ensure their knowledge of and adherence to the obligations and restrictions set forth in the Agreement.

      6.2. Conditions of Use of the Services

      6.2.1. Sending SMS Campaigns
      INTERACTIVE 3G offers a transactional SMS sending service (OTP, 2FA) called SIROCCO or SMSCONNECT that allows sending transactional messages to end users after obtaining their consent. The SIROCCO/SMSCONNECT service guarantees optimal delivery times for use cases where the end user enters his mobile number on a web page to perform document signature operations, second authentication factor, etc.

      The sending of SMS campaigns will require the establishment of the following compliance requirements in order to be qualified as valid for execution:

      • The Client is entirely responsible for the text sent to its Recipients. In no event shall INTERACTIVE 3G be responsible for any typographical errors or mistakes in the message. The Customer is solely responsible for the content of the SMS messages sent through the account provided. Interactive 3G does not authorize the use of the Service to send inappropriate content, such as SMS messages of a violent, obscene, pornographic, defamatory, offensive or discriminatory nature.
      • INTERACTIVE 3G may deactivate the account of a Customer who is sending unauthorized messages. Consequently, INTERACTIVE 3G is not responsible for the content of SMS messages sent by the Customer to its Recipients.
        INTERACTIVE 3G offers its customers the possibility to personalize the Sender’s name for the SMS sent. This name may have a maximum length of 11 characters. The Customer agrees to use as Sender of the SMS only and exclusively a text that identifies the name of the company or a brand belonging to the company with which he/she has identified himself/herself to activate the Service, unless he/she has express authorization from the company that owns the name or brand that he/she is using as sender. Please note that not all telecommunications operators offer the possibility to customize the Sender, in which case the configured Sender will be replaced by the default sender defined by the Recipient’s telecommunications operator. INTERACTIVE 3G is not responsible if the sender’s name does not appear in the SMS messages sent to the Recipient’s numbers.
      • INTERACTIVE 3G may limit the delivery time of marketing messages if it is considered that the delivery time is unreasonable for this type of message (Monday to Friday, from 8:00 p.m. to 8:00 a.m.; Saturdays, Sundays and national holidays, from 6:00 p.m. to 12:00 a.m.) or if there is any regulatory restriction in the country to which the message is destined. These schedules may vary depending on the operators and destination countries. In any case, the Customer shall be solely responsible for sending marketing SMS messages and shall bear the consequences of his actions. Consequently, INTERACTIVE 3G will pass on to the Customer the amount of any penalties, fines and/or costs incurred as a result of non-compliant sending by the Customer.
      • The Customer undertakes not to overload the recipients of its SMS messages by sending advertising messages. A maximum limit of 10 SMS messages per month for the same telephone number has been established.
      • INTERACTIVE 3G may block the sending of SMS messages to certain numbers contained in the so-called «black list». To do so, the Customer must request this service and enter the numbers for which the messages are to be blocked.
      • INTERACTIVE 3G will have all acknowledgements of receipt for each of the messages sent 48 hours after they have been sent. INTERACTIVE 3G will make these delivery reports available to the Client as soon as they are available. INTERACTIVE 3G shall not be liable for incorrect or unavailable delivery reports.
      • The SMS Service may be cancelled by the End User at any time by sending the text «STOP» to the short number from which the messages are received. As soon as the cancellation message is received, INTERACTIVE 3G will send the End User an SMS message confirming the unsubscription. The End User will not receive any further SMS messages from the program until he/she has reapplied for inclusion in the program in the same way as he/she did the first time he/she gave his/her consent.
      • Should the End User require assistance in relation to the SMS messages received, he/she may send an SMS message with the keyword «HELP» to receive assistance. The End User may also contact directly the support e-mail address: soporte@interactive3g.com.
      • Network Operators are not responsible for delayed or undelivered messages.
      • Messages received and/or sent by the End User may have costs charged to the End User. The End User may receive messages with varying frequency. In case the End User wishes to know the costs that may be applicable, it is necessary that he/she contacts his/her mobile telephone Operator.
      • You may consult our Privacy Policy to resolve any privacy related issues.

        6.2.2. Sending RCS Campaigns
        The same Terms of Use described for sending SMS messages will apply.

        6.2.3. Sending Email Campaigns
        This product allows the Client access to a series of detailed metrics such as the number of successful sendings, number of failed sendings, number of unique and total openings, number of unique and total clicks, among others.

        The Email Campaign Sending product complies with current data protection regulations, ensuring that the privacy of recipients is respected.

        INTERACTIVE 3G includes subscription management options, allowing end users to easily unsubscribe and respecting their right to decide whether or not to receive communications.

        6.2.4. Receiving MO Messages
        This service of receiving replies may require specific configuration by both INTERACTIVE 3G and the Customer. Please contact our support service for more information on how to activate this option.

        This service is available to End Users using the network of traditional MNOs (Mobile Network Operators), and cannot be used on Spanish MVNOs (Mobile Virtual Network Operators), in both cases. The service is compatible with any type of cell phone, both smartphones and basic devices.

        It is possible that sending an MO message may incur a cost for the End User sending the message. It is recommended to check the rates applicable by the operator based on your current contract for sending SMS messages to short numbers.

        6.2.5. White Label
        The Client will be able to customize the user interface of the platform, including logos, colors and its own visual identity elements.

        INTERACTIVE 3G will facilitate the configuration of customized URLs and domains for access to the platform. This option allows the client to have its own domain, thus reinforcing the perception that the service is managed internally.

        The Client will be able to manage the users, permissions and configurations of its White Label platform autonomously.

        INTERACTIVE 3G guarantees that the White Label platform complies with all applicable privacy, security and data protection regulations, ensuring that user information and data generated on the platform are managed in accordance with applicable laws.

        INTERACTIVE 3G shall be responsible for the maintenance and continuous updating of the platform, guaranteeing its optimal operation and access to the latest functionalities and improvements.

        6.2.6. ShortURL
        The ShortURL Service is marketed on a monthly subscription model that begins on the day of subscription and is renewed by tacit agreement each month until the subscription is cancelled.

        6.2.7. Landing Pages
        The Landing Pages Service is marketed on a monthly subscription model that starts on the day of subscription and is renewed by tacit agreement each month until the subscription is cancelled.

        6.2.8. Voting
        The Voting Service offers multiple configuration and customization options: keywords, automatic answers and display of the results. The Service is only available to End Users belonging to the Spanish numbering plan. Some operators may restrict the use of short numbers for MO response messages. The Customer should contact INTERACTIVE 3G to assess the options and the associated cost. The costs of the MO sent by the End User will be billed by his operator based on the contract in force with the same.

        6.2.9. Email2SMS
        Customers may use any email platform to send messages to INTERACTIVE 3G’s systems by simply addressing the email to a designated address that will include the recipient’s telephone number.

        No additional software or complex configuration is required, which facilitates integration and immediate use of the service by the customer.

        Email2SMS allows sending messages to end users of all mobile operators in the national territory, including network operators and virtual network operators (MVNOs).

        The product allows configuring the sender of SMS messages so that the end user receives the message from a personalized identifier, either a short number or a previously registered alphanumeric name.

        INTERACTIVE 3G offers the option of including authentication measures to ensure that only authorized senders can send messages via Email2SMS.

        6.2.10. SMS2email
        The Service is only available to End Users belonging to the Spanish numbering plan. Some operators may restrict the use of short numbers for reply MO messages. The costs of the MO sent by the End User will be billed by his operator based on the contract in force with the operator.

        6.2.11. Information Query Products
        The following products provide information to the Client that is useful for its operations:
        – Email validation
        – Number API (HLR and NT lookup)
        – Open Gatewas (SIM Swap, Ntework identification and KYC Match)
        All these services comply with privacy and data protection regulations, guaranteeing that all information is treated in strict confidentiality and security, in accordance with current legislation.

        6.2.14. Consulting
        The Consulting Service must be requested by the Client, presenting its Use Case, to be analyzed by our consultants together with the Client, until a proposal is available, which must be accepted by the Client for its development and implementation by INTERACTIVE 3G technicians. The fee will be assessed according to the time required to develop the customized product.

        7. Suspension

        7.1. Immediate Suspension
        INTERACTIVE 3G may suspend the Customer’s use of the Services immediately and without notice in the following cases:

        a) Misuse or breach of the terms of the Agreement or the law by the Customer, such as:

          • in case of incorrect information provided by the Customer.
          • in case of suspected fraud, including the use of fraudulent payment cards or the sending of SMS for the purpose of usurpation or deception),
          • in case of delay in payment of more than seven (7) working days,
          • in case of actions or behaviors that jeopardize the security and/or the functioning of the Site or the Services.

        b) Excess by the Customer of the agreed transaction volumes without prior notice to INTERACTIVE 3G, endangering the technical infrastructure.
        c) Requests from Operators or Regulators for the termination or suspension of shipments.

        7.2. Suspension for Non-Payment
        In the event of non-payment of outstanding amounts, INTERACTIVE 3G reserves the right to suspend the Service if the Customer fails to make the outstanding payment or commitment thereof within five (5) business days of notification of such circumstance. Suspension for the reason stated herein does not relieve the Customer of its obligation to pay all amounts due under the Agreement for the remainder of the Term.

        7.3. Modification or Discontinuance of Service
        The Service may, at the sole discretion of INTERACTIVE 3G, be modified or discontinued, in which case INTERACTIVE 3G agrees to provide 30 (thirty) days prior written notice to the Customer of any such change. If the Customer believes that the modification adversely affects the Customer in any way, the Customer may, by notice, terminate the Agreement with respect to the affected Services upon ten (10) business days’ notice. Discontinuance of service does not relieve Customer of its obligation to pay all amounts due under the Agreement for the remainder of the term.

        7.4. Reimbursement of receivables and liabilities
        In the event of termination or suspension of the Service, the validity of the credits is not extended and in no way excludes the sums owed by the Customer.

        The Customer may terminate the Service and request the deletion of his Customer account. However, in no event may the Customer request a refund of the credits remaining in his Customer account.

        The fact that Interactive 3G has not suspended any access, account or proceeded to early termination of the same, does not limit its right to do so at a later date, nor does it exempt the Client from its responsibility, which cannot be passed on to Interactive 3G.

         

        8. Protection of Personal Data

        8.1. Definitions and Normative References
        The terms related to the protection of Personal Data used in this clause, not defined in this document, follow the definitions in Article 4 of the General Data Protection Regulation (GDPR, EU Regulation 2016/679). The terms “Controller” and “Subcontractor” shall refer to the roles of the Client and INTERACTIVE 3G respectively.

        8.2. Role and Responsibilities of the Parties
        The Client will be the sole Data Controller for:

        • The collection and processing of Personal Data contained in its databases and used through INTERACTIVE 3G tools.
        • SMS sending operations carried out through INTERACTIVE 3G tools.

        INTERACTIVE 3G will act as a Subcontractor to:

        • Provide its tools and services, including SMS sending platforms and other communication tools, for the processing of Personal Data under the instructions of the Customer.

        8.3. Obligations of the Client as Data Controller
        In relation to the collection, processing and administration of its databases, the Client shall:

        • Ensure lawful collection of Personal Data, inform data subjects in accordance with Articles 13 and 14 of the GDPR and obtain their consent where necessary, maintaining proof of such consent.
        • Provide interested parties with free means to exercise their rights, including opposition to the sending of SMS.
        • Maintain and respect the exclusion lists required by applicable legislation, including those in the public domain such as the “Robinson List”.

        The Client is solely responsible for the records of its contact files uploaded to the INTERACTIVE 3G tool. The Client warrants INTERACTIVE 3G against any request, demand or claim by a third party in connection with the use of these contact files by the Client.

        8.4. Obligations of INTERACTIVE 3G as Subcontractor
        INTERACTIVE 3G, as Subcontractor, undertakes to:

        • Process the Personal Data only according to the Client’s documented instructions and exclusively for the provision of the contracted services.
        • Inform the Client if any instructions from the Client may contravene the GDPR or other applicable regulations.

        8.5. Data Security and Confidentiality
        INTERACTIVE 3G will implement appropriate technical and organizational security measures to protect Personal Data, including:

        • Prevention of unauthorized access, alteration, disclosure or destruction of Personal Data.
        • Control and supervision of access to the Personal Data by its personnel, guaranteeing the necessary confidentiality and training in data protection.
        • Protection against any loss, destruction or alteration of the Client’s Personal Data.

        INTERACTIVE 3G undertakes to keep, on behalf of the Client, a record of the Processing activities carried out under the subcontract and containing in particular, whenever possible, a list of the Security Measures governing such Processing.

        8.6. Notification of Security Incidents
        In the event of a security breach involving Personal Data, INTERACTIVE 3G will notify the Customer within 72 hours of detection, providing:

        • Description of the breach, potential consequences and measures taken or in process to mitigate the incident.

        The Client will be responsible for notifying any personal data breach to the competent supervisory authority, as well as to the concerned individuals who have been affected. For this purpose, INTERACTIVE 3G will support the Customer in all matters for which its assistance is required in accordance with the following section.

        8.7. Customer Support
        INTERACTIVE 3G will provide reasonable assistance to Customer to:

        • Comply with its data protection obligations, including assisting with impact assessments, notifying authorities and supporting the exercise of data subjects’ rights, subject to agreement on applicable costs.
        • provide the Client, upon request, with any information or documentation available to INTERACTIVE 3G that is necessary for the Client to demonstrate compliance with its data protection obligations. Where appropriate, INTERACTIVE 3G will inform the Customer of the estimated costs of any request for assistance. INTERACTIVE 3G will only provide assistance to the Customer once the Customer has expressly accepted the costs.

        8.8. Subcontracting of Processing Activities
        The Customer authorizes INTERACTIVE 3G to use additional subcontractors for specific processing activities, subject to the following conditions:

        • INTERACTIVE 3G shall inform the Client in advance of the identity and contact details of the subcontractor, as well as of the subcontracted activities.
        • If the Client does not object within 48 hours, the subcontracting will be considered authorized.
        • INTERACTIVE 3G shall ensure that subcontractors comply with data protection obligations in accordance with the GDPR. If the Sub-Subcontractor fails to comply with its data protection obligations,
        • INTERACTIVE 3G shall remain fully liable to the Customer for the Sub-Subcontractor’s compliance with its obligations.
        • In the event of a Transfer of Customer Data outside the European Economic Area (“EEA”), Interactive 3G undertakes to sign with its subcontractors and/or partners the European Commission’s Standard Contractual Clauses in order to ensure an adequate level of protection of the Personal Data transferred. Where applicable, the Customer authorizes Interactive 3G to sign, on its behalf and in its name, these Standard Contractual Clauses with the Subcontractors.

        8.9. Audits and Compliance Assessments
        The Client may audit, upon request and with a minimum notice of 30 days, the processing activities carried out by INTERACTIVE 3G to verify compliance with data protection obligations. The Client shall bear the costs associated with this audit.

        The Client undertakes to use its right to audit within the limit of one (1) audit per year, carried out during the normal working hours of the Subcontractor’s teams. The Client undertakes to inform INTERACTIVE 3G at least thirty (30) days in advance of such audit.

        When the Client performs an audit, it may use an external auditor that is not considered a competitor of Interactive 3G. Customer acknowledges that it will not have access to confidential information of other Interactive 3G customers.

        In the event that the audit reveals deficiencies and/or weaknesses on the part of the Subcontractor with respect to its obligations under this Article, the Subcontractor shall implement additional measures to remedy the deficiencies/weaknesses discovered during the audit at its own expense.

        INTERACTIVE 3G undertakes to respond to any request from a supervisory authority concerning the Processing activities carried out on behalf of the Client.

        8.10. Termination of the Contract: Deletion or Return of Data
        Upon termination of the contractual relationship, INTERACTIVE 3G will delete or return to the Customer all Personal Data processed under its instructions, at the Customer’s option. In the event of inactivity of the account for a period of more than two years, INTERACTIVE 3G will proceed with the deletion of the Personal Data in its systems.

        9. Price and Payment for the Services

        9.1 Price of the Services
        Remuneration for the Services provided by INTERACTIVE 3G will be made in accordance with the Prices specified on the Site, or if applicable, in the Service Annex or in any other document of the Agreement. All prices shall be quoted in Euros, excluding taxes (excluding VAT). Invoices and payments shall be made in Euros.
        SMS Messaging
        The Customer will be billed for each SMS sent. Each SMS has a limit of 160 characters using the GSM alphabet and up to 70 characters if special characters requiring Unicode are used. If the content of the message exceeds these limits, the SMS will be divided into additional parts, which will be billed individually. In these cases, each additional part will have a lower character limitation due to signaling requirements. INTERACTIVE 3G will bill the full price for each message or partial part sent.
        Messages will be billed once the Customer’s authentication has been validated and the message is attempted to be sent to the operator, regardless of the final result of the delivery.

        9.2 Price Adjustments
        INTERACTIVE 3G may make price adjustments as a result of price increases charged by carriers or subcontractors or changes in currency exchange rates. In such case, INTERACTIVE 3G will inform of the changes in the rates through the Site or as set forth in the Annexes and/or Particular Conditions of the Agreement. In the event that the changes affect an existing contract, the Customer will be informed at least one month prior to the entry into force of the new prices, unless other notice periods are specified in the Special Conditions.
        INTERACTIVE 3G may change the rates for international SMS messages immediately and the change will be effective upon notice to the Customer.

        9.3 Payment Methods

        9.3.1 Prepaid
        The Customer may purchase an SMS package by prepayment on the Site. Credits will be made available to the Customer upon confirmation of receipt of payment.

        9.3.2 Postpaid
        The Customer may opt for postpaid monthly billing if so agreed with INTERACTIVE 3G or if this option is offered by INTERACTIVE 3G. In this case, the Customer agrees to use the agreed SMS volume in the year following the subscription to this mode, at the rate negotiated in the Special Conditions. This payment option is subject to validation by INTERACTIVE 3G.

        9.3.3 Subscription Products
        INTERACTIVE 3G offers additional products on a subscription basis, such as Response MO’s, ShortUrl, Landing Pages or any others that may be included in this mode. The subscription will be automatically renewed on a monthly basis. The charge will be made according to the agreed payment method and after issuance of the corresponding invoice.

        Traffic charges, fixed charges, additional services and other items will be billed at the beginning of the month following the month to which the service corresponds. Invoices shall be payable within 30 days from the date indicated on the invoice, unless other terms are agreed upon.

        9.4 Late Payment
        In the event of late payment, default interest equal to the refinancing rate of the European Central Bank (ECB) in force on 1 January of the current year, increased by 10 percentage points, shall be applied automatically and without prior notice. This interest shall apply until full payment of the principal amount and accrued interest.

        In addition, INTERACTIVE 3G may claim additional compensation for collection costs (e.g. bailiff’s fees or court fees) if these exceed the amount of interest for late payment. Furthermore, INTERACTIVE 3G reserves the right to temporarily suspend the Services until full payment of the amounts due, and even to terminate the contract, in accordance with the conditions set forth in the relevant clause of the Agreement.

        9.5 Invoicing
        Invoices will be sent to the Client by e-mail to the address indicated on the registration form or in the relevant Agreement.

        In case of prepayment, the invoice will be issued once the payment has been validated. If the payment is not validated, the document issued will be considered as a provisional quote.

        In case of postpaid payment, the invoice will be issued at the end of each month depending on the number of SMS used, the destinations of the messages and the applicable rates.

        9.6 Duration of the Services and Validity of Credits

        9.6.1 Duration and Renewal
        The contract shall have the duration specified in the Special Conditions and shall be automatically renewed for equal periods, unless either party communicates its intention not to renew it with a notice of at least thirty (30) days prior to the end of the current period.

        9.6.2. Validity of Prepaid Credits
        Credits purchased under the prepaid mode shall be valid for two (2) years from the date of purchase, unless another period is specified in the contract.

        9.6.3. Prepayment and Early Termination Credits
        In the event of early termination of the contract by either party:

        • Remaining prepaid credits will not be refundable.
        • Credits will continue to be available to the Customer until their expiration date, provided that the Customer does not incur in any violation of the Terms and Conditions that would result in suspension of service or deletion of the account.
        • INTERACTIVE 3G reserves the right to cancel prepaid credits in the event of termination due to Customer’s default.

        9.6.4. Postpaid and Other Subscription Services
        In the postpaid mode, the Customer agrees to use the agreed volume of SMS messages within the term defined in the Special Conditions. At the end of such term, the Services will be automatically renewed for a period equivalent to the initial term, unless the Customer notifies its intention to terminate the service by means of a communication with acknowledgement of receipt, using any of the means accepted in the contract.

         

        10. Obligations and Responsibilities of INTERACTIVE 3G

        10.1 Availability of the Service
        INTERACTIVE 3G guarantees that the Service will function as described in the Service description, provided that it is used in accordance with this Agreement.

        The INTERACTIVE 3G SMS messaging platform – called SIROCCO – is designed with high availability, including geographic redundancy in all its components, which allows for availability levels close to 100%. To guarantee availability 24 hours a day, 7 days a week, 365 days a year, INTERACTIVE 3G employs significant technical resources.

        However, it is not possible to guarantee the availability of the Service in situations of Force Majeure, interruptions related to the Internet network, the mobile communications network or those due to maintenance operations of the INTERACTIVE 3G communications platform. Reasonable efforts will be made to minimize Service interruption during maintenance periods, and these operations will be scheduled at times that cause the least possible impact. Corrective maintenance operations will be carried out in accordance with technical needs. Temporary unavailability of the Service, whatever its duration or origin, will not give rise to compensation and will not engage the liability of INTERACTIVE 3G. To ensure specific levels of availability, the Customer may choose to sign a Service Level Agreement (SLA).

        10.2 Routing of SMS Campaigns and Routing Times
        INTERACTIVE 3G guarantees the routing of the Customer’s SMS campaigns to the intended recipients, provided that the Customer has sufficient SMS credits in his/her account. However, INTERACTIVE 3G does not guarantee the commercial or marketing success of such campaigns.

        INTERACTIVE 3G will provide delivery reports for SMS messages sent, which will allow the Customer to verify which messages have been delivered and which have not been delivered, indicating the reasons for non-delivery (see section 10.3 of SMS Errors). Acknowledgements of receipt are provided by the telecommunications operators, and INTERACTIVE 3G shall not be held liable if they are not transmitted. In case of unavailability of the acknowledgements of receipt, INTERACTIVE 3G will ask the operators to provide them as soon as possible.

        10.3 SMS errors
        Some SMS may not be received after sending a campaign due to several reasons including:

        • Incorrect phone number,
        • Mobile terminal turned off or out of network,
        • Technical problem with the operator or access provider,
        • Non-existent phone number,
        • Operator transmission problems.

        INTERACTIVE 3G will not be responsible for the non-receipt of an SMS by the addressee and will not proceed to any reimbursement when the non-delivery is caused by any of the above mentioned reasons. INTERACTIVE 3G invoices for deliveries made, not for completed deliveries.

        10.4 Continuity of Service
        INTERACTIVE 3G cannot guarantee that the Service will meet all of the Customer’s expectations or operate without interruption or error. To the extent permitted by law, the content, software, applications and results provided through the Service are provided on an “as is” and “as available” basis without express or implied warranties of any kind.

        10.5 Support
        INTERACTIVE 3G provides an SMS messaging platform accessible through its online site and corporate APIs, which enable the management and use of the Services and Products offered. The Services and Products are provided “as is”, without the possibility of modification at the Customer’s request, unless such modification is part of a consulting project agreed upon by both parties.

        Technical support will be provided according to the following conditions, unless otherwise stated in the Special Conditions or Annexes:

        a) Support Hours: Support Services will be available during INTERACTIVE 3G’s business hours: Monday through Thursday from 9:00 am to 6:00 pm and Friday from 9:00 am to 3:00 pm. Support will not be provided on weekends or holidays in the locality where INTERACTIVE 3G offices are located.

        b) Support Contact: Support requests must come from the Customer’s designated representatives and be sent to the e-mail address soporte@interactive3g.com, or any other address indicated in the Particular Conditions or Annexes.

        c) Urgent Assistance: In cases of urgent assistance, the Customer’s representatives may contact technical support by telephone, both during and outside regular business hours. INTERACTIVE 3G reserves the right to determine whether a request is urgent, and, if not, may postpone its resolution until the next business period.

        d) Limitation on Support: INTERACTIVE 3G has no obligation to provide support to persons or entities other than those specified in the Agreement.

        INTERACTIVE 3G will use reasonable efforts to respond in a timely and appropriate manner to Customer’s requests for support.

        11. Customer Obligations
        The Customer, Authorized Users and, where applicable, Authorized Affiliates shall at all times comply with all applicable laws, rules and regulations relating to the use of the Services, including laws relating to privacy, personal data protection and the use of telecommunications systems and networks, as well as with all provisions set forth in the Agreement.

        The Customer agrees to cooperate with INTERACTIVE 3G in all aspects related to the provision of the Services that are part of the Agreement:

        a) by providing such truthful and detailed information as INTERACTIVE 3G may reasonably require in order to provide the Services, including the Customer’s representation and contact details as well as any changes that occur in relation to such information.

        b)notifying INTERACTIVE 3G of any situation originating in the Client’s systems that may have an impact on the contracted Services.

        c)providing any information that may have been requested to INTERACTIVE 3G by the Regulator or any of the Operators through which the Service is provided.

        d)ensuring that Customer’s systems are subject to security controls, in accordance with good industry practice, to maintain the integrity of access to the Services and the INTERACTIVE 3G platform.

        e) by complying with the conditions and restrictions described in clause 6 of the Terms of Use of the Service.

        The Customer warrants to INTERACTIVE 3G that the databases of contacts, telephone numbers, email addresses and any other information used in the provision of the Service are current and free of rights. The Customer also guarantees that he/she has all the necessary authorization rights for their use and exploitation.

        The Client, when using the data in its databases for the execution of the Service for each of the Products contracted, is responsible for the validity of the same, thus exempting INTERACTIVE 3G from any incorrect delivery due to the introduction of erroneous, invalid or obsolete data.

        The Customer shall assume responsibility for and hold INTERACTIVE 3G harmless against claims, actions, proceedings, losses, damages, expenses and costs against INTERACTIVE 3G imposed by an Operator, the Regulator or any third party arising from the Customer’s breach of this Agreement, including its attached documents. Specifically, the Customer shall be liable for any damages claimed against INTERACTIVE 3G as a result of the Customer’s failure to comply with its obligation not to send unsolicited messages in contravention of applicable law.

        12. Intellectual and industrial property

        12.1. Rights to the Services
        All intellectual and industrial property rights to the Services belong exclusively to INTERACTIVE 3G. Access to the INTERACTIVE 3G portal is granted in SaaS mode via the Internet. INTERACTIVE 3G grants the Customer a personal, non-exclusive, non-transferable and limited right to use the portal solutions, as well as a non-exclusive and non-transferable license right to use the API, including the associated documentation, to enable the Customer’s systems to interact with the INTERACTIVE 3G Messaging Platform. This right of use is subject to the terms and conditions set forth in this Agreement and does not grant Client any other right or title to the Services or the API.

        12.2. Rights to Customer Data
        The Customer may store or transmit its own data by using the Services forming part of the Agreement. The Customer grants to INTERACTIVE 3G a royalty-free, non-transferable and non-exclusive license to INTERACTIVE 3G and each of its direct and indirect subcontractors to use, copy, process and transmit such data solely to the extent necessary for the provision of the Services and to exercise or perform its rights and obligations under this Agreement. This license shall be valid only as long as the Agreement is in effect.

        The Customer retains all proprietary rights to the data and content it transmits through the use of the Services, including, but not limited to, its recipient base, the content of the messages, and its company name and logo. The use of such data by INTERACTIVE 3G shall in no way constitute a transfer of ownership of such data.

        12.3. Limitation of Customer Rights
        Except for the rights expressly granted to the Customer in this Agreement, neither the Customer, nor its Affiliates nor its direct and indirect subcontractors, shall acquire any right, title or interest of any nature whatsoever in or to the Services, the API or any part thereof. Customer may not modify, distribute, copy, sublicense or transfer the Services or the API in any way, except as expressly permitted by the Agreement.

        12.4. Indemnification for Third Party Intellectual Property Claims
        INTERACTIVE 3G will indemnify Customer for any loss, damage, liability, cost or expense (including reasonable professional fees) incurred as a result of any action, suit or claim by a third party alleging that Customer’s use of the Services infringes Third Party Intellectual Property Rights (an IPR Claim) provided that Customer:

        a) notify INTERACTIVE 3G in writing of such situation as soon as reasonably possible,
        b) does not admit any liability or enter into any settlement or compromise in respect of the IPR Claim without the prior written consent of INTERACTIVE 3G,
        c) permit INTERACTIVE 3G, upon request and at its own expense, to conduct such negotiations or litigation as it deems to arise out of the IPR Claim.

        In the event that an IPR Claim would prevent the continued use of the Services, INTERACTIVE 3G may, at its option and expense, elect to modify or replace the affected Services so that they do not infringe the rights of third parties, or obtain the rights necessary for Customer to continue to use the Services in accordance with the terms of this Agreement.

        13. Confidentiality

        During the term of this Agreement and after its termination, neither Party may use, disclose or communicate to third parties confidential information belonging to the other Party, except as necessary for the administration and performance of the rights and obligations under the Agreement, or when required to do so by applicable law or regulation, provided that, in the latter case, prior notice is given to the other Party, to the extent legally possible.

        Each Party undertakes to treat the Confidential Information of the other Party with the same level of care and diligence that it uses to protect its own Confidential Information, and, in no case, with a lower level of protection than that reasonably considered appropriate for this type of information.

        Information shall not be considered as Confidential Information if:

        a) was already in the possession of the receiving Party before being disclosed by the disclosing Party, provided that such information was not subject to a prior confidentiality obligation;
        b) was lawfully obtained by the receiving Party from a third party not bound by the obligations of this Agreement, provided that such third party is not subject to any obligation of confidentiality;
        c) was already or becomes publicly available information, provided that it is not as a result of a breach of the confidentiality obligations set forth in this Agreement.

        In the event that a Party is required to disclose Confidential Information pursuant to a court order or governmental request, it shall promptly notify the other Party, provided that it is not prohibited by applicable law, to enable the affected Party to take appropriate steps to limit or protect such disclosure.

        14. Communication / Advertising

        INTERACTIVE 3G is authorized to mention the name and logos of the Client’s company as a commercial reference in any material or media, including websites, commercial presentations or advertising material. This mention is made free of charge, with no right to compensation or remuneration from the Client. However, the Client may revoke this authorization at any time by written notice to the e-mail address: info@interactive3g.com.

         

        15. Breach of contract

        Failure by a Party to comply with its obligations under the Agreement shall constitute a breach of contract. The Responsible Party shall, at its own expense, remedy such breach without undue delay upon becoming aware of it.

        Each Party shall be fully responsible for the acts and omissions of its subcontractors, employees, officers and agents as if they were its own acts and omissions for purposes of this Agreement. For clarity, INTERACTIVE 3G shall not be liable for the acts or omissions of Telecommunications Carriers or Network Operators, acting as independent third parties.

        The Party Responsible for the breach shall indemnify the Affected Party for the direct economic damages suffered by the latter as a result of the breach, within the limits set forth in clause 16 Limitation of Liability.

        Each Party shall notify the other Party in writing of any breach of contract as soon as possible and, in any event, within a maximum period of seven (7) days from its occurrence or from the time the Party became aware of the incident giving rise to the alleged breach.

         

        16. Limitation of Liability

        Neither Party shall be liable to the other for indirect, consequential, special, punitive or exemplary damages including, but not limited to, damages resulting from loss of data, revenue, profits or lost profits, whether or not such damages were foreseeable or whether the Party was informed of the possibility of their occurrence. This limitation of liability shall apply regardless of the legal basis on which the claim is based, whether based on breach of contract, tort, breach of warranty, or otherwise.

        This exclusion of liability shall not apply to damages arising from (i) breaches of clause 14 (Confidentiality); (ii) damages attributable to gross negligence or wilful misconduct; (iii) the liability of the Parties under clause 13 (Intellectual and Industrial Property); (iv) damages caused by the improper use of the Service or the Service Content by the Customer, or by non-compliance with the conditions imposed by third party providers.

        INTERACTIVE 3G shall not be liable to the Customer, the Users or any third party for:

        • errors or delays beyond INTERACTIVE 3G’s reasonable control, including but not limited to: delays or failures in Internet connectivity, electrical failures, or equipment or network infrastructure failures;
        • errors caused by the Customer’s systems, or by the Customer’s acts, negligence or omissions, which shall be the sole responsibility of the Customer.

        In no event shall the maximum liability of either Party exceed the amount paid by the Customer in the twelve (12) months prior to the date on which the claim was filed, excluding in any event amounts paid to the operator for the Customer’s message transactions.

        Neither Party shall be liable, either directly or indirectly, for any of the following:

        • loss of profits,
        • destruction, loss of use or corruption of data,
        • loss of opportunities,
        • loss of savings, discounts or rebates, whether actual or anticipated,
        • damage to reputation or loss of goodwill.

        INTERACTIVE 3G shall not be liable for any breach, delay or non-performance of the Agreement to the extent that such situation has been caused by the Customer’s breach of the Agreement or arising from any Force Majeure event.

         

        17. Term, Renewal and Termination of the Agreement

        The Agreement shall take effect on the date indicated therein. The term of the Agreement shall be as stated in the Agreement, after which the Agreement shall automatically renew unless either Party indicates its intention to terminate the Agreement by giving at least three (3) months’ written notice or as otherwise provided in the Specific Terms of Service.

        17.1. Causes for termination

        17.1.1. Termination for breach
        Either Party may terminate the Agreement if the other Party commits a serious breach of the Contract and does not remedy it within thirty (30) days after the defaulting Party has been notified by the other Party to that effect.

        17.1.2. Termination for Non-Payment
        The Agreement may be terminated by INTERACTIVE 3G if the Customer fails to make the stipulated payment when due and does not remedy such non-payment within thirty (30) days of receiving notice of such non-payment. In this case, the termination of the contract does not release the Customer from its obligation to pay the outstanding amounts.

        17.1.3. Termination due to Insolvency or Liquidation
        Either Party may terminate the Agreement by written notice to the other Party if the other Party becomes insolvent or is unable to pay its debts as they fall due or is subject to voluntary or compulsory liquidation proceedings.

        17.2. Access to Data upon Termination
        Upon termination or termination of the Agreement, the rights granted by INTERACTIVE 3G to the Customer under the Agreement shall terminate and the Customer (and Authorized Affiliates) shall cease to use the Services, pay any fees due and owing.

        Prior to termination of the Agreement, the Customer shall be given sufficient access to data transferred to INTERACTIVE 3G’s systems during the

        Customer’s use of the Services to enable the Customer to retrieve the data prior to the termination date.

        Should the Customer require additional access or transfer capabilities after termination of the Agreement, INTERACTIVE 3G may provide limited access to such data for 30 days following termination, if requested by the Customer. At the end of this period, INTERACTIVE 3G will delete the Customer’s data.

        18. Notices

        Any notice, request or other communication to be given in connection with this Agreement shall be in writing (including e-mail) and shall be deemed to have been duly given if delivered in one of the following ways:

        • by hand, with acknowledgement of receipt signed by the addressee
        • by registered mail, addressed to the address of the receiving Party as stated in the Special Conditions
        • by e-mail, addressed to the e-mail address of the receiving Party as stated in the Special Conditions, provided that the sending of such e-mail can be proven.

        In the event of a change in the contact details, the relevant Party shall notify the other Party in writing of the change at least ten (10) calendar days before the date on which the change is to take effect. If the Party fails to notify the change in the manner provided for in this clause, all notifications sent to the contact details set forth in the Particular Conditions shall be deemed to have been validly effected.

        If a notification could not be delivered due to an error in the data provided by the receiving Party or failure to update such data, the notification shall be deemed to have been given on the date of attempted delivery.

        19. Independent Contracting Parties

        The Parties act independently and nothing in this Agreement shall be construed as creating a partnership, joint venture, employment relationship, agency, agency, mandate, franchise or any other form of association between them. Both Parties execute and perform the Agreement independently, as autonomous entities.

        Neither Party shall have or may assume or represent that it has any authority to represent, act or incur any obligations on behalf of the other Party, unless expressly authorized in writing in advance.

        In no event shall this Agreement be construed as limiting or excluding INTERACTIVE 3G’s right to market, distribute or enter into agreements with third parties with respect to the products or services that are the subject of the Agreement.

         

        20. Assignment

        Either Party may assign its rights and obligations under the Agreement to any Related Entity without the prior written consent of the other Party. The assigning Party shall remain jointly and severally liable with the Related Entity to which the contract is assigned, unless the other Party expressly waives such joint and several liability in writing.

         

        21. Changes to the Agreement

        INTERACTIVE 3G reserves the right to modify these General Terms and Conditions by notifying the Customer in writing of any relevant changes. The Customer shall have thirty (30) calendar days from receipt of the notice to object in writing to INTERACTIVE 3G. If the Customer does not object within this period, the Customer will be deemed to have tacitly accepted the modifications.

        Any modification to the Agreement not resulting from an update of the Terms and Conditions by INTERACTIVE 3G must be bilaterally agreed and formalized in writing, with express reference to the Agreement and duly signed by both Parties. No verbal or implied modification shall be valid or effective.

         

        22. Force Majeure

        Neither Party shall be liable to the other for any delay or failure to perform its obligations under this Agreement when such delay or failure is the result of causes beyond its reasonable control, as set forth in Article 1.105 of the Spanish Civil Code. Force majeure causes include, but are not limited to: government restrictions, orders from market regulators, strikes, sabotage, interruptions in the Operator’s network or Internet services, power outages, epidemics, floods, earthquakes, fires and other natural disasters.

        In such cases, the Parties undertake to use all reasonable means to mitigate the effects of the delay or non-compliance and to resolve the situation as soon as possible.

        When an event of force majeure occurs, the obligations of the affected Party shall be temporarily suspended from the moment such event occurs. These obligations shall be resumed as soon as the situation of force majeure ends. The affected Party shall use its best efforts to resume performance of the Agreement as soon as possible and minimize the consequences arising from the force majeure event.

        In order for a Party to invoke force majeure under the provisions of this clause, it must notify the other Party in writing within five (5) calendar days after the occurrence of the force majeure event.

        If the force majeure event persists for a continuous period of more than two (2) months, either Party may terminate this Agreement by giving written notice to the other Party with fourteen (14) calendar days’ notice.

         

        23. Applicable Law and Jurisdiction

        This Agreement will be governed by the laws of Spain (excluding its conflict of laws rules).

        If any provision of the Agreement (or part of a provision) is or becomes illegal, void or unenforceable, the legality, validity and enforceability of any other provision of our Agreement will not be affected.

        Disputes or disputes arising in connection with the Agreement shall be settled by good faith negotiations. If an amicable settlement cannot be reached, the dispute or controversy shall be submitted to the jurisdiction of the competent court of INTERACTIVE 3G’s domicile.

        Last modified: October 2024