[{"id":20880,"date":"2025-01-13T21:10:45","date_gmt":"2025-01-13T21:10:45","guid":{"rendered":"https:\/\/www.telesign.com\/?post_type=legal&#038;p=20880"},"modified":"2025-01-13T21:11:38","modified_gmt":"2025-01-13T21:11:38","slug":"privacy-notice-12-24","status":"publish","type":"legal","link":"https:\/\/www.telesign.com\/es\/legal\/privacy-notice-12-24","title":{"rendered":"Privacy Notice 12-24"},"content":{"rendered":"\n<h2 class=\"wp-block-heading\">Scope of the Privacy Notice<\/h2>\n\n\n\n<p>Telesign is committed to protecting your privacy and keeping your personally identifiable information or personal data&nbsp;<strong>(\u201cPersonal Data\u201d)<\/strong>&nbsp;secure. This Privacy Notice describes how Telesign collects, uses, shares and retains Personal Data, what choices you have with respect to your Personal Data, and how we keep it secure.<\/p>\n\n\n\n<p>We aim to be fully transparent in this Privacy Notice by describing our privacy practices in simple, easy-to-understand language, and giving you control over your Personal Data that you have entrusted us with. We will work hard to maintain your trust in us by being honest and direct when it comes to your Personal Data. Your trust is our top priority and by helping you understand our Privacy Notice, we intend to open the way to better communications and service.<\/p>\n\n\n\n<p>This Privacy Notice applies only where Telesign is a&nbsp;<strong>\u201cData Controller\u201d<\/strong>&nbsp;\u2013 where it processes Personal Data for its own purposes \u2013 and only for the following activities:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>when you use Telesign\u2019s websites, including\u00a0<a href=\"http:\/\/telesign.com\/\">telesign.com<\/a>, our Customer portals, and the self-service online accounts (\u201c<strong>Websites\u201d<\/strong>). If you are a job applicant, this Privacy Notice does not apply. Please read our\u00a0<a href=\"https:\/\/www.telesign.com\/job-applicant-privacy-notice\">Job Applicant Privacy Notice<\/a>.<\/li>\n\n\n\n<li>when Telesign processes the Personal Data of individuals to deliver our\u00a0<a href=\"https:\/\/www.telesign.com\/services\">services<\/a>\u00a0to our Customers (\u201c<strong>Services<\/strong>\u201c)<\/li>\n\n\n\n<li>When Telesign processes Personal Data of its business contacts such as representatives of prospective Customers, suppliers and business partners at events, trade fairs, via email and phone and when visiting our offices (\u201c<strong>Business Contacts<\/strong>\u201c).<\/li>\n<\/ul>\n\n\n\n<p>Note that for some of our Services, Telesign is a \u201c<strong>Data Processor<\/strong>\u201d \u2013 we process Personal Data on behalf of our Customers and in accordance with their instructions \u2013 in which case this Privacy Notice does not apply and you should contact the relevant Customer directly for information about how they process your Personal Data. Further details about this distinction are contained in the \u201cOur Services\u201d section below.<\/p>\n\n\n\n<p>In this Privacy Notice, the words \u201c<strong>you<\/strong>\u201d and \u201c<strong>your<\/strong>\u201d refer to the individual interacting with Telesign, as well as our Customer\u2019s end user.<\/p>\n\n\n\n<p>Our business may change from time to time. As a result, at times it may be necessary for Telesign to make changes to this Privacy Notice so please check this page occasionally. We will announce any material changes to this Privacy Notice via channels appropriate to our relationship with you.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Our Services<\/h2>\n\n\n\n<p>Telesign provides continuous trust to leading global enterprises by connecting, protecting, and defending their digital identities. Headquartered in Los Angeles, California, Telesign connects, protects and defends companies, customers and the digital interactions between them. With powerful AI that delivers identity with speed, accuracy and global reach, we enable companies to transact, communicate and engage with their customers free of fear. Telesign helps make the promise of the digital economy possible.<\/p>\n\n\n\n<p>In many instances, Telesign is a Data Controller for its Services meaning that we are responsible for its processing. In order to deliver these Services to our Customers, we process Personal Data about individuals, including those who interact with our Customers, for example end users of gaming, software and retail services. See below some examples of how Telesign\u2019s Services work.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Intelligence<\/h3>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/03\/Picture1.webp\" alt=\"\"\/><\/figure>\n\n\n\n<p>When an individual user attempts to sign-up to the service (e.g. an app) of one of our Customers, the Customer will collect the phone number of the user. Telesign then evaluates certain aspects of that phone number to provide a risk score to the Customer indicating whether the phone number is likely to be used for fraudulent purposes. The Customer then, based on this risk score recommendation and other information at its disposal, decides whether to allow, flag or block that phone number from being used for its services.<\/p>\n\n\n\n<p>The risk score is calculated based on a variety of data. For example, Telesign will look at:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Whether the phone number is a mobile, landline, VoIP or burner phone<\/li>\n\n\n\n<li>The city in which the phone was registered and the country code of the phone number<\/li>\n\n\n\n<li>Usage activity of the phone, including anomalous behavior such as being used across multiple geographic locations in a short space of time<\/li>\n\n\n\n<li>Previous signs of anomalous behavior indicating potential fraud<\/li>\n<\/ul>\n\n\n\n<p>Telesign is a Data Controller of all the Personal Data used to evaluate the risk score and the risk score itself. Our Customer is also a Data Controller and makes the decision about whether to provide their services using the phone number you have provided. This means you can ask either Telesign or our Customer about how your Personal data is used, but only our Customer can explain their decision. Telesign also is a Data Processor for user contact details the Customer provides to us.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Engagement (SMS, Voice, other Omnichannel Messaging)<\/h3>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/03\/Picture2.webp\" alt=\"\"\/><\/figure>\n\n\n\n<p>Telesign helps its Customers to send SMS text messages, voice calls or other programmable communications (such as WhatsApp and Viber messages). Customers do this for a variety of purposes such as sending alerts, reminders, notifications, promotions, marketing and multi-factor authentication. Telesign acts both as a Data Controller and a Data Processor.<\/p>\n\n\n\n<p>Telesign is a Data Processor for the sending of the content in the messages or calls (as the Customer decides its content), for data of its Customer\u2019s employees in order to operate and communicate about the Customer\u2019s account and when a Customer sends data to us to provide support and troubleshooting.<\/p>\n\n\n\n<p>Telesign is a Data Controller for the phone number when routing the message or call i.e. ensuring the message or call reaches its destination quickly and efficiently, as well as for the content of the message or call for the purpose of error resolution, ensuring it meets legal requirements and the policies of Telesign and the carriers. Telesign also creates logs of when messages or calls are sent which, along with Personal Data about its Customers\u2019 employees, it processes as a Data Controller for billing, error resolution and security as well as to meet legal obligations and ensure Customers\u2019 contractual obligations are met. Telesign also processes Personal Data as a Data Controller when resolving common issues affecting multiple Customers, which may include examples of messages or calls sent.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Digital Identity (PhoneID)<\/h3>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/03\/Picture3.png\" alt=\"\"\/><\/figure>\n\n\n\n<p>When an individual user attempts to sign-up to the service (e.g. an app) of one of our Customers, the Customer will collect contact details of the user such as their phone number, name, address and date of birth. Telesign then provides information to the Customers based on those contact details. The Customer then, based on this information and other information at its disposal, decides whether to allow, flag or block that phone number from being used for its services.<\/p>\n\n\n\n<p>The information provided to the Customer includes information from third parties such as:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Whether the phone number is a mobile, landline, VoIP or burner phone<\/li>\n\n\n\n<li>The city in which the phone was registered and the country code of the phone number<\/li>\n\n\n\n<li>Information about how closely the information provided by the Customer matches data held by third parties such as the phone carrier<\/li>\n\n\n\n<li>How likely it is that the phone number has been fraudulently swapped onto a different SIM<\/li>\n<\/ul>\n\n\n\n<p>Telesign is a Data Processor for the Personal Data of its Customer\u2019s employees in order to operate and communicate about the Customer\u2019s account and when a Customer sends data to us to provide support and troubleshooting. Telesign is also a Data Processor for user contact details the Customer provides to us.<\/p>\n\n\n\n<p>Telesign is a Data Controller for obtaining and combining information from third party sources to provide to the Customer and for assessing the likelihood of SIM swap fraud. Telesign also creates logs of the information provided to Customers which, along with Personal Data about its Customer\u2019s employees, it processes as a Data Controller for billing, error resolution and security as well as to meet legal obligations and ensure the Customer\u2019s contractual obligations are met. Telesign also processes Personal Data as a Data Controller when resolving common issues affecting multiple Customers.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">How Do We Collect Personal Data?<\/h2>\n\n\n\n<p>How we collect your Personal Data depends on whether you interact with our Website and\/or whether we are collecting your Personal Data in the course of providing our Services to our Customers. Some of the Personal Data provided to our Customers is sourced from phone carriers, data aggregators and publicly available websites. Telesign also derives risk scores from this information which we share with our Customers.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Websites<\/h3>\n\n\n\n<p>We collect Personal Data to provide the best possible experience when you use our Websites. We collect information in a variety of ways directly from you, when you:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Register to attend training through our Website<\/li>\n\n\n\n<li>Participate in surveys, evaluations and promotions on our Website<\/li>\n\n\n\n<li>Join an email mailing list via our Website<\/li>\n\n\n\n<li>Create and operate a self-service online account on our Websites to access our Services, as an employee or agent of our Customer<\/li>\n\n\n\n<li>Request support from our customer support team for Services via our Website<\/li>\n\n\n\n<li>Use Services via our Websites, including when you interact with the data subject rights requests portal or otherwise communicate with us via chat or messaging features on our Websites<\/li>\n\n\n\n<li>Submit Personal Data through our Websites or via cookies<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Services<\/h3>\n\n\n\n<p>To improve the quality and accuracy of the Services we deliver to our Customers, we receive Personal Data from a number of sources:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>From Telesign\u2019s Customers, for example when they submit your contact details to us so that we can provide them with additional Personal Data about you or your phone number, including a risk score<\/li>\n\n\n\n<li>From third parties, such as Telesign affiliates, phone carriers and data aggregators that are legally permitted to share your Personal Data with us, such as the city location where a phone number is registered, to confirm your contact details are correct or to provide additional information about you and your phone number<\/li>\n\n\n\n<li>From publicly available sources of information, such as phone numbers which are published online by third parties for potentially fraudulent purposes. These include websites providing phone numbers for VoIP and receiving SMS messages, as well as those providing premium rate numbers.<\/li>\n<\/ul>\n\n\n\n<p>We also draw inferences from the Personal Data, for example by assessing whether a phone number is likely to be used for fraudulent purposes, and the reasons why.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Business Contacts<\/h3>\n\n\n\n<p>To collect Personal Data about you via events, trade fairs, email and phone, we collect Personal Data from a number of sources, including:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>From you or your colleagues when we communicate about our respective products and services<\/li>\n\n\n\n<li>From Telesign\u2019s Customers in provision of our Services to our Customers<\/li>\n\n\n\n<li>From third parties, such as Telesign affiliates and partners, that have your permission to share your personal data with us<\/li>\n\n\n\n<li>From publicly available sources of information such as LinkedIn, Apollo.ai and Lusha.com<\/li>\n\n\n\n<li>At conventions, trade events, and trade shows.<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\">What Personal Data Do We Collect?<\/h2>\n\n\n\n<p>We may process Personal Data that directly identifies you, such as name, and email address. We may also process Personal Data that may only indirectly identify you such as phone number, device identifiers and how you use our website.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Website<\/h3>\n\n\n\n<p>In relation to our Website, we collect the following&nbsp;categories of Personal Data:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Contact Information:<\/strong>\u00a0Your name, email address and telephone number<\/li>\n\n\n\n<li><strong>Online Identifiers:<\/strong>\u00a0Your IP address, how you navigate our Website, and cookies<\/li>\n\n\n\n<li><strong>Product Information:<\/strong>\u00a0Details of any products or services you enquire about or purchase<\/li>\n\n\n\n<li><strong>Self-service account registration data:<\/strong>such as your name, family name, email address, password that you have set and telephone number, so we can communicate a verification code to that telephone number and have you enter the code into our website<\/li>\n\n\n\n<li><strong>Marketing and Contact Preferences:<\/strong>\u00a0Details of the choices you have made to receive marketing from us<\/li>\n\n\n\n<li><strong>Employment relationship data:<\/strong>\u00a0such as your company\/employer\u2019s name, your role\/position in the company, your sector, industry, etc. so as to appropriately target our sales and marketing efforts.<\/li>\n<\/ul>\n\n\n\n<p>We do not store credit card information. For payments, we use third party payment processors who specialize in the secure online capture and processing of credit\/debit card transactions.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Services<\/h3>\n\n\n\n<p>In relation to our Services, we may collect the following&nbsp;categories of Personal Data depending on the Services our Customers engage us for and whether or not your Personal Data is contained in the information we receive from third party data sources:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Personal Data sent to us by our Customers:\n<ul class=\"wp-block-list\">\n<li><strong>End User Contact Data:<\/strong>\u00a0Name, postal address, telephone number, and other identifiers such as social media account ID<\/li>\n\n\n\n<li><strong>End User Content Data:<\/strong>\u00a0Content of SMS\/Voice messages sent by Customers e.g. \u201cDear John Doe, your dental appointment is today 3PM\u201d).<\/li>\n\n\n\n<li><strong>Support Data:\u00a0<\/strong>Information sent by the Customer to Telesign for troubleshooting, for example screenshots which could include Personal Data about you<\/li>\n\n\n\n<li><strong>Customer Relationship Data:<\/strong>\u00a0Information about the Customer employee used to operate their account such as name, log-in details, job title, company name of Customer, preferences and settings<\/li>\n\n\n\n<li><strong>Device Identifiers:\u00a0<\/strong>Information about the devices used by Customer employees such as their device identifier and IP address.<\/li>\n<\/ul>\n<\/li>\n\n\n\n<li>Personal Data we receive from third party sources such as aggregators of telecoms data:\n<ul class=\"wp-block-list\">\n<li><strong>Telco<\/strong><strong>\u00a0Data:\u00a0<\/strong>Information to assess the risk profile of a phone number such as the phone type (e.g. mobile, landline, VoIP, pre-paid, premium number), active status, current and previous carriers, call forwarding settings, contract and account type, SIM swap history, porting history and the city\/country where the phone number was initially registered. We also receive confirmation about whether Personal Data provided by the Customer matches with the Personal Data held by the phone carrier.<\/li>\n\n\n\n<li><strong>Aggregator Data<\/strong>: Information which supplements or confirms the data already held by the Customer such as name, address, email address, date of birth and (in certain limited countries, where permitted) national identification numbers.<\/li>\n\n\n\n<li><strong>IP Data:<\/strong>\u00a0City\/country where the IP address is located<\/li>\n\n\n\n<li><strong>End User identifiers:\u00a0<\/strong>Date of birth and confirmation of whether the person to whom the phone number is registered is aged 18 or over, and (in Brazil only) the national ID number.<\/li>\n<\/ul>\n<\/li>\n\n\n\n<li>Personal Data inferred by Telesign:\n<ul class=\"wp-block-list\">\n<li><strong>Services Data:<\/strong>\u00a0Risk scores based on telephone number or SIM card behavior, data intelligence and the reasons why (e.g. \u201ccall center-like activity\u201d or \u201cVoIP number\u201d)<\/li>\n\n\n\n<li><strong>Log Data:<\/strong>\u00a0Records about how we provide our Services to our Customers, such as the date, time and phone number of an SMS is sent as well as the sent status of the message and error codes.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Business Contacts<\/h3>\n\n\n\n<p>We collect the following Personal Data either from you or third parties:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Business Contact Data:\u00a0<\/strong>Name, email address, phone number, job title, company, links to business networking online profiles<\/li>\n\n\n\n<li><strong>Enquiry Data:<\/strong>\u00a0Information submitted to us relating to questions about our Services or products and services provided by your business<\/li>\n\n\n\n<li><strong>Marketing and Contact Preferences:<\/strong>\u00a0Details of the choices you have made to receive marketing from us.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Children\u2019s Information<\/h3>\n\n\n\n<p>Telesign does not knowingly collect Personal Data from children. If you are a child, please do not submit any Personal Data. We encourage parents and legal guardians to monitor their children\u2019s Internet usage and to help enforce our Privacy Notice by instructing their children never to provide Personal Data without their permission. If you have reason to believe that a child has provided Personal Data to Telesign, please&nbsp;<a href=\"https:\/\/www.telesign.com\/privacy-requests\">Contact Us<\/a>, and we will delete that information from our data bases in the earliest possible timeframe.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Why Do We Process Personal Data?<\/h2>\n\n\n\n<p>In some jurisdictions, such as in the European Union, we need a \u201clegal basis\u201d to process your Personal Data. Our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we process it.<\/p>\n\n\n\n<p>We have set out a description of all the ways we will use your Personal Data and which of the legal bases we rely on to do so, in the tables below.<\/p>\n\n\n\n<p>In certain situations, we require your Personal Data to pursue our legitimate interests in a way which is reasonable for you to expect, and which does not materially affect your rights and freedoms. We have identified below what our legitimate interests are.<\/p>\n\n\n\n<h3>Website<\/h3>\n<div class=\"privacy-notice-table\" style=\"padding: 5px;\">\n<table class=\"content-table\" style=\"border: 1px solid #9CB0C2;\">\n<tbody>\n<tr style=\"height: 100px; background-color: #9cb0c2;\">\n<th style=\"width: 30%;\">Purpose\/Activity<\/th>\n<th style=\"width: 23%;\">Personal Data<\/th>\n<th style=\"width: 23%;\">Lawful basis for processing including basis of legitimate interest<\/th>\n<\/tr>\n<tr style=\"height: 50px;\">\n<td style=\"width: 30%;\">To process and deliver your order including:\n<ol class=\"lower-alpha\">\n \t<li>Manage payments, fees and charges<\/li>\n \t<li>Collect and recover money owed to us<\/li>\n<\/ol>\n<\/td>\n<td style=\"width: 23%;\">Contact Information<\/td>\n<td style=\"width: 23%;\">\n<ul class=\"disc\">\n \t<li>Necessary for our legitimate interests (to be paid and recover debts due to us)<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<tr style=\"height: 50px;\">\n<td style=\"width: 30%;\">To create and administer your self-service account<\/td>\n<td style=\"width: 23%;\">Self-service account registration data\nProduct Information\nOnline Identifiers\nCommunications data<\/td>\n<td style=\"width: 23%;\">\n<ul class=\"disc\">\n \t<li>Necessary for our legitimate interests when we provide the Self-service account services to the organization you represent)<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<tr style=\"height: 50px;\">\n<td style=\"width: 30%;\">To manage our relationship with you which will include:\n<ol class=\"lower-alpha\">\n \t<li>Notifying you about changes to our terms or privacy policy<\/li>\n \t<li>Asking you to leave a review or take a survey<\/li>\n<\/ol>\n<\/td>\n<td style=\"width: 23%;\">Contact Information\nProduct Information\nMarketing and Contact Preferences<\/td>\n<td style=\"width: 23%;\">\n<ul class=\"disc\">\n \t<li>Necessary to comply with a legal obligation such as under data protection laws<\/li>\n \t<li>Necessary for our legitimate interests (to keep our records updated and to study how customers use our products\/services)<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<tr style=\"height: 50px;\">\n<td style=\"width: 30%;\">To administer and protect our business and our Websites (including troubleshooting, security, data analysis, testing, system maintenance, support, reporting and hosting of data)<\/td>\n<td style=\"width: 23%;\">Contact Information\nSelf-service account registration data\nOnline Identifiers<\/td>\n<td style=\"width: 23%;\">\n<ul class=\"disc\">\n \t<li>Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, for login authentication purposes, to prevent fraud and for improvement of other Telesign services, including Intelligence services, and in the context of a business reorganization or group restructuring exercise)<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<tr style=\"height: 50px;\">\n<td style=\"width: 30%;\">To deliver relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you<\/td>\n<td style=\"width: 23%;\">Online Identifiers\nProduct Information\nMarketing and Contact Preferences<\/td>\n<td style=\"width: 23%;\">\n<ul class=\"disc\">\n \t<li>Necessary for our legitimate interests (to study how customers use our products\/services, to develop them, to grow our business and to inform our marketing strategy)<\/li>\n \t<li>Where required, with your consent<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<tr style=\"height: 50px;\">\n<td style=\"width: 30%;\">To contact customers and prospective customers about products, services, sector developments and events we think may be of interest to you<\/td>\n<td style=\"width: 23%;\">Contact Information\nProduct Information\nMarketing and Contact Preferences<\/td>\n<td style=\"width: 23%;\">\n<ul class=\"disc\">\n \t<li>If required by marketing laws, we seek consent before sending marketing materials to individuals and in such cases consent is our lawful basis for sending marketing to you<\/li>\n \t<li>Where consent is not required, to send marketing materials based on our legitimate interest (to grow our business)<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n<h3>Services<\/h3>\n<div class=\"privacy-notice-table\" style=\"padding: 5px;\">\n<table style=\"border: 1px solid #9CB0C2;\">\n<tbody>\n<tr style=\"height: 100px; background-color: #9cb0c2;\">\n<th style=\"width: 30%;\">Purpose\/Activity<\/th>\n<th style=\"width: 23%;\">Personal Data<\/th>\n<th style=\"width: 23%;\">Lawful basis for processing including basis of legitimate interest<\/th>\n<\/tr>\n<tr style=\"height: 50px; background-color: #f8f8f8;\">\n<td style=\"width: 30%;\">To provide the Services to our Customers such as\n<ol class=\"lower-alpha\">\n \t<li>to ensure that messages sent on behalf of Customers are correctly routed<\/li>\n \t<li>to select and consolidate third party data sources to deliver accurate data to Customers and<\/li>\n \t<li>to provide data intelligence and\/or fraud risk assessment to our Customers.<\/li>\n<\/ol>\n<\/td>\n<td style=\"width: 23%;\">End User Contact Data\n\nTelco Data\n\nAggregator Data\n\nServices Data<\/td>\n<td style=\"width: 23%;\">\n<ul class=\"disc\">\n \t<li>Necessary for our legitimate interests (to grow our business) for those of our Customers (to detect and prevent fraud) and for those of our Customer&#8217;s end users (to enjoy a safe and efficient online experience)<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<tr style=\"height: 50px;\">\n<td style=\"width: 30%;\">To manage billing queries of Customers<\/td>\n<td style=\"width: 23%;\">Log Data\n\nCustomer Relationship Data<\/td>\n<td style=\"width: 23%;\">\n<ul class=\"disc\">\n \t<li>Necessary for our legitimate interests (to correctly bill our Customers)<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<tr style=\"height: 50px; background-color: #f8f8f8;\">\n<td style=\"width: 30%;\">To filter and block messages in accordance with Telesign&#8217;s policies, legal obligations and arrangements with carriers<\/td>\n<td style=\"width: 23%;\">End User Content Data<\/td>\n<td style=\"width: 23%;\">\n<ul class=\"disc\">\n \t<li>Necessary for our legitimate interests (to maintain a working relationship with carriers who deliver messages on behalf of our Customers)<\/li>\n \t<li>Necessary to comply with a legal obligation<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<tr style=\"height: 50px;\">\n<td style=\"width: 30%;\">To comply with legal and auditing requirements<\/td>\n<td style=\"width: 23%;\">Log Data\n\nCustomer Relationship Data<\/td>\n<td style=\"width: 23%;\">\n<ul class=\"disc\">\n \t<li>Necessary to comply with a legal obligation<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<tr style=\"height: 50px; background-color: #f8f8f8;\">\n<td style=\"width: 30%;\">To resolve bugs and errors and for general improvement of our models and Products<\/td>\n<td style=\"width: 23%;\">End User Content Data\n\nLog Data<\/td>\n<td style=\"width: 23%;\">\n<ul class=\"disc\">\n \t<li>Necessary for our legitimate interests and those of our Customers (to provide a quality Service to our Customers)<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<tr style=\"height: 50px;\">\n<td style=\"width: 30%;\">To protect our business and the Services (including troubleshooting, security and system maintenance) and to detect violations of Customer agreements<\/td>\n<td style=\"width: 23%;\">Log Data\n\nCustomer Relationship Data<\/td>\n<td style=\"width: 23%;\">\n<ul class=\"disc\">\n \t<li>Necessary for our legitimate interests and those of our Customers (to protect the Services, our business and our Customers)<\/li>\n \t<li>Necessary to comply with a legal obligation such as maintaining appropriate technical and organizational security measures under data protection law<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<tr style=\"height: 50px; background-color: #f8f8f8;\">\n<td style=\"width: 30%;\">To resolve common issues affecting multiple Customers.<\/td>\n<td style=\"width: 23%;\">Support Data<\/td>\n<td style=\"width: 23%;\">\n<ul class=\"disc\">\n \t<li>Necessary for our legitimate interests and those of our Customers (to provide a quality Service to our Customers)<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n<h3>Business Contacts<\/h3>\n<div class=\"privacy-notice-table\" style=\"padding: 5px;\">\n<table style=\"border: 1px solid #9CB0C2;\">\n<tbody>\n<tr style=\"height: 100px; background-color: #9cb0c2;\">\n<th style=\"width: 30%;\">Purpose\/Activity<\/th>\n<th style=\"width: 23%;\">Personal Data<\/th>\n<th style=\"width: 23%;\">Lawful basis for processing including basis of legitimate interest<\/th>\n<\/tr>\n<tr style=\"height: 50px; background-color: #f8f8f8;\">\n<td style=\"width: 30%;\">To process and deliver our or your order including:\n<ol class=\"lower-alpha\">\n \t<li>Manage payments, fees and charges<\/li>\n \t<li>Collect and recover money owed to us<\/li>\n<\/ol>\n<\/td>\n<td style=\"width: 23%;\">Business Contact Data\n\nEnquiry Data<\/td>\n<td style=\"width: 23%;\">\n<ul class=\"disc\">\n \t<li>Necessary for our legitimate interests (to pay, be paid and recover debts due to us))<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<tr style=\"height: 50px;\">\n<td style=\"width: 30%;\">To manage our relationship with you which will include:\n<ol class=\"lower-alpha\">\n \t<li>Notifying you about changes to our terms or privacy policy<\/li>\n \t<li>Asking you to leave a review or take a survey<\/li>\n<\/ol>\n<\/td>\n<td style=\"width: 23%;\">Business Contact Data\n\nEnquiry Data\n\nMarketing and Contact Preferences<\/td>\n<td style=\"width: 23%;\">\n<ul class=\"disc\">\n \t<li>Necessary to comply with a legal obligation such as under data protection laws<\/li>\n \t<li>Necessary for our legitimate interests (to keep our records updated and to study how we use each others&#8217; products and services)<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<tr style=\"height: 50px; background-color: #f8f8f8;\">\n<td style=\"width: 30%;\">To administer and protect our business<\/td>\n<td style=\"width: 23%;\">Business Contact Data\n\nEnquiry Data<\/td>\n<td style=\"width: 23%;\">\n<ul class=\"disc\">\n \t<li>Necessary for our legitimate interests (for running our business, provision of administration, to prevent fraud and in the context of a business reorganization or group restructuring exercise)<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<tr style=\"height: 50px;\">\n<td style=\"width: 30%;\">To deliver relevant marketing to you and measure or understand the effectiveness of the advertising we serve to you<\/td>\n<td style=\"width: 23%;\">Business Contact Data\n\nEnquiry Data\n\nMarketing and Contact Preferences<\/td>\n<td style=\"width: 23%;\">\n<ul class=\"disc\">\n \t<li>Necessary for our legitimate interests (to study how Customers use products\/services, to develop them, to grow our business and to inform our business strategy)<\/li>\n \t<li>Where required, with your consent<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<tr style=\"height: 50px; background-color: #f8f8f8;\">\n<td style=\"width: 30%;\">To contact customers, prospective customers and suppliers about products, services, sector developments and events we think may be of interest to you<\/td>\n<td style=\"width: 23%;\">Business Contact Data\n\nEnquiry Data\n\nMarketing and Contact Preferences<\/td>\n<td style=\"width: 23%;\">\n<ul class=\"disc\">\n \t<li>If required by marketing laws, we seek consent before sending marketing materials to individuals and in such cases consent is our lawful basis for sending marketing to you<\/li>\n \t<li>Where consent is not required, to send marketing materials based on our legitimate interest (to grow our business)<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n\n\n\n\n<h2 class=\"wp-block-heading\">Who Do We Share Personal Data With?<\/h2>\n\n\n\n<p>When you use our Websites or if you are a Business Contact, your Personal Data may be shared with our subsidiaries and affiliates, or shared with our service providers who process data on our behalf. When our Customers use our Services, we share Personal Data about their End Users with data aggregators and phone carriers to obtain further information to share with our Customers. Other recipients may include public, government, judicial and law enforcement entities. Your Personal Data may be disclosed as required by law and when we have reason to believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Website<\/h3>\n\n\n\n<p>To operate our business, we use the following trusted third parties:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>cloud storage providers, such as Amazon Web Services, which provide our infrastructure,<\/li>\n\n\n\n<li>marketing analytics and automation providers,<\/li>\n\n\n\n<li>customer relationship management providers,<\/li>\n\n\n\n<li>learning management system providers, and<\/li>\n\n\n\n<li>payment processing services providers.<\/li>\n<\/ul>\n\n\n\n<p>These third party service providers are authorized to use the Personal Data only as necessary to provide their services. Telesign takes appropriate steps to ensure that these third party service providers protect your Personal Data, such as by signing data processing agreements with them and assessing their security measures.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Services<\/h3>\n\n\n\n<p>We share Personal Data with our Customers to deliver our Services. Full details about the Services we make available to our Customers can be found&nbsp;<a href=\"https:\/\/www.telesign.com\/products\">here<\/a>. As an example, Customers who use our Intelligence product receive:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Details about the mobile phone carrier (e.g. Verizon), type of phone number (e.g. pre-paid, premium number or VoIP) and location of registration (e.g. Long Beach, Los Angeles) that was used to register with our Customer.<\/li>\n\n\n\n<li>The country in which any IP address provided to us by our Customer is located.<\/li>\n\n\n\n<li>A risk score indicating whether the phone number provided by our Customer exhibits signs of anomalous behavior indicating fraud and how we have calculated that risk score (e.g. it is a VoIP number that places a large number of short duration calls).<\/li>\n<\/ul>\n\n\n\n<p>Personal Data may also be shared with the following&nbsp;trusted third-parties:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>email, data and SMS\/voice communications providers so that we can send communications on behalf of our Customers; and<\/li>\n\n\n\n<li>cloud storage providers, such as Amazon Web Services, which provide our infrastructure.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Business Contacts<\/h3>\n\n\n\n<p>We engage in joint marketing and sales operations with our subsidiaries and affiliates, including the co-branding of services, cross-selling of services, and collaborating on demand generation, lead generation, direct marketing and sales. Therefore, we may share with our subsidiaries and affiliates, Personal Data that we have collected from you through various avenues including product signups, one-to-one meetings at tradeshows and other events, email correspondences, online contact forms, chatbots on our Websites, social media and other public relations. We require those&nbsp;subsidiaries and affiliates&nbsp;to abide by this&nbsp;Privacy Notice.<\/p>\n\n\n\n<p>To operate our business, we use the following trusted third parties:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>cloud storage providers, such as Amazon Web Services, which provide our infrastructure,<\/li>\n\n\n\n<li>supplier relationship management providers, and<\/li>\n\n\n\n<li>payment processing services providers such as Stripe.<\/li>\n<\/ul>\n\n\n\n<p>These third party service providers are authorized to use the Personal Data only as necessary to provide their services. Telesign takes appropriate steps to ensure that these third party service providers protect your Personal Data, such as by signing data processing agreements with them and assessing their security measures.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Links to other websites<\/h3>\n\n\n\n<p>Our Websites include links to other sites whose privacy practices may differ from ours. If you submit Personal Data to any of those sites, their use of your information is governed by their respective privacy notices.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">What Are Your Privacy Rights &amp; Choices?<\/h2>\n\n\n\n<p>You have rights about the Personal Data we process about you which may include the right to ask us for a copy of your Personal Data or to delete or change your Personal Data or to port your data. You may also be able to ask us to stop processing your Personal Data or unsubscribe from our marketing. You can also complain to a data protection regulator.<\/p>\n\n\n\n<p>Depending on where you are located and how you interact with Telesign you may have one or more of the following rights:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>The Right to Access:\u00a0<\/strong>You can confirm whether we are processing your Personal Data, ask to know the specific pieces of Personal Data we have about you, and ask for a copy. You also may have the right to know the categories of Personal Data we have collected, the categories of sources from which we collected Personal Data, the business or commercial purposes for collecting, selling, or sharing Personal Data, and the categories of third parties to whom we disclose Personal Data.<\/li>\n\n\n\n<li><strong>The Right to Rectification:\u00a0<\/strong>If your Personal Data is incorrect or incomplete, you can ask us to update it.<\/li>\n\n\n\n<li><strong>The Right to Object:<\/strong>\u00a0You can object to the processing of your Personal Data. For example, you have a choice about whether or not you wish to receive marketing information from us. You can use the unsubscribe option within Telesign\u2019s marketing emails or unsubscribe via this email address:\u00a0<a href=\"mailto:unsubscribe@telesign.com\">unsubscribe@telesign.com<\/a>.<\/li>\n\n\n\n<li><strong>The Right to Restrict:<\/strong>\u00a0You can object to the processing of your Personal Data.<\/li>\n\n\n\n<li><strong>The Right to Data Portability:\u00a0<\/strong>If applicable, you can ask to receive the Personal Data you provided to us in a structured, commonly used, portable format.<\/li>\n\n\n\n<li><strong>The Right to Withdraw Consent:\u00a0<\/strong>At any time, you can withdraw any consent you previously provided to us. This will not affect any processing we have already carried out based on your past consent.<\/li>\n\n\n\n<li><strong>The Right to Delete:\u00a0<\/strong>You can request to delete your Personal Data and we will honor it to the extent that it is no longer necessary for any Services contracted by our Customer or required for our legitimate business purposes, legal or contractual record keeping requirements.<\/li>\n\n\n\n<li><strong>The Right to Opt Out:<\/strong>\u00a0If applicable, you may opt out of (1) the sale or sharing of your Personal Data, (2) targeted advertising, and (3) profiling in the furtherance of decisions that produce legal or similarly significant effects concerning you.<\/li>\n\n\n\n<li><strong>The Right to Limit Our Use of Sensitive Personal Data:<\/strong>\u00a0If we use or disclose sensitive Personal Data for purposes other than those allowed by applicable law, you may be able to limit our use of same.<\/li>\n\n\n\n<li><strong>The Right to Not Be Discriminated Against.<\/strong>\u00a0You may have the right not to be discriminated against for exercising your privacy rights.<\/li>\n<\/ul>\n\n\n\n<p>All of your rights above can be exercised by contacting us using the details specified below in the&nbsp;Contact Us section or via our&nbsp;<a href=\"https:\/\/www.telesign.com\/privacy-requests\">Privacy Requests<\/a>&nbsp;page. We may ask you to verify your identity with us before we process your request (e.g., by requesting a redacted version of your phone bill or sending you a text message). Some laws allow individuals to make requests on behalf of others (i.e. authorized agents). If you are submitting a request on behalf of another individual, please use the same contact methods described above. After submitting the request, we will require further information to verify your authority to act on behalf of the other individual. If we deny a request, you may have the right to appeal our decision. You can do so through the same contact methods described above. As explained above, for some of Telesign\u2019s products, Telesign processes Personal Data on behalf of its Customers. Where this is the case, you will be directed to our Customers by Telesign\u2019s Privacy team.<\/p>\n\n\n\n<p>Our Websites offer publicly accessible blogs. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your Personal Data from our blogs, please&nbsp;<a href=\"https:\/\/www.telesign.com\/privacy-requests\">Contact Us<\/a>.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">How And Where Do We Store Your Personal Data?<\/h2>\n\n\n\n<p>We store your data in the USA and any other countries where Telesign or its affiliates and trusted third party service providers operate facilities. We protect it according to the law, by implementing appropriate security measures and we only retain your Personal Data for as long as necessary<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Data Security<\/h3>\n\n\n\n<p>The security of your Personal Data and our Customers\u2019 confidential information is important to us. We maintain a comprehensive information security program designed to ensure the security of your Personal Data by implementing physical, technical, and administrative measures and safeguards. Telesign is ISO 27001 certified for the provision of infrastructure, application development, SOC operations, cybersecurity and global delivery of its Digital Identity Suite (PhoneID and Intelligence) and Programmable Communications Suite of Products (SMS and Voice communications).<\/p>\n\n\n\n<p>We follow best practices and generally accepted standards to store and protect the Personal Data we collect, both during transmission and once received and stored, including utilization of hashing and encryption, where appropriate. For Personal Data collected or received over unsecured Internet channels, we encrypt the transmission of that information using secure socket layer technology (SSL\/TLS).<\/p>\n\n\n\n<p>Our Privacy and Security Teams regularly review our security and privacy practices and enhance them as necessary to help ensure the integrity of our systems and security of your Personal Data. Nonetheless, security vulnerabilities are continually evolving which means that no security measures can guarantee absolute security, but we will use reasonable efforts to prevent the accidental or unlawful loss, misuse or alteration of your Personal Data.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Data Retention<\/h3>\n\n\n\n<p>We review our data retention periods for Personal Data on a regular basis. We are legally required to hold some types of information for certain periods to fulfill our legal and statutory obligations. Outside of these obligations, we will hold your Personal Data in our systems for as long as is necessary:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>to provide the Services you have requested or our Customer has contracted for,<\/li>\n\n\n\n<li>to develop and improve our Services,<\/li>\n\n\n\n<li>as mandated by law, contract or similar obligations that apply to our business operations,<\/li>\n\n\n\n<li>for preserving, resolving (customer support), defending or enforcing our legal\/contractual rights, or<\/li>\n\n\n\n<li>as needed to maintain adequate and accurate business and financial records (billing purposes).<\/li>\n<\/ul>\n\n\n\n<p>We take steps to destroy or permanently de-identify Personal Data once it is no longer needed. In some cases, we choose to retain usage information in a depersonalized or anonymized form. If Personal Data is anonymized, so that you can no longer be identified, the information ceases to be Personal Data and will not be subject to our regular retention policies or subject to the exercise of your rights and choices as outlined above.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">How Do We Use Website Tools, Cookies and Other Tracking Technologies?<\/h2>\n\n\n\n<p>We use cookies and other tracking technologies, details of which are provided in our&nbsp;<a href=\"https:\/\/www.telesign.com\/cookies\">Cookie Notice<\/a>. The Cookie Notice is considered a part of this Privacy Notice. For information about how we use tools on our Websites for cookie management, web analytics, and user engagement, please see below.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Use of Osano<\/h3>\n\n\n\n<p>We use Osano, a cookie consent management platform provided by Osano, Inc., 3800 North Lamar Blvd, Suite 200, Austin, TX 78756, USA. Osano enables you to easily declare your preferences about cookies and similar technologies on our Websites, by presenting a cookie banner when you first call up the Websites and making a storage preferences drawer available every time after that, so that you may adjust your preferences any time you wish to. Osano stores certain cookies in users\u2019 browsers and collects certain unique information e.g. users\u2019 IP addresses, in order to be able to clearly assign page views to individual users and to effectively track individual preferences.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Use of Fullstory<\/h3>\n\n\n\n<p>We use Fullstory, a behavioral data platform provided by Fullstory, Inc., 1745 Peachtree St NE Suite N, Atlanta, GA 30309, USA. Specifically, we use Fullstory to view and understand how users interact with new and existing content on our Websites by monitoring actions like mouse movements, clicks, scrolling and tapping. The feedback derived from Fullstory helps us to improve the design and delivery of our services, as well as to detect anomalous site behavior and fix site functionality issues that users face, thereby enabling us to provide better user experiences.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Use of Qualified<\/h3>\n\n\n\n<p>We use Qualified, a pipeline generation platform provided by Qualified.com, Inc., 140 New Montgomery, Suite 2100A, San Francisco, CA 94105, USA. Qualified offers a chatbot functionality which users can interact with when they visit our Websites. The chatbot carries out lead qualification tasks by evaluating the site activity such as pages views and clicks of users who interact with it, and then engaging the users through conversation, asking about their contact information and gathering essential information about their needs and interest level, with the aim of being able to pass them to sales representatives for further discussions. To do so, Qualified saves a user\u2019s IP address and sets cookies to identify which pages on our Websites attracted the user\u2019s interest. Wherever possible, Qualified enhances the information collected in a chat session by adding known further characteristics, such as the user\u2019s company name, sector or industry. Additionally, Qualified is integrated to our internal meetings software for the purpose of enabling users to directly schedule meetings with our sales representatives.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Use of PathFactory<\/h3>\n\n\n\n<p>We use PathFactory, an intelligent content creation and tracking tool provided by PathFactory Corp, 1775 I St. NW, Suite 1150, Washington DC, USA. PathFactory allows us to create and deliver personalized content to our Website users by analyzing what resonates with each individual and curating content playlists for the individual\u2019s consumption. The analysis is carried out by measuring user behavior such as views, clicks, downloads, content consumption patterns, clickstream data, engagement depth and conversion data. All the above allows Telesign to deliver a better user experience on its Websites, ultimately leading to more engaging and effective marketing of our services. PathFactory utilizes cookies and device data to gather the information necessary to provide its services.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Contact Us<\/h2>\n\n\n\n<p>If&nbsp;you wish to exercise any of your privacy rights, have any questions or comments about our Privacy Notice, our practices or our Services, or wish to lodge a concern or complaint, please contact us at:<\/p>\n\n\n\n<p><strong>Website:<\/strong>&nbsp;<a href=\"https:\/\/www.telesign.com\/privacy-requests\">Privacy Requests<\/a><\/p>\n\n\n\n<p><strong>Email:&nbsp;<\/strong><a href=\"mailto:privacyoffice@telesign.com\"><strong>\u200d<\/strong>PrivacyOffice@telesign.com<\/a><\/p>\n\n\n\n<p><strong>Toll-free number:&nbsp;<\/strong><a href=\"tel:+%E2%80%8D1-800-850-3485\"><strong>\u200d<\/strong>1 800 850 3485<\/a><\/p>\n\n\n\n<p><strong>Postal address:&nbsp;<\/strong>Telesign Corporation, 13274 Fiji Way Suite 500, Marina del Rey CA 90292, USA<\/p>\n\n\n\n<p>To communicate with our Data Protection Officer, please email&nbsp;<a href=\"mailto:dpo@telesign.com\">dpo@telesign.com<\/a>.<\/p>\n\n\n\n<p>To communicate with our Legal Team regarding law enforcement requests, please email&nbsp;<a href=\"mailto:legal@telesign.com\">legal@telesign.com<\/a>.<\/p>\n\n\n\n<p>We will respond to all requests, inquiries, or concerns promptly and in compliance with applicable law.<\/p>\n\n\n\n<p>You also have the right to lodge a complaint with a data protection authority in your country of residence.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">EEA, UK and Switzerland<\/h2>\n\n\n\n<p>The following section contains important information for those in the European Economic Area, the United Kingdom and Switzerland about how we protect your data when it is transferred to other countries and who you can contact with queries.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">International Data Transfers<\/h3>\n\n\n\n<p>Personal Data provided to Telesign may be transferred to and otherwise processed in the United States, the European Union, the United Kingdom, Serbia, China, Colombia, and Singapore. When we transfer your information internationally, we will take steps to ensure that appropriate safeguards are put in place, primarily the Standard Contractual Clauses approved by the European Commission for all transfers of personal data from the EU to third countries, and similar protections authorized by the authorities in the United Kingdom and Switzerland.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Data Privacy Framework<\/h3>\n\n\n\n<p>Telesign has certified its compliance with the EU-U.S. Data Privacy Framework, the UK extension to the EU-U.S. Data Privacy Framework, and the Swiss-US Data Privacy Framework as set forth by the US Department of Commerce with respect to Personal Data concerning individuals from the EEA, UK and Switzerland. Please see our&nbsp;<a href=\"https:\/\/www.telesign.com\/data-privacy-framework-notice\">Data Privacy Framework Notice<\/a>&nbsp;to learn more.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Representatives<\/h3>\n\n\n\n<p>In additional to using the details specified in the&nbsp;<a href=\"https:\/\/telesign.com\/privacy-notice#contact_us\"><u>Contact Us<\/u><\/a>&nbsp;section or via our&nbsp;<a href=\"https:\/\/www.telesign.com\/privacy-requests\">Privacy Requests<\/a>&nbsp;page, as Telesign is established in the United States, we have appointed the following representatives who you may contact to raise queries:<\/p>\n\n\n\n<p><strong>UK Representative:<\/strong><br>Pursuant to Article 27 of the UK GDPR, Telesign Corporation has appointed EDPO UK Ltd as its UK GDPR representative in the UK. You can contact EDPO UK regarding matters pertaining to the UK GDPR:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>\u2013 by using EDPO\u2019s online request form:\u00a0<a href=\"https:\/\/edpo.com\/uk-gdpr-data-request\/\">https:\/\/edpo.com\/uk-gdpr-data-request\/<\/a><\/li>\n\n\n\n<li>\u2013 by writing to EDPO UK at 8 Northumberland Avenue, London WC2N 5BY, United Kingdom<\/li>\n<\/ul>\n\n\n\n<p><strong>Swiss Representative:<\/strong><br>Pursuant to Article 14 of the FADP, Telesign Corporation has appointed EDPO Switzerland as its Representative in Switzerland. You can contact EDPO Switzerland regarding matters pertaining to the FADP:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>\u2013 by using EDPO Switzerland\u2019s online request form:\u00a0<a href=\"https:\/\/edpo.com\/swiss-data-request\/\">https:\/\/edpo.com\/swiss-data-request\/<\/a><\/li>\n\n\n\n<li>\u2013 by writing to EDPO Switzerland at Rue de Lausanne 37, 1201 Geneva, Switzerland<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\">United States, including California<\/h2>\n\n\n\n<p>This section applies only to Personal Data collected about individuals residing in the United States. Depending on the state in which you reside and the way in which you interact with us, you may be entitled to additional disclosures regarding the Personal Data we collect about you. You also may have certain rights regarding that Personal Data.<\/p>\n\n\n\n<p><strong>Notice at Collection of Personal Data<\/strong><\/p>\n\n\n\n<p>In our capacity as a business or controller under U.S. law, we currently collect and, in the 12 months prior to the date of this Privacy Notice, have collected the following categories of Personal Data:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Identifiers (name, postal address, online identifier, Internet Protocol address, email address, and date of birth)<\/li>\n\n\n\n<li>Unique personal identifiers (device identifier; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology; and username or account number)<\/li>\n\n\n\n<li>Personal information described in California\u2019s Customer Records statute (California Civil Code \u00a7 1798.80(e)) (telephone number as well as categories listed in above \u201cIdentifiers\u201d category)<\/li>\n\n\n\n<li>Commercial information (records of products or services purchased)<\/li>\n\n\n\n<li>Internet or other electronic network activity information (browsing history and information regarding consumer\u2019s interaction with website, application or advertisement)<\/li>\n\n\n\n<li>Geolocation data<\/li>\n\n\n\n<li>Sensitive personal information: The contents of a consumer\u2019s text messages (under limited circumstances such as if fraud is suspected)<\/li>\n<\/ul>\n\n\n\n<p>For the sources of Personal Data we collect, please see the \u201c<a href=\"https:\/\/www.telesign.com\/privacy-notice#how_do_we_collect_personal_data\">How Do We Collect Personal Data?<\/a>\u201d section above. For the business or commercial purposes for which we collect Personal Data, please see the \u201c<a href=\"https:\/\/www.telesign.com\/privacy-notice#why_do_we_process_personal_data\">Why Do We Process Personal Data?<\/a>\u201d section above. For an explanation of how long we retain Personal Data, please see the \u201c<a href=\"https:\/\/www.telesign.com\/privacy-notice#how_and_where_do_we_store_your_personal_data\">Data Retention<\/a>\u201d section above.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Sale, Sharing, and Disclosure of Personal Data<\/h3>\n\n\n\n<p>As described in our&nbsp;<a href=\"https:\/\/www.telesign.com\/cookies\">Cookie Notice<\/a>, we use certain cookies and tracking technologies on our Websites through which unique personal identifiers are transferred to third-party advertising and data analytics providers. The use of certain types of cookies may be considered a \u201csale,\u201d \u201cshare,\u201d or \u201ctargeted advertising\u201d under applicable state law. For example, the California Consumer Privacy Act defines \u201csale\u201d as the transfer of Personal Data for monetary or other valuable consideration and \u201cshare\u201d as the disclosure of Personal Data to a third-party for cross-contextual behavioral advertising.<\/p>\n\n\n\n<p>In addition, under California law, our Digital Identity (PhoneID) and Intelligence services&nbsp; constitute a \u201csale\u201d of Personal Data. As explained in the \u201c<a href=\"https:\/\/www.telesign.com\/privacy-notice#our_services\">Our Services<\/a>\u201d section above, Customers use these services to ensure that their users are not fraudulent. To do so, Customers provide us with limited Personal Data (e.g., telephone number) of the end user, which we receive in our capacity as a service provider. We use such Personal Data to collect additional information regarding the end user from third-party sources and to provide this additional information to our Customers so they can validate the end user. This limited transfer of Personal Data from us to our Customers constitutes a \u201csale\u201d under the CCPA. &nbsp;The Personal Data we transfer to our Customers include identifiers as well as information regarding the phone number such as subscriber status, porting history and status, number deactivation, and call forward detection. For more information, please see the \u201c<a href=\"https:\/\/www.telesign.com\/privacy-notice#our_services\">Our Services<\/a>\u201d section above.<\/p>\n\n\n\n<p>We do not knowingly collect, sell or share the Personal Data of consumers under 16 years of age. We do not collect or process sensitive Personal Data for the purpose of inferring characteristics about individuals and, consequently, do not collect sensitive Personal Data or use it for purposes other than those allowed by the CCPA and its regulations.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Your Privacy Rights<\/h3>\n\n\n\n<p>Please see \u201c<a href=\"https:\/\/www.telesign.com\/privacy-notice#what_are_your_privacy_rights_and_choices?\">What are Your Privacy Rights &amp; Choices?<\/a>\u201d for an explanation of your privacy rights, how you can exercise your privacy rights, and what you can expect from that process. In addition, below we list two privacy rights applicable to California residents.<\/p>\n\n\n\n<p><em>Right to Opt Out of Sale or Sharing of Personal Data<\/em><\/p>\n\n\n\n<p>If you are a California resident, you may have the right to direct us to stop selling or sharing your Personal Data. You may submit a request to opt out of sales or sharing through our interactive webform available by clicking on this link: \u201c<a href=\"https:\/\/www.telesign.com\/privacy-requests\">Do Not Sell or Share My Personal Information<\/a>\u201d. If you have enabled privacy controls on your browser (such as a plugin), we will also treat that as a valid request to opt out.<\/p>\n\n\n\n<p><em>Do Not Track<\/em><\/p>\n\n\n\n<p>Some internet browsers incorporate a \u201cDo Not Track\u201d feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the \u201cDo Not Track\u201d signal, our Websites do not currently interpret, respond to or alter their practices when they receive \u201cDo Not Track\u201d signals.<\/p>\n\n\n\n<p><em>Shine the Light Law<\/em><\/p>\n\n\n\n<p>We do not disclose Personal Data obtained through our Websites or Services to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code \u00a7 1798.83.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">China<\/h2>\n\n\n\n<p>This section contains important information for those in China, including legal grounds, special rights of deceased users\u2019 close relatives, and how we protect your data when it is transferred from Mainland China to other countries<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Legal grounds<\/h3>\n\n\n\n<p>If we process Personal Data within China, we will mainly rely on at least one of following legal grounds in accordance with the applicable law:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>Necessary for entering into or performance of a contract with you<\/li>\n\n\n\n<li>Necessary for compliance with legal obligations<\/li>\n\n\n\n<li>Necessary to respond to public health emergencies or protect your life, health and property safety in emergencies;<\/li>\n\n\n\n<li>Where the Personal Data has been publicly disclosed or legally disclosed to us, the processing is within a reasonable scope, and you have not objected to the processing of such Personal Data.<\/li>\n<\/ol>\n\n\n\n<h3 class=\"wp-block-heading\">The right of close relatives<\/h3>\n\n\n\n<p>Close relatives of a deceased user can exercise their rights to access, correct or delete the deceased user\u2019s Personal Data where the relative has a legal right or interest in making the request.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">International Data Transfers<\/h3>\n\n\n\n<p>Personal Data provided to Telesign may be transferred to us by our Customers in Mainland China to other countries or regions in which Telesign or its affiliates\/trusted third party service providers operate facilities. When your information is transferred internationally, we or our Customers will take measures to ensure that appropriate safeguards are put in place. These may include the security assessment organized by the Cyberspace Administration of China (\u201cCAC\u201d), the certification of Personal Data protection given in accordance with the requirements adopted by CAC, or the Standard Contractual Clauses provided by the CAC, with the aim of ensuring that your privacy rights continue to be protected as required by applicable law, and as outlined in this Privacy Notice.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Colombia<\/h2>\n\n\n\n<p>The following section contains important information for those in the Republic of Colombia including processing based on your consent and how to exercise your rights.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Processing of your Personal Data<\/h3>\n\n\n\n<p>Under Colombian data protection regulations, the primary legal basis for the processing of your Personal Data will be your prior consent. Telesign will process (e.g., collect, store, use, transfer, circulate or delete) your personal data for the purposes described in this Privacy Notice.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Procedures for data subjects to exercise their rights<\/h3>\n\n\n\n<p>Under Colombian data protection regulations, you have the right to access (free of charge), consult, rectify and update your Personal Data, request for the deletion of your Personal Data, file complaints with the supervisory authority, revoke your consent, as well as be informed about the use of your Personal Data.<\/p>\n\n\n\n<p>In order to file a formal complaint before Telesign, you may send an email to&nbsp;<a href=\"mailto:privacyoffice@telesign.com\">privacyoffice@telesign.com<\/a>, which will be answered within 15 business days from the date of receipt.<\/p>\n\n\n\n<p>In order to consult your Personal Data, you are entitled to make inquiries to Telesign by sending an email to&nbsp;<a href=\"mailto:privacyoffice@telesign.com\">PrivacyOffice@telesign.com<\/a>&nbsp;which will be answered within 10 business days from the date of receipt.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><\/h2>\n\n\n\n<h2 class=\"wp-block-heading\"><\/h2>\n","protected":false},"excerpt":{"rendered":"<p>Scope of the Privacy Notice Telesign is committed to protecting your privacy and keeping your personally identifiable information or personal data&nbsp;(\u201cPersonal Data\u201d)&nbsp;secure. 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Void where prohibited and restricted by law. Employees, officers, and directors of Telesign (hereafter \u201cSponsor\u201d) and each of their respective parents, subsidiaries, affiliates, divisions, advertising and promotion and\/or fulfillment agencies (such entities collectively, the \u201cRelated Entities\u201d) and the immediate families (spouse and parents, step parents, children, step children, siblings, grandparents and their respective spouses, regardless of where they reside) and\/or those living in the same household of any such individual, whether or not related, are not eligible to enter or win. Participation constitutes participant\u2019s full and unconditional agreement to be bound by these Official Giveaway Rules and Sponsor\u2019s decisions and interpretations of these Official Giveaway Rules, which are final and binding in all matters related to the Giveaway. Receiving a gift is contingent upon accepting all terms and fulfilling all requirements set forth herein.\u200d&nbsp;<\/p>\n\n\n\n<p>GIVEAWAY IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. DRAWING PERIOD: The Giveaway begins on 27\/10\/2024 at 2:00:00 PM Local time and ends on 30\/10\/2024 at 12:00:00 PM Local time (the \u201cGiveaway Period\u201d).&nbsp;<\/p>\n\n\n\n<p><strong>HOW TO ENTER:\u202f<\/strong>Participants can participate in the Giveaway during the Giveaway Period, as follows:&nbsp;<\/p>\n\n\n\n<p>By attending a meeting in our booth or at Mercato during Money20\/20\u2013 27-30 October 2024.&nbsp;<\/p>\n\n\n\n<p>Limited one (1) Entry per person, regardless of whether a person has multiple email addresses during the Promotion Period. Use of automated entry mechanisms or similar devices to participate or subvert the entry process is prohibited and all entries submitted using any such devices are void. Incomplete, lost, unreadable, inaccurate, invalid, damaged, destroyed, delayed, misdirected, not received, unintelligible or late Entries or any Entries which otherwise do not comply with these Official Giveaway Rules will be disqualified. Your Entry constitutes your consent to participate in this Giveaway and your consent for Sponsor to obtain and deliver your name, address and other personal information provided by you to Sponsor for the purpose of administering this Giveaway and for other uses by Sponsor as permitted by these Official Giveaway Rules and by applicable law. Entries are the property of the Sponsor and will not be acknowledged or returned. By submitting an Entry, each participant agrees to abide by the terms of these Official Giveaway Rules and the Telesign Corporation Privacy Notice. \u200d&nbsp;<\/p>\n\n\n\n<p><strong>GIFT AND ITS APPROXIMATE RETAIL VALUE (\u201cARV\u201d):\u202f<\/strong>One $10.00 Starbucks gift card. Any and all guarantees and warranties for gift are subject to the manufacturer\u2019s and\/or service providers terms and conditions, and recipients agree to look solely to such manufacturers and\/or service providers for any warranty or guarantee claim. All federal, state and local taxes and other costs and expenses associated with the acceptance and use of the gift not expressly stated herein are the responsibility of the recipient. Gift is non-transferable and no substitutions or cash equivalent is allowed except in Sponsor\u2019s sole discretion. The ARV of the gift set forth above represents Sponsor\u2019s good faith determination of the retail value thereof, and the actual fair market value, as ultimately determined by Sponsor, is final and cannot be challenged or appealed. In the event the stated ARV of a gift is more than the actual fair market value of such gift, the difference will not be awarded in cash or otherwise. The specifics of all elements of the Gift stated herein shall be solely determined by Sponsor. Gift may not be substituted except that Sponsor may substitute a gift, or portion thereof, with a gift of comparable or greater value in Sponsor\u2019s sole and absolute discretion. Gift is awarded and provided \u201cas is\u201d with no warranty or guarantee either express or implied by Sponsor. \u200d&nbsp;<\/p>\n\n\n\n<p><strong>WAIVER OF LIABILITY AND RELEASE:<\/strong>\u202fBy participating in the Giveaway, each participant waives, discharges and fully releases Sponsor, the Related Entities, and any other companies associated with the Giveaway, and all of their respective officers, directors, employees, agents and representatives, from any and all liability, injury, damage or loss that may occur, directly or indirectly, in whole or in part, from or in connection with participation in the Giveaway or from the receipt or use of any gift or from any activity related to the receipt or use of any gift. By receipt of a gift, each recipient agrees to release and hold harmless the Sponsor and the Related Entities from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Giveaway or receipt or use or misuse of such gift.\u200d&nbsp;<\/p>\n\n\n\n<p><strong>LIMITATIONS OF LIABILITY:<\/strong>\u202fSponsor is not responsible for stolen, late, incomplete, inaccurate, misdirected, lost, damaged, or garbled Entries, messages or e-mail; for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), application, or other connections; availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines; or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or problems of any kind whether human, mechanical, electronic, network, computer, typographical, printing or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the announcement of gift, functionality of the application or in any Giveaway-related materials. The Sponsor is also not responsible for any incorrect or inaccurate information, whether caused by participant, tampering, hacking, or by any applications, equipment or programming associated with or utilized in the Giveaway. The Sponsor is not responsible for injury or damage to participant\u2019s or to any other person\u2019s mobile device related to or resulting from participating in this Giveaway or downloading materials from or use of any application. Persons who tamper with or abuse any aspect of the Giveaway or any application or attempt to undermine the legitimate operation of the Giveaway by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other participant or any representative of Sponsor and\/or the Related Entities, or who are in violation of these Official Giveaway Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Any attempt to deliberately damage the content or operation of this Giveaway is unlawful and subject to legal action by the Sponsor, and their respective agents. Sponsor\u2019s failure to enforce any term of these Official Giveaway Rules shall not constitute a waiver of that provision. Sponsor shall have the sole right to disqualify any participant for violation of these Official Giveaway Rules or any applicable laws relating to the Giveaway and to resolve all disputes in its sole discretion. \u200d&nbsp;<\/p>\n\n\n\n<p><strong>GENERAL CONDITIONS:<\/strong>\u202fSponsor reserves the right, in its sole discretion, to cancel, suspend and\/or modify the Giveaway. \u200d&nbsp;<\/p>\n\n\n\n<p><strong>DISPUTES<\/strong>: By participating in the Giveaway, each participant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Giveaway, or any gift awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Giveaway, and in no event will participant be entitled to receive attorneys\u2019 fees or other legal costs; and (c) under no circumstances will any participant be permitted to obtain any award for, and participant hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Giveaway Rules, or the rights and obligations of the participants and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction. ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS DRAWING, OR ANY GIFT AWARDED, SHALL BE RESOLVED INDIVIDUALLY \u2014 WITHOUT RESORT TO ANY FORM OF CLASS ACTION \u2014 BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION; AND ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS\u2019 FEES. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.\u200d&nbsp;<\/p>\n\n\n\n<p><strong>USE OF INFORMATION:<\/strong>\u202fBy participating in the Giveaway, participants grant to Sponsor and its promotional partners the right to send information about offers in the future to the email address submitted at the time of entry. Participants can opt out of such emails at any time by following the unsubscribe instructions in the emails, or by emailing\u202fprivacyoffice@Telesign.com. The information that you provide in connection with the Giveaway is subject to and will be used by Sponsor in accordance with its Privacy Notice which is found at https:\/\/www.Telesign.com\/privacy-notice and which may be updated from time to time without notice.&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>SPONSOR:\u202fTelesign Corporation, 13274 Fiji Way Suite 500, Marina del Rey, CA 90292 (hereafter, \u201cSponsor\u201d).\u202fNO PURCHASE NECESSARY.&nbsp; ELIGIBILITY: The \u201cTelesign Giveaway\u201d (the \u201cGiveaway\u201d) is open to persons who are legal residents of the UK, Germany, Austria, Switzerland, Denmark, Finland, Iceland, Norway, Sweden, France, Belgium, Italy Latvia, Estonia, the Netherlands, Serbia or Spain and who are at<\/p>\n","protected":false},"author":4,"featured_media":2430,"template":"","categories":[],"tags":[],"class_list":["post-20036","legal","type-legal","status-publish","has-post-thumbnail","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.2 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Money20\/20 Terms and Conditions 2024 - Telesign<\/title>\n<meta name=\"robots\" content=\"noindex, follow\" \/>\n<meta property=\"og:locale\" content=\"es_ES\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Money20\/20 Terms and Conditions 2024 - Telesign\" \/>\n<meta property=\"og:description\" content=\"SPONSOR:\u202fTelesign Corporation, 13274 Fiji Way Suite 500, Marina del Rey, CA 90292 (hereafter, \u201cSponsor\u201d).\u202fNO PURCHASE NECESSARY.&nbsp; 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Identity Verification APIs | Telesign","publisher":{"@id":"https:\/\/www.telesign.com\/es#organization"},"potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.telesign.com\/es?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"es"},{"@type":"Organization","@id":"https:\/\/www.telesign.com\/es#organization","name":"Telesign","url":"https:\/\/www.telesign.com\/es","logo":{"@type":"ImageObject","inLanguage":"es","@id":"https:\/\/www.telesign.com\/es#\/schema\/logo\/image\/","url":"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/01\/62f4589601f1ea9dda43d66d_telesign-logo-generic.webp","contentUrl":"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/01\/62f4589601f1ea9dda43d66d_telesign-logo-generic.webp","width":1200,"height":630,"caption":"Telesign"},"image":{"@id":"https:\/\/www.telesign.com\/es#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/TelesignCorp\/?utm_source=telesign.com"]}]}},"_links":{"self":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/legal\/20036","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/legal"}],"about":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/types\/legal"}],"author":[{"embeddable":true,"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/users\/4"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/media\/2430"}],"wp:attachment":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/media?parent=20036"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/categories?post=20036"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/tags?post=20036"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}},{"id":17418,"date":"2024-04-23T15:41:51","date_gmt":"2024-04-23T15:41:51","guid":{"rendered":"https:\/\/www.telesign.com\/legal\/telesigns-services-06-19"},"modified":"2024-04-23T15:41:51","modified_gmt":"2024-04-23T15:41:51","slug":"telesigns-services-06-19","status":"publish","type":"legal","link":"https:\/\/www.telesign.com\/es\/legal\/telesigns-services-06-19","title":{"rendered":"Telesign\u2019s services 06-19"},"content":{"rendered":"<p>\u200d<strong>June 2019<\/strong><\/p>\n<p>This list of Services forms part of TeleSign\u2019s <a href=\"https:\/\/www.telesign.com\/telesign-terms-of-service\">Terms of Service<\/a> (or if your company has a separate agreement with TeleSign for the provision of services from TeleSign to you, part of that separate agreement (in either case, the \u201c<strong>Agreement<\/strong>\u201d). &nbsp;Any capitalized terms herein shall have the meaning set out in the Agreement.<\/p>\n<p>\u201c<strong>Dedicated Caller ID<\/strong>\u201d refers to a phone number, dedicated to a customer and used as the originating address from which the call is initiated or delivered.<\/p>\n<p>\u201c<strong>Dedicated Sender ID<\/strong>\u201d refers to a phone number, dedicated to a customer and used as the originating address from which an SMS is delivered.<\/p>\n<p>\u201c<strong>SMS 2-Way Inbound<\/strong>\u201d or \u201c<strong>Inbound SMS<\/strong>\u201d or \u201c<strong>Inbound Messaging<\/strong>\u201d means SMS that is sent by a User to TeleSign, and from TeleSign to Client.<\/p>\n<p>\u201c<strong>Long Code<\/strong>\u201d or \u201c<strong>Long Number<\/strong>\u201d refers to a standard local phone number, used as the originating address from which an SMS is initiated or delivered.<\/p>\n<p>\u201c<strong>Outbound SMS<\/strong>\u201d means SMS provided by Client to TeleSign, and sent by TeleSign to a User.<\/p>\n<p><strong>\u201cPhoneID Device Info\u201d<\/strong> means that aspect of TeleSign\u2019s Services that provide end user device information.<\/p>\n<p>\u201c<strong>PhoneID Contact<\/strong>\u201d means that aspect of TeleSign\u2019s Services that determines characteristics about a phone number, including the name and\/or address associated with that phone number. PhoneID Contact will also return the type of phone, geographic and carrier information associated with that phone number, and other data points that may be used to determine the fraud risk of a transaction.<\/p>\n<p>\u201c<strong>PhoneID Contact Plus<\/strong>\u201d means that aspect of TeleSign\u2019s Services that determines characteristics about a phone number, including the name and\/or address, associated with that phone number. PhoneID Contact Plus will also return the type of phone, geographic and carrier information associated with that phone number, and other data points that may be used to determine the fraud risk of a transaction.<\/p>\n<p>\u201c<strong>PhoneID Contact Match\u201d<\/strong> means that aspect of TeleSign\u2019s Services that receive a contact match score to validate an end-user\u2019s first\/last name and address against carrier subscriber contact data.<\/p>\n<p><strong>\u201cPhoneID Current Location\u201d <\/strong>means that aspect of TeleSign\u2019s Services which provide end user current proximity location information.<\/p>\n<p>\u201c<strong>PhoneID Live<\/strong>\u201d means that aspect of TeleSign\u2019s Services that returns characteristics about a phone number, including whether the phone number is currently active and\/or reachable, as well as the type of phone, geographic and carrier information associated with that phone number, and other data points that may be used to determine the potential fraud risk associated with a specific phone number.<\/p>\n<p>\u201c<strong>PhoneID Number Deactivation<\/strong>\u201d means that aspect of TeleSign\u2019s Services which uses intelligence on when a phone number has been truly deactivated, based on mobile carriers\u2019 phone number data and our proprietary analysis, to deliver a date and time stamp, in the event a trust anchor has been broken. PhoneID Number Deactivation can be offered in \u201cPush\u201d format, a subscription based service, or \u201cPull\u201d format, an on-demand API.<\/p>\n<p>\u201c<strong>Phone Numbers<\/strong>\u201d refers to the leasing of phone numbers assigned to the Client to be used via the TeleSign API in order for the Client to be able to deliver and\/or receive SMS messages or voice calls from dedicated virtual numbers. Phone Numbers includes Dedicated Sender IDs and Dedicated Caller IDs.<\/p>\n<p>\u201c<strong>PhoneID Porting History<\/strong>\u201d means that aspect of TeleSign\u2019s Services which provide end user phone number and receive the number\u2019s last porting timestamp.<\/p>\n<p>\u201c<strong>PhoneID Porting Status<\/strong>\u201d means that aspect of TeleSign\u2019s Services which provide end user phone number and receive the number\u2019s current porting status.<\/p>\n<p>\u201c<strong>PhoneID Standard<\/strong>\u201d means that aspect of TeleSign\u2019s Services that determines characteristics about a phone number, including the type of phone that a User is using and, geographic and carrier information associated with that phone number, and other data points that may be used to determine the fraud risk of a transaction.<\/p>\n<p><strong>\u201cPhoneID Subscriber Status\u201d<\/strong> means that aspect of TeleSign\u2019s Services that provide end user phone carrier subscriber status.<\/p>\n<p>\u201c<strong>Score<\/strong>\u201d means that aspect of TeleSign\u2019s Services that determines characteristics about a phone number, including providing a real-time reputation score and assessment based on proven predictive data and other data points that may be used to determine the fraud risk of a transaction.<\/p>\n<p>\u201c<strong>Short Code<\/strong>\u201d refers to a short phone number, typically 3-6 digits used as the originating address from which an SMS is initiated or delivered.<\/p>\n<p>\u201c<strong>Smart Verify<\/strong>\u201d is a single application and programming interface (\u201cAPI\u201d) that combines multiple User verification and two-factor authentication Services into a unified API. Smart Verify utilizes a proprietary Smart Decision Engine, which is a configurable workflow that determines the risk profile and optimal User verification method including detailed steps for real-time fraud detection, reputation scoring and optimized routing of the verification and authentication process through PhoneID Standard, Score, SMS Verify and Voice Verify.<\/p>\n<p>\u201c<strong>SMS<\/strong>\u201d means a short text message sent to and from telephones whose text comprises words or numbers or an alphanumeric combination up to one hundred and sixty (160) characters or up to seventy (70) characters if containing one or more Unicode characters.<\/p>\n<p>\u201c<strong>SMS Service<\/strong>\u201d is a service of sending and\/or receiving SMS or other messages globally containing personalized or specialized content or other information, directly to or from mobile devices, and including the Inbound SMS feature as described on the Client Portal, in the Client Order or otherwise described by TeleSign.<\/p>\n<p>\u201c<strong>SMS Verify<\/strong>\u201d is a service of sending and\/or receiving SMS globally for the purpose of conducting real-time SMS verification, with each automated outbound SMS containing a unique PIN number that the User must enter online to verify or authenticate the User, and including the Inbound SMS feature as described on the Client Portal, the Client Order or otherwise described by TeleSign.<\/p>\n<p>\u201c<strong>Voice API<\/strong>\u201d is TeleSign\u2019s API that enables Client to build communications and account security voice-based messaging into web and mobile applications.<\/p>\n<p>\u201c<strong>Voice Verify<\/strong>\u201d means TeleSign\u2019s automated call to a User for the purpose of conducting real-time telephone verification, with each automated call containing a unique PIN number that the User must enter online to verify or authenticate the User. The Voice Verify Service includes a Text-to-Speech (\u201cTTS\u201d) feature which provides TTS capability in automated messaging in more than 25 different languages and dialects when delivering voice-based passcodes. The Voice Verify Fees applies to a maximum call duration of Thirty (30) seconds if charged per Transaction, The Voice Verify Service can also include the Call Forwarding Detection (CFD) functionality which determines in real-time if a phone number is diverting phone calls to an alternate phone number.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u200dJune 2019 This list of Services forms part of TeleSign\u2019s Terms of Service (or if your company has a separate agreement with TeleSign for the provision of services from TeleSign to you, part of that separate agreement (in either case, the \u201cAgreement\u201d). &nbsp;Any capitalized terms herein shall have the meaning set out in the Agreement.<\/p>\n","protected":false},"author":4,"featured_media":0,"template":"","categories":[],"tags":[],"class_list":["post-17418","legal","type-legal","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.2 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Telesign\u2019s services 06-19 - Telesign<\/title>\n<meta name=\"robots\" content=\"noindex, follow\" \/>\n<meta property=\"og:locale\" content=\"es_ES\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Telesign\u2019s services 06-19 - Telesign\" \/>\n<meta property=\"og:description\" content=\"\u200dJune 2019 This list of Services forms part of TeleSign\u2019s Terms of Service (or if your company has a separate agreement with TeleSign for the provision of services from TeleSign to you, part of that separate agreement (in either case, the \u201cAgreement\u201d). &nbsp;Any capitalized terms herein shall have the meaning set out in the Agreement.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.telesign.com\/es\/legal\/telesigns-services-06-19\" \/>\n<meta property=\"og:site_name\" content=\"Telesign\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/TelesignCorp\/?utm_source=telesign.com\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data1\" content=\"5 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.telesign.com\/es\/legal\/telesigns-services-06-19\",\"url\":\"https:\/\/www.telesign.com\/es\/legal\/telesigns-services-06-19\",\"name\":\"Telesign\u2019s services 06-19 - Telesign\",\"isPartOf\":{\"@id\":\"https:\/\/www.telesign.com\/es#website\"},\"datePublished\":\"2024-04-23T15:41:51+00:00\",\"breadcrumb\":{\"@id\":\"https:\/\/www.telesign.com\/es\/legal\/telesigns-services-06-19#breadcrumb\"},\"inLanguage\":\"es\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.telesign.com\/es\/legal\/telesigns-services-06-19\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/www.telesign.com\/es\/legal\/telesigns-services-06-19#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.telesign.com\/es\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Telesign\u2019s services 06-19\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.telesign.com\/es#website\",\"url\":\"https:\/\/www.telesign.com\/es\",\"name\":\"Telesign\",\"description\":\"Phone Number, SMS &amp; 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Identity Verification APIs | Telesign","publisher":{"@id":"https:\/\/www.telesign.com\/es#organization"},"potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.telesign.com\/es?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"es"},{"@type":"Organization","@id":"https:\/\/www.telesign.com\/es#organization","name":"Telesign","url":"https:\/\/www.telesign.com\/es","logo":{"@type":"ImageObject","inLanguage":"es","@id":"https:\/\/www.telesign.com\/es#\/schema\/logo\/image\/","url":"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/01\/62f4589601f1ea9dda43d66d_telesign-logo-generic.webp","contentUrl":"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/01\/62f4589601f1ea9dda43d66d_telesign-logo-generic.webp","width":1200,"height":630,"caption":"Telesign"},"image":{"@id":"https:\/\/www.telesign.com\/es#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/TelesignCorp\/?utm_source=telesign.com"]}]}},"_links":{"self":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/legal\/17418","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/legal"}],"about":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/types\/legal"}],"author":[{"embeddable":true,"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/users\/4"}],"wp:attachment":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/media?parent=17418"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/categories?post=17418"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/tags?post=17418"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}},{"id":17417,"date":"2024-04-23T15:41:50","date_gmt":"2024-04-23T15:41:50","guid":{"rendered":"https:\/\/www.telesign.com\/legal\/telesign-terms-of-service-5-23-18"},"modified":"2024-04-23T15:41:50","modified_gmt":"2024-04-23T15:41:50","slug":"telesign-terms-of-service-5-23-18","status":"publish","type":"legal","link":"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-5-23-18","title":{"rendered":"Telesign terms of service 5-23-18"},"content":{"rendered":"<p id=\"\">\u200d<strong id=\"\">May 23, 2018<\/p>\n<p><\/strong><a href=\"\/legal\/telesign-terms-of-service-04-17\"><\/a><\/p>\n<p id=\"\"><strong id=\"\">Changes from previous version:<\/strong><\/p>\n<p id=\"\">Terms added relating to Privacy Provisions and DPA.<\/p>\n<p id=\"\">\u200d<\/p>\n<p id=\"\">This Agreement is executed as of the Effective Date defined below, and is between <strong id=\"\">TeleSign <\/strong>and <strong id=\"\">Client<\/strong>, as those terms are defined below (each a \u201c<strong id=\"\">Party<\/strong>\u201d, and collectively, the \u201c<strong id=\"\">Parties<\/strong>\u201d).<\/p>\n<p id=\"\"><strong id=\"\">PLEASE REVIEW THIS AGREEMENT CAREFULLY. ONCE YOU CLICK \u201cGET STARTED\u201d, THIS AGREEMENT BECOMES A BINDING LEGAL COMMITMENT BETWEEN YOU, THE CLIENT AND TELESIGN. IF YOU DO NOT WANT THE CLIENT TO BE BOUND BY THIS AGREEMENT, DO NOT CLICK THE \u201cGET STARTED\u201d BUTTON AND DO NOT USE TELESIGN\u2019S SERVICES.<\/strong><\/p>\n<p id=\"\"><strong id=\"\">PLEASE NOTE \u2013 TELESIGN DOES NOT PROVIDE WARRANTIES IN RESPECT OF THE SERVICES, THIS AGREEMENT LIMITS TELESIGN\u2019S LIABILITY, AND TELESIGN HAS THE RIGHT TO AMEND BOTH THESE TERMS OF SERVICE AND THE FEES WE CHARGE FOR THE SERVICES. &nbsp;PLEASE REVIEW SECTIONS 5.2, 9 &amp; 10.4 VERY CAREFULLY.<\/strong><\/p>\n<p id=\"\"><strong id=\"\"> <\/strong><\/p>\n<p id=\"\">In consideration of the mutual promises, agreements and conditions stated herein, the Parties agree as follows:<\/p>\n<ol id=\"\">\n<li id=\"\"><strong id=\"\">Definitions<\/strong><\/li>\n<\/ol>\n<p id=\"\">Unless the context requires otherwise, the following terms shall have the meaning set out in this section 1 when used in this Agreement:<\/p>\n<p id=\"\">\u201c<strong id=\"\">Acceptable Use Policy<\/strong>\u201d or \u201c<strong id=\"\">AUP<\/strong>\u201d means the Client\u2019s and Users\u2019 obligations regarding use of the Services and Licensed Data as set out in <a href=\"\/acceptable-use-policy\" id=\"\">https:\/\/www.telesign.com\/acceptable-use-policy<\/a>, as may be updated by TeleSign from time to time at its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Additional Feature<\/strong>\u201d means any product feature which is not defined within the description of the Services, but which is introduced or made available to Client by TeleSign (including but not limited to the URL shortener and SMS Retriever features), regardless of whether TeleSign charges for such feature.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Affiliate<\/strong>\u201d means a company, person or entity that is owned or controlled by, that owns or controls or is under common ownership or control with a Party. &nbsp;Ownership shall mean direct or indirect ownership of more than 50% of the shares in a company or entity, and control shall mean any power to appoint persons to the board of directors of a company or entity.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Agreement<\/strong>\u201d means the terms and conditions set out in these Terms of Service, as such terms may be amended by TeleSign from time to time as described herein, including TeleSign\u2019s AUP, DPA, Privacy Policy, and any schedules, annexes, policies and service descriptions linked hereto.<\/p>\n<p id=\"\">\u201c<strong id=\"\">API<\/strong>\u201d means application programming interface made available to Client by TeleSign that allows Client to create applications to make use of the Services.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Applicable Law<\/strong>\u201d means any statute, statutory instrument, regulation, order and other legislative provision, including any delegated or subordinate legislation, and any judgment of a relevant court of law or decision of a tribunal or competent authority, to the extent any of the foregoing applies to a Party\u2019s performance of obligations under this Agreement in the relevant jurisdiction.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Carrier<\/strong>\u201d means any telecommunications service provider that may provide services used in the delivery of the Services, including SMS and voice interconnect and transit providers, data center operators, and fixed and mobile operators.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Client<\/strong>\u201d, \u201c<strong id=\"\">you<\/strong>\u201d or \u201c<strong id=\"\">your<\/strong>\u201d means the company entered into the Company Name field on the account application page of TeleSign\u2019s website when signing up to use the Services, as well as the person that completes the account application (where applicable).<\/p>\n<p id=\"\">\u201c<strong id=\"\">Client Data<\/strong>\u201d means any information transmitted by or on behalf of Client or a Client Affiliate during the execution of an electronic request to the Services.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Client Portal<\/strong>\u201d means a web portal maintained by TeleSign for TeleSign\u2019s customers where they can securely login using their credentials to access information regarding their TeleSign account such as their billing and recent account activity, and includes any other delivery mechanism for the Services provided by TeleSign, including but not limited to any SDK or API.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Content Standards<\/strong>\u201d means the content standards set out in section 1 of the Acceptable Use Policy.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Data Processing Addendum<\/strong>\u201d or \u201c<strong id=\"\">DPA<\/strong>\u201d means the addendum located at &nbsp;<a href=\"https:\/\/ts.telesign.com\/hubfs\/Legal\/TeleSign-DPA-100219.pdf\" id=\"\">https:\/\/www.telesign.com\/DPA<\/a> in effect upon the Effective Date of this Agreement, and as may be updated by TeleSign from time to time in its discretion provided any such updates do not result in the material degradation of the original privacy and security protections as may be required by Applicable Law.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Effective Date<\/strong>\u201d means the date that you accept these Terms of Service by clicking \u201cGet Started\u201d on the account application page (or other mechanism provided), subject to successful completion of identity verification and any other checks carried out by TeleSign in its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Fees<\/strong>\u201d means the fees and charges payable to TeleSign pursuant to this Agreement for the Services, as listed in applicable Price Plans.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Free Trial<\/strong>\u201d means Client\u2019s use of the Services for the period of time, number of transactions, amount of credit, or other limitation stated by TeleSign, commencing on the Effective Date.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Inappropriate Content<\/strong>\u201d means any content which (a) is unsolicited, including without limitation, unauthorized \u201cbulk\u201d or \u201cspam\u201d messages; &nbsp;(b) contains or introduces \u201cviruses\u201d, \u201cworms\u201d, \u201cTrojan Horses\u201d, \u201ce-mail bombs\u201d, \u201ccancel bots\u201d or other similar computer programming routines; (c) is in any way in breach of Applicable Law or otherwise unlawful; (d) infringes the intellectual property or privacy or other rights of any person, including without limitation the Intellectual Property Rights of TeleSign; (e) violates the Content Standards; (f) is misleading or deceptive; (g) is offensive to public morals, decency or sensibilities; or (h) executes, initiates or causes \u201dphishing\u201d or social engineering activities.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Intellectual Property Rights<\/strong>\u201d means all trade secrets, patents and patent applications, trademarks, services marks, trade names, internet domain names, copyrights (including copyrights in computer software), moral rights, rights in knowhow and any renewals or extensions of the foregoing, and all other proprietary rights, and all other equivalent or similar rights which may subsist anywhere in the world, including any renewals or extensions thereof. &nbsp;<strong id=\"\"> <\/strong><\/p>\n<p id=\"\">\u201c<strong id=\"\">Licensed Data<\/strong>\u201d means the results returned to Client by or on behalf of TeleSign in response to Client submitting Client Data as part of the Services.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Personal Information<\/strong>\u201d means any information about an identified individual, or an individual whose identity may be inferred or determined from the information.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Price Plan<\/strong>\u201d means the schedule of Fees for a particular Service located at https:\/\/www.telesign.com\/pricing\/sms-and-voice, which may be updated from time to time by TeleSign at its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Privacy Policy<\/strong>\u201d means TeleSign\u2019s privacy policy located at <a href=\"\/privacy-notice\" id=\"\">https:\/\/www.telesign.com\/privacy-notice<\/a>, as may be updated by TeleSign from time to time at its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Proprietary Marks<\/strong>\u201d has the meaning given in section 2.4.<\/p>\n<p id=\"\">\u201c<strong id=\"\">SDK<\/strong>\u201d means a software development kit made available to Client by TeleSign to enable Client to develop applications to make use of the Services.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Services<\/strong>\u201d means all products offered by TeleSign, now or in the future, as described at <a href=\"\/services\" id=\"\">https:\/\/www.telesign.com\/services<\/a> or otherwise provided by TeleSign, and including any services delivered or accessed via an SDK or the Client Portal (including but not limited to outbound and inbound SMS messages and telephone calls to and from Users).<\/p>\n<p id=\"\">\u201c<strong id=\"\">SPAM Policy<\/strong>\u201d means the SPAM policy set out in section 2 of the Acceptable Use Policy.<\/p>\n<p id=\"\">\u201c<strong id=\"\">TeleSign<\/strong>\u201d, \u201c<strong id=\"\">we<\/strong>\u201d or \u201c<strong id=\"\">us<\/strong>\u201d means TeleSign Corporation, a California corporation located at 13274 Fiji Way Suite 500, Marina del Rey, CA &nbsp;90292, and its Affiliates.<\/p>\n<p id=\"\"><strong id=\"\">Transaction<\/strong>\u201d means each submission of Client Data to the Services by or on behalf of Client or a Client Affiliate or any User, including but not limited to any submission of voice or SMS content, or any other request to the Client Portal for any Service. &nbsp;Any submission of SMS content that requires splitting into more than one message shall be treated as a separate Transaction for each SMS sent or received by TeleSign. &nbsp;Any submission of Voice content will be charged on a per minute basis. For any Services for which Fees are charged upon verification, the Transaction shall be deemed complete when a response confirming verification or failure to verify has been received by TeleSign from the relevant SDK or other delivery mechanism.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Term<\/strong>\u201d means the term of this Agreement, as defined in section 2.1 of the Agreement.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Upgrade<\/strong>\u201d means the process of upgrading the Client\u2019s account from the Free Trial into a fully functional account by entering valid payment details in the Client Portal.<\/p>\n<p id=\"\">\u201c<strong id=\"\">User<\/strong>\u201d means any customer, client or other user of Client\u2019s services in respect of whom Client Data is submitted.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Website Terms &amp; Conditions<\/strong>\u201d means the terms and conditions governing use of TeleSign\u2019s website located at <a href=\"\/terms-conditions\" id=\"\">https:\/\/www.telesign.com\/terms-conditions<\/a>, as may be updated by TeleSign from time to time at its discretion<\/p>\n<ol start=\"2\" id=\"\">\n<li id=\"\"><strong id=\"\">Scope of Services &amp; Agreement<\/strong><\/li>\n<\/ol>\n<p id=\"\">2.1 &nbsp; &nbsp; &nbsp;Term. &nbsp;The Agreement shall commence on the Effective Date and continue until terminated by either Party in accordance with this Agreement (the \u201c<strong id=\"\">Term<\/strong>\u201d).<\/p>\n<p id=\"\">2.2 &nbsp; &nbsp; &nbsp;Services<strong id=\"\">. &nbsp;<\/strong>Subject to the terms and conditions of this Agreement, and effective upon the Effective Date, TeleSign shall make the Services available to the Client during the Term. &nbsp;Such Services will be provided via TeleSign\u2019s API, SDK or the Client Portal.<\/p>\n<p id=\"\">2.3 &nbsp; &nbsp; &nbsp;Service Levels.<strong id=\"\"> &nbsp;<\/strong>The Services will materially comply with the Service definitions set out in this Agreement and any associated documentation, provided that the Services may be affected in the following circumstances:<\/p>\n<p id=\"\">(a) &nbsp; &nbsp; &nbsp; TeleSign may temporarily suspend or discontinue the Services, with advance notice if practicable, at any time if:<\/p>\n<p id=\"\">(i) &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; TeleSign has reasonable cause to suspect that the Services are being used to transmit Inappropriate Content or to commit fraud;<\/p>\n<p id=\"\">(ii) &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;TeleSign reasonably believes such action is necessary to avoid an imminent material threat of harm to TeleSign, its Affiliates, Clients, Users, or any third party; or<\/p>\n<p id=\"\">(iii) &nbsp; &nbsp; &nbsp; &nbsp; the Client Portal or Services require maintenance or repair; and<\/p>\n<p id=\"\">(b) &nbsp; &nbsp; &nbsp; TeleSign may, upon written notice (including via email), suspend provision of the Services if:<\/p>\n<p id=\"\">(i) &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; any Fees are due and unpaid;<\/p>\n<p id=\"\">(ii) &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;Client or any Users fail to comply with the Acceptable Use Policy; or<\/p>\n<p id=\"\">(iii) &nbsp; &nbsp; &nbsp; &nbsp; any agreement between TeleSign and a Carrier on which the Services are reliant is suspended or terminated.<\/p>\n<p id=\"\">2.4 &nbsp; &nbsp; &nbsp;Intellectual Property Rights. &nbsp;Except as specifically set forth herein, TeleSign retains all right, title, and interest, including all Intellectual Property Rights, relating to or embodied in the Services, including without limitation all technology, hardware, software, systems and copies of the foregoing relating to the Services, including without limitation any upgrades, updates, or modifications thereof or otherwise. &nbsp;Such Intellectual Property Rights are licensed, not sold, solely for use by Client under the terms of this Agreement. &nbsp; All graphics, logos, service marks, and trade names, including company names, third party names, product names, and brand names relating to products or services of each Party (collectively and respectively, each Party\u2019s \u201c<strong id=\"\">Proprietary Marks<\/strong>\u201d) are the trademarks of such Party. Except as set out in this Agreement, neither Party may alter, add to or remove from the other Party\u2019s products or services, any of the other Party\u2019s Proprietary Marks, copyright notices or other proprietary rights markings, or use any of the other Party\u2019s Proprietary Marks without the prior written permission of the other Party, which shall be at the exclusive discretion of the other Party. &nbsp; Any SDK made available to Client is licensed to Client in accordance with TeleSign\u2019s SDK license agreement, which is available at <a href=\"\/telesign-sdk-license-agreement\" id=\"\">https:\/\/www.telesign.com\/telesign-sdk-license-agreement<\/a>, &nbsp;the terms of which may be amended by TeleSign from time to time at its discretion.<\/p>\n<p id=\"\">2.5 &nbsp; &nbsp; &nbsp;Additional Features:<\/p>\n<p id=\"\">(a) For the avoidance of doubt, any Additional Feature used by the Client is deemed to form part of the Services. Any insights or other information provided to Client by TeleSign as part of an Additional Feature shall &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; be considered to be Licensed Data, as defined in this Agreement.<\/p>\n<p id=\"\">(b) Client\u2019s use of any Additional Feature and such Licensed Data is subject to all terms and conditions set out in this Agreement, including the Acceptable Use Policy.<\/p>\n<p id=\"\">(c) Except to the extent expressly stated herein, TeleSign provides no warranty or commitment in relation to any Additional Feature, including but not limited to the accuracy, timeliness or quality of any Licensed Data &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; provided as part of such feature.<\/p>\n<p id=\"\">(d) TeleSign reserves the right at any time to immediately suspend or cease providing any Additional Feature without notice.<\/p>\n<ol start=\"3\" id=\"\">\n<li id=\"\"><strong id=\"\">Website Terms &amp; Conditions<\/strong><\/li>\n<\/ol>\n<p id=\"\">3.1 &nbsp; &nbsp; &nbsp;Client shall, and shall ensure that its employees, agents, contractors, affiliates and any Users, comply with TeleSign\u2019s Website Terms &amp; Conditions.<\/p>\n<ol start=\"4\" id=\"\">\n<li id=\"\"><strong id=\"\">Free Trial for eligible Services<\/strong><\/li>\n<\/ol>\n<p id=\"\">The following terms and conditions apply to Client\u2019s use of eligible Services during the Free Trial:<\/p>\n<p id=\"\">4.1 &nbsp; &nbsp; &nbsp;Free Trial. &nbsp;Client may evaluate the Services at no charge up to a maximum of the number of Transactions or credit stated on the Client Portal &nbsp;(\u201c<strong id=\"\">Maximum Transactions<\/strong>\u201d) during the Free Trial. If Client exceeds the number of Maximum Transactions allowed, TeleSign may invoice Client for such Transactions in excess of the Maximum Transactions at a fee of $0.10 per Transaction. &nbsp;Any such fees shall be payable within 30 days of the date of invoice. &nbsp;If the Maximum Transactions are reached, TeleSign reserves the right to cease providing Services immediately and without notice.<\/p>\n<p id=\"\">4.2 &nbsp; &nbsp; &nbsp;Evaluation only. &nbsp;Client agrees to use the Services solely for its own internal analysis to evaluate and determine the acceptability of the Services and whether Client has an interest in obtaining, as appropriate, the Services from TeleSign for use by Client. &nbsp;Client is prohibited from using the Services for any other purposes whatsoever (including any commercial purpose), until and unless Client Upgrades its account<\/p>\n<p id=\"\">4.3 &nbsp; &nbsp; &nbsp;Suspension. &nbsp;TeleSign reserves the right to suspend or terminate the Services provided under this Agreement at any time during the Free Trial in its discretion.<\/p>\n<p id=\"\">4.4 &nbsp; &nbsp; &nbsp;Termination of Free Trial. &nbsp;At the termination or expiry of the Free Trial:<\/p>\n<p id=\"\">(a) &nbsp; &nbsp; &nbsp; Client\u2019s right to use the Services, and TeleSign\u2019s commitment to provide the Services, shall cease unless and until Client Upgrades its account; and<\/p>\n<p id=\"\">(b) &nbsp; &nbsp; &nbsp; Client shall upon request by TeleSign destroy or delete (at TeleSign\u2019s discretion), the Confidential Information and all copies thereof and shall provide a written certification to TeleSign as to the destruction or deletion of the Confidential Information from their computer systems. &nbsp;Client agrees to hold the processes and methodology of the Services in strict confidence and not to disclose such processes and methodology to any third party or to use it for any purpose other than as specifically authorized herein. &nbsp;Further, Client agrees that any results of its evaluation of the Services and\/or reports generated thereby shall be considered and treated as TeleSign\u2019s Confidential Information. Client\u2019s obligations under this section shall survive any termination of this Agreement.<\/p>\n<p id=\"\">4.5 &nbsp; &nbsp; &nbsp;No Free Trial. Not all Services shall be eligible to receive the Free Trial. For such Services, Client shall be required to pay the Fees for the Services, in accordance with the payment terms set out in section 5, upon signing up for the said Services.<\/p>\n<ol start=\"5\" id=\"\">\n<li id=\"\"><strong id=\"\">Account Upgrade, Fees &amp; Payment<\/strong><\/li>\n<\/ol>\n<p id=\"\">5.1 &nbsp; &nbsp; &nbsp;Account Upgrade of Free Trial. &nbsp;At any time during or following expiry of the Free Trial, Client may Upgrade its account. &nbsp;Upon Upgrade, the Free Trial shall immediately cease, and Client shall be required to pay the Fees for the Services, in accordance with the payment terms set out in this section 5. &nbsp;Client hereby irrevocably commits to pay all Fees for the Services upon Upgrading its account.<\/p>\n<p id=\"\">5.2 &nbsp; &nbsp; &nbsp;Fees. &nbsp;If there is a Fee expressed for any element of the Services in a Price Plan, TeleSign shall charge Client such Fee for each Transaction and\/or Service as described in the relevant Price Plan. &nbsp;The Fee stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. Client is solely responsible for paying any such taxes or other charges. TeleSign reserves the right to change the Price Plans, Fees and\/or formulae by which the Fees are calculated by notifying Client from time to time. &nbsp;Such notification may be made by updating Price Plans and\/or via email or other notification on the Client Portal. &nbsp;TeleSign will endeavor to provide at least five (5) days in advance of any such change(s), unless such changes result from regulatory requirement or changes imposed by Carriers on less than 5 days\u2019 notice.<\/p>\n<p id=\"\">5.3 &nbsp; &nbsp; &nbsp;Payment terms.<\/p>\n<p id=\"\">(a) &nbsp; &nbsp; &nbsp; USD. &nbsp;All payments by Client hereunder shall be made only in United States Dollars.<\/p>\n<p id=\"\">(b) &nbsp; &nbsp; &nbsp; Billing information &amp; disputes. &nbsp;TeleSign will provide usage and billing information on the Client Portal. &nbsp;Client must notify TeleSign of any dispute in relation to Fees within 60 days of the relevant Services being delivered, in which case TeleSign and Client will cooperate to investigate and resolve the dispute. &nbsp;Client waives its right to challenge any Fees not disputed within such time, and TeleSign is hereby released from all liability and claims of loss resulting from any error not notified within such time.<\/p>\n<p id=\"\">(c) &nbsp; &nbsp; &nbsp; Payment method. &nbsp;To pay the Fees for any Service, you are required to provide a valid payment method at the time you sign up for that Service. You can access and change your payment method at any time via the Client Portal. &nbsp;You hereby authorise TeleSign to use any account information regarding your selected payment method provided or required by your issuing bank. You agree to promptly update your account and other information, including your email address and payment method details.<\/p>\n<p id=\"\">(d) &nbsp; &nbsp; &nbsp; Payment information. &nbsp; By providing TeleSign with a payment method, (including credit card details) you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize TeleSign to store such payment method charge Client for the Services using such payment method.<\/p>\n<p id=\"\">(e) &nbsp; &nbsp; &nbsp; Payment timing. &nbsp;Fees may be payable via (a) prepayment; (b) post-payment; or (c) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven\u2019t previously been processed.<\/p>\n<p id=\"\">(f) &nbsp; &nbsp; &nbsp; &nbsp;Prepayment. &nbsp;Unless stated otherwise, Fees shall be payable via prepayment. &nbsp;Client must purchase account credit using the payment method given during account Upgrade (as such details may be amended from time to time). &nbsp;Client agrees to the use and storage of its payment method details (including credit card details) for such purpose. &nbsp;Client irrevocably authorizes TeleSign to use such account credit to pay for any Services used by Client.<\/p>\n<p id=\"\">(g) &nbsp; &nbsp; &nbsp; Automatic Top-up. &nbsp;If you have selected the relevant option via the Client Portal, when your credit balance reduces to zero or reaches a predetermined level, the account balance may be automatically replenished by an agreed amount. &nbsp;In such case, you authorize TeleSign to take payment for such replenishment via the payment method you have chosen. &nbsp;Such authorization will remain valid until you notify TeleSign otherwise. &nbsp;TeleSign will notify you whenever such payment is taken.<\/p>\n<p id=\"\">(h) &nbsp; &nbsp; &nbsp; Post-payment. &nbsp;In the event Services are provided on a post-payment basis, TeleSign shall issue invoices on a monthly basis, promptly following the end of each month, for the total amount of Fees due for Transactions submitted during that month. The invoice is due and payable thirty (30) calendar days from invoice date.<\/p>\n<p id=\"\">(i) &nbsp; &nbsp; &nbsp; &nbsp;Recurring Payments. &nbsp;When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to TeleSign by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated. Subscription fees are generally billed or charged in advance of the applicable subscription period.<\/p>\n<p id=\"\">(j) &nbsp; &nbsp; &nbsp; &nbsp;Prepaid to post-paid payment terms. Upon your request, TeleSign may approve your move from a prepayment model to a post-payment model for certain Services. &nbsp;Upon such approval, TeleSign may also require that you enter into a separate Agreement with TeleSign to be executed prior to issuing credentials.<\/p>\n<p id=\"\">5.4 &nbsp; &nbsp; &nbsp;Late payment. &nbsp;Client shall be deemed to be in default hereunder if payment of any undisputed Fees are not received by TeleSign within thirty (30) days of the invoice date and, in addition to its other remedies, TeleSign may charge Client interest at that rate equal to the lesser of one and one half percent (1\u00bd %) per month or the maximum amount permitted by Applicable Law on all sums that remain unpaid at the expiration of such period.<\/p>\n<p id=\"\">5.5 &nbsp; &nbsp; &nbsp;Suspension. &nbsp;TeleSign is entitled to suspend or cancel Client\u2019s account in the event that: &nbsp;(a) Client\u2019s account is inactive for 365 days; (b) Client\u2019s account balance reduces to zero or a negative balance and is not replenished by Client immediately; (c) Client\u2019s chosen payment method ceases to be a valid payment method; or (d) any Fees for post-paid or recurring subscription Services are not paid by the relevant due date. &nbsp;Suspension or cancellation may result in Client Data or other content being lost or deleted, and TeleSign shall not be liable for any such loss or deletion resulting from account suspension or cancellation. &nbsp;If Client\u2019s account balance reduces to zero or a negative balance, Client may not be able to consume any Services until the account balance is replenished to a positive balance.<\/p>\n<p id=\"\">5.6 &nbsp; &nbsp; &nbsp;Inactive accounts. &nbsp;If Client\u2019s account is inactive for 365 days, TeleSign reserves the right at its discretion to (a) refund any remaining credit balance on Client\u2019s account to Client (less a reasonable administration fee); and\/or (b) discontinue Client\u2019s account and delete all data relating thereto; and\/or (c) retain any remaining credit balance on Client\u2019s account; and\/or (d) remit any remaining credit balance to an appropriate body as required by Applicable Law. &nbsp;\u201cInactive\u201d means Client has not entered into a Transaction to use the Services, or accessed the Client Portal, during the relevant period. &nbsp;Notwithstanding the above, Client may at any time request to reactivate any credit that has been retained by TeleSign. &nbsp;In such case, TeleSign shall act reasonably in deciding whether to reactivate any credit.<\/p>\n<p id=\"\">5.7 &nbsp; &nbsp; &nbsp;Refunds. &nbsp;Unless otherwise provided by Applicable Law, all payment obligations cannot be cancelled and are non-refundable. This refund policy does not affect any statutory rights that may apply. &nbsp;Upon termination of the Agreement for any reason other than TeleSign\u2019s default, TeleSign may deal with any remaining credit balance on Client\u2019s account as if Client\u2019s account had been inactive for 365 days.<\/p>\n<ol start=\"6\" id=\"\">\n<li id=\"\"><strong id=\"\">Client\u2019s obligations<\/strong><\/li>\n<\/ol>\n<p id=\"\">6.1 &nbsp; &nbsp; &nbsp;Acceptable Use Policy. &nbsp;Client shall, and shall ensure that its employees, agents, contractors, affiliates and any Users, abide at all times with TeleSign\u2019s Acceptable Use Policy.<\/p>\n<p id=\"\">6.2 &nbsp; &nbsp; &nbsp;Content Standards. &nbsp;TeleSign and its subcontractors may, in their sole discretion, reject sending all or part of any content to any Carriers if in TeleSign\u2019s opinion such content does not comply with the Content Standards. &nbsp;TeleSign shall notify Client within five (5) days of the reasons for such rejection. &nbsp;TeleSign shall not be liable for any rejection of content. &nbsp;Client is solely responsible for ensuring that all content is accurate, complete and correct, and shall be solely responsible for all claims or liability arising from the distribution and publication of Client\u2019s content. &nbsp;TeleSign shall have no obligation to read, proofread or correct any content supplied by Client, nor any responsibility for its accuracy, completeness or correctness.<\/p>\n<p id=\"\">6.3 &nbsp; &nbsp; &nbsp;SPAM Policy. &nbsp;TeleSign may immediately and without notice suspend the Services in whole or in part if TeleSign reasonably suspects the Client\u2019s account is being used in breach of the SPAM Policy.<\/p>\n<p id=\"\">6.4 &nbsp; &nbsp; &nbsp;Agents. &nbsp;Client is responsible for all use of the Services by any third party contractor, agent, partner, intermediary, service provider or platform that Client uses to receive or make use of the Services or connect to the client portal or any other TeleSign computer systems or networks (\u201cAgent\u201d) (whether with or without Client\u2019s permission), and Client shall indemnify, defend and hold harmless TeleSign, its Affiliates, and their respective officers, directors, agents and employees against all liabilities, costs, expenses, damages and losses suffered or incurred arising out of any act or omission of such Agent.<\/p>\n<p id=\"\">6.5 &nbsp; &nbsp; &nbsp;Claims. &nbsp;Client must immediately inform TeleSign if any User or third party makes or threatens to make any claim against Client or a Client Affiliate regarding the Services.<\/p>\n<ol start=\"7\" id=\"\">\n<li id=\"\"><strong id=\"\">Privacy &amp; Data Protection<\/strong><\/li>\n<\/ol>\n<p id=\"\">7.1 &nbsp; &nbsp; &nbsp;Privacy Policy. &nbsp;The Parties shall each comply with TeleSign\u2019s Privacy Policy, and Client acknowledges and authorizes TeleSign\u2019s use of data in accordance with the Privacy Policy, the terms of which may be amended by TeleSign from time to time at its discretion.<\/p>\n<p id=\"\">7.2 &nbsp; &nbsp; &nbsp;Data Protection Laws. &nbsp;The Parties shall each perform its obligations under this Agreement in compliance with all Applicable Laws relating to the protection of privacy and data, in the provision and use of the Services as set out in the DPA.<\/p>\n<p id=\"\">7.3 &nbsp; &nbsp; &nbsp;Client Data. &nbsp;TeleSign shall use Client Data only as described in this Agreement, the DPA and the Privacy Policy, and otherwise to provide, maintain, and improve the Services. &nbsp;TeleSign shall process and protect Client Data in accordance with the DPA. &nbsp;Client Data, including any Personal Information therein, may be stored and processed in the United States or any other countries in which TeleSign maintains facilities. &nbsp;Client Data may also be shared with:<\/p>\n<p id=\"\">(a) &nbsp; &nbsp; &nbsp; Carriers and other third party service providers for the purpose of delivering the Services to Client;<\/p>\n<p id=\"\">(b) &nbsp; &nbsp; &nbsp; third parties in response to government or regulatory requirement; and<\/p>\n<p id=\"\">(c) &nbsp; &nbsp; &nbsp; third parties on an anonymized or aggregated basis, such that Client and Users may not be directly identified.<\/p>\n<p id=\"\">Client consents to any such use and processing, and appoints TeleSign to conduct such a transfer on Client\u2019s behalf in order to provide the Services.<\/p>\n<p id=\"\">7.4 &nbsp; &nbsp; &nbsp;Consent. &nbsp;Client shall provide all Users with any disclosure or explanation required by Applicable Laws concerning the Client\u2019s use of the Services, and obtain, maintain and secure any necessary consent and authorizations from Users that may be required by Applicable Laws in order to authorize TeleSign\u2019s provision of the Services, or otherwise ensure a lawful basis for TeleSign\u2019s provision of the Services and processing of Client Data, including any Personal Information.<\/p>\n<p id=\"\">7.5 &nbsp; &nbsp; &nbsp;Third Party Data Providers. &nbsp;The Licensed Data may include data obtained by third parties such as Carriers. &nbsp;Client hereby consents to the disclosure by TeleSign of Client\u2019s (and its Users\u2019) identity to such third parties, for the limited purpose of ensuring that TeleSign is complying with the terms of its agreements with such third parties. &nbsp;If any such third party requires Users to provide specific consent to enable the provision of the Services, Client shall reasonably cooperate with TeleSign to confirm the sufficiency of such consent.<\/p>\n<p id=\"\">7.6 &nbsp; &nbsp; &nbsp;Content filtering. &nbsp;TeleSign is entitled to (either by its own processing of Client Data or by the transfer of Client Data to third party service providers) carry out content filtering, review and other procedures for the purpose of ensuring Client Data and the sending thereof complies with Applicable Law, including but not limited to the prevention of the sending of unsolicited communications, or \u201cspam\u201d. &nbsp;For the avoidance of doubt, such procedures do not absolve Client of any obligation to ensure compliance with Applicable Law, nor does TeleSign give any warranty that such procedures will ensure compliance with Applicable Law.<\/p>\n<p id=\"\">7.7 &nbsp; &nbsp; &nbsp;Re-use of data. &nbsp;Client acknowledges that as part of providing the Services, TeleSign may assess Client Data for the purpose of calculating the fraud risk of a particular transaction. &nbsp;Client consents to the results of each such assessment, including any telephone number to which such assessment relates, being re-used by TeleSign for the purposes of improving the Services and providing future fraud identification, prevention and risk assessment.<\/p>\n<p id=\"\">7.8 &nbsp; &nbsp; &nbsp;TeleSign news and updates. &nbsp;If you selected the \u201cI would like to receive TeleSign news and updates\u201d checkbox when signing up for your Free Trial or Upgrading your account, Client hereby consents to receiving TeleSign news, updates and other marketing messages, until such time as Client revokes such consent.<\/p>\n<ol start=\"8\" id=\"\">\n<li id=\"\"><strong id=\"\">Confidentiality<\/strong><\/li>\n<\/ol>\n<p id=\"\">8.1 &nbsp; &nbsp; &nbsp;Confidential Information. &nbsp;As used herein, \u201c<strong id=\"\">Confidential Information<\/strong>\u201d means all confidential and proprietary information of a Party (\u201c<strong id=\"\">Disclosing Party<\/strong>\u201d) disclosed to the other Party (\u201c<strong id=\"\">Receiving Party<\/strong>\u201d) that (a) if disclosed orally is designated as confidential at the time of disclosure, (b) if disclosed in writing is marked as \u201cConfidential\u201d and\/or \u201cProprietary\u201d, or (c) reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including, the terms and conditions of this Agreement (including pricing and other commercial terms) and\/or of provision of the Services, screen shots of the Services, pricing in proposals, business and marketing materials, technology and technical information, product designs, and business processes. &nbsp;Licensed Data shall be deemed to be TeleSign\u2019s Confidential Information. &nbsp;Notwithstanding the foregoing, each Party may disclose the existence and terms of this Agreement, in confidence on terms no less strict than as set out herein, to a potential purchaser of or successor to any portion of such Party\u2019s business resulting from the reorganization, spin-off, or sale of all or a portion of all of the assets of any business, division, or group of such Party. &nbsp;Confidential Information shall not include any information that: &nbsp;(i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party, which can be demonstrated with clear and convincing evidence; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.<\/p>\n<p id=\"\">8.2 &nbsp; &nbsp; &nbsp;Confidentiality. &nbsp;The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party\u2019s prior written permission. &nbsp;Notwithstanding the foregoing, the Receiving Party may disclose such Confidential Information to those of its employees, contractors and Affiliates who need to know such information for purposes of performing or receiving the Services and certifies that such employees and contractors have agreed, either as a condition of employment or in order to obtain the Confidential Information, to be bound by terms and conditions substantially similar to those in this Agreement. &nbsp;The Receiving Party shall use the same degree of care to protect the Confidential Information as it uses to protect its own information of a confidential and proprietary nature, but in no event shall it use less than a commercially reasonable degree of care.<\/p>\n<p id=\"\">8.3 &nbsp; &nbsp; &nbsp;Compelled Disclosure. &nbsp;If the Receiving Party is compelled by Applicable Law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party\u2019s cost, if the Disclosing Party wishes to contest the disclosure.<\/p>\n<ol start=\"9\" id=\"\">\n<li id=\"\"><strong id=\"\">Warranties, Indemnity, Liability &amp; Termination<\/strong><\/li>\n<\/ol>\n<p id=\"\">9.1 &nbsp; &nbsp; &nbsp;Personal Warranty. &nbsp;You (the person entering into this Agreement on behalf of Client) hereby confirm and warrant that: (a) you are authorized to commit the Client to the terms and conditions of this Agreement; and (b) when registering Client\u2019s account, you will provide true, accurate, up-to-date and complete information about the Client, and will keep that information true, accurate, up-to-date and complete for the duration of the Term.<\/p>\n<p id=\"\">9.2 &nbsp; &nbsp; &nbsp;Client Warranty. &nbsp;Client warrants and represents that, in the use of the Services, it will: (a) comply with the Acceptable Use Policy; (b) use the Services and the Licensed Data in compliance with all Applicable Laws; and (c) obtain and maintain all necessary licenses, consents and permissions necessary for TeleSign to perform its obligations under this Agreement, including the provision of the Services.<\/p>\n<p id=\"\">9.3 &nbsp; &nbsp; &nbsp;Disclaimers of Warranty.<\/p>\n<p id=\"\">(a) &nbsp; &nbsp; &nbsp; General disclaimers: &nbsp;EXCEPT AS PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBED TO CLIENT \u201cAS IS\u201d AND WITH ALL FAULTS. &nbsp;EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND\/OR WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND\/OR ANY WARRANTY THAT PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. &nbsp;TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. &nbsp;CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND\/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENT. &nbsp;CLIENT ACKNOWLEDGES THAT TELESIGN\u2019S SERVICES INCLUDE THE USE OF CARRIERS TO DELIVER MESSAGES, AND THAT TELESIGN IS NOT RESPONSIBLE FOR THE ULTIMATE DELIVERY OF MESSAGES BY SUCH CARRIERS, AND THAT MESSAGES MAY BE DELAYED OR NOT DELIVERED FOR REASONS OUTSIDE TELESIGN\u2019S CONTROL, INCLUDING NETWORK FAILURE OR USER DEVICES BEING UNAVAILABLE FOR MESSAGE DELIVERY.<\/p>\n<p id=\"\">(b) &nbsp; &nbsp; &nbsp; No warranties in service descriptions. &nbsp;FOR THE AVOIDANCE OF DOUBT, UNLESS EXPRESSLY STATED WITHIN THESE TERMS OF SERVICE, TELESIGN GIVES NO WARRANTIES IN RESPECT OF THE FUNCTIONALITY OR AVAILABILITY OF THE SERVICES, EVEN IF SUCH STATEMENTS ARE MADE BY AGENTS OF TELESIGN, OR IN PUBLISHED DOCUMENTATION ON TELESIGN\u2019S WEBSITE, AND EVEN IF SUCH DOCUMENTATION IS ACCESSIBLE VIA LINKS FROM TELESIGN\u2019S WEBSITE OR THIS AGREEMENT. &nbsp;IN THE EVENT OF ANY INCONSISTENCY BETWEEN THESE TERMS OF SERVICE AND ANY SUCH DOCUMENTATION, THESE TERMS OF SERVICE SHALL PREVAIL.<\/p>\n<p id=\"\">(c) &nbsp; &nbsp; &nbsp; Compliance with Content Standards. &nbsp;Client is solely responsible for any compliance with any legislation, rules and regulations as described in the Content Standards. &nbsp;TeleSign does not warrant that the Services will comply with such legislation, rules and regulations, and excludes all liability resulting from any breach thereof caused by non-compliance with the Content Standards.<\/p>\n<p id=\"\">(d) &nbsp; &nbsp; &nbsp; No warranties relating to beta services: &nbsp;From time to time, TeleSign may invite Client to participate in a program to use beta services. &nbsp;Beta services are not generally available and may contain bugs, errors, defects or harmful elements. &nbsp;Accordingly, TeleSign provides beta services to you \u201cas is.\u201d &nbsp;TeleSign makes no warranties of any kind with respect to beta services, whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Notwithstanding any published documentation that states otherwise, TeleSign does not warrant that beta services will be error-free or that they will meet any specified service level, or will operate without error or interruption.<\/p>\n<p id=\"\">9.4 &nbsp; &nbsp; &nbsp;Indemnity. &nbsp;Client shall indemnify, defend and hold harmless TeleSign, its affiliates, and their respective officers, directors, agents and employees (the \u201c<strong id=\"\">Indemnified Parties<\/strong>\u201d) against all liabilities, costs, expenses, damages and losses (including all legal costs, reasonable attorneys\u2019 fees and any damages or settlement amounts) suffered or incurred by the Indemnified Parties arising out of any claim made by any third party related to or arising from: (i) any actual or alleged infringement or violation of any Intellectual Property Rights of any person or entity; and\/or (ii) any breach of an express warranty set out in this Agreement by the Client or any User; and\/or (iii) any breach of the AUP by Client or any User; and\/or (iv) any act or omission of Client or any User in breach of any of the terms and conditions set out herein; and\/or (v) any act or omission of Client or its Users in relation to Client\u2019s use of the Services or Client Portal, except to the extent that such claim arises as a direct result of any act or omission of the Indemnified Parties in breach of this Agreement.<\/p>\n<p id=\"\">9.5 &nbsp; &nbsp; &nbsp;Limitation of Liability. &nbsp;TELESIGN\u2019S AGGREGATE LIABILITY TO CLIENT ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL IN NO EVENT EXCEED THE TOTAL OF ALL AMOUNTS PAID BY CLIENT TO TELESIGN FOR THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE LIABILITY AROSE. &nbsp;IN NO EVENT SHALL TELESIGN BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST INCOME, LOST PROFITS, PRESENT AND FUTURE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY (EXPRESS OR IMPLIED), ACTIVE OR PASSIVE NEGLIGENCE, INTENTIONAL OR UNINTENTIONAL TORT, STRICT LIABILITY, VIOLATION OF STATUTE, ORDINANCE OR REGULATION, FAILURE OF CONSIDERATION, OR OTHER BASIS, ARISING OUT OF THE PROVISION OF THE SERVICES. &nbsp;DURING THE FREE TRIAL, TELESIGN\u2019S LIABILITY SHALL NOT EXCEED ONE HUNDRED US DOLLARS (USD 100.00). &nbsp;THE PROVISIONS OF THIS SECTION 9.5 ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. &nbsp;Notwithstanding the foregoing, neither Party excludes or limits liability to the other Party for: (i) fraud or fraudulent misrepresentation; (ii) death or personal injury caused by negligence; (iii) intentional misconduct or gross negligence; and\/or (iv) if such exclusion or limitation would be in breach of any Applicable Law.<\/p>\n<p id=\"\">9.6 &nbsp; &nbsp; &nbsp;Termination.<\/p>\n<p id=\"\">(a) &nbsp; &nbsp; &nbsp; Without affecting any other right or remedy available to it, either Party may terminate this Agreement with immediate effect by giving written notice to the other Party if the other Party commits a material breach of any term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 15 calendar days after being notified in writing to do so;<\/p>\n<p id=\"\">(b) &nbsp; &nbsp; &nbsp; Either Party may terminate this Agreement for any or no cause with thirty (30) days prior written notice.<\/p>\n<p id=\"\">(c) &nbsp; &nbsp; &nbsp; The termination of this Agreement shall not release Client from its obligations and liability to TeleSign with respect to any Fees incurred up to and including the date of termination (whether or not such Fees have been invoiced). &nbsp;Any such amounts shall become immediately due and payable upon termination.<\/p>\n<p id=\"\">(d) &nbsp; &nbsp; &nbsp; On termination of this Agreement for any reason, all licenses granted under this Agreement shall immediately terminate. &nbsp;Any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination, including the right to payment of Fees incurred and to claim damages in respect of any breach of the Agreement which existed at or before the date of termination shall not be affected or prejudiced.<\/p>\n<p id=\"\">(e) &nbsp; &nbsp; &nbsp; On termination of this Agreement for any reason other than default by TeleSign, and except to the extent required by Applicable Law, TeleSign shall have no obligation to refund any prepaid account balance to Client.<\/p>\n<ol start=\"10\" id=\"\">\n<li id=\"\"><strong id=\"\">Miscellaneous<\/strong><\/li>\n<\/ol>\n<p id=\"\">10.1 &nbsp; &nbsp;Force Majeure. &nbsp;Neither Party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability or interruption or delay in telecommunications or third party Services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed.<\/p>\n<p id=\"\">10.2 &nbsp; &nbsp;Assignment. &nbsp;Client may not assign this Agreement without the written consent of TeleSign which will not be unreasonably withheld. &nbsp;Subject to this restriction, this Agreement shall be binding on Client and TeleSign and each of our successors and assigns.<\/p>\n<p id=\"\">10.3 &nbsp; &nbsp;Use of Proprietary Marks. Each Party may use the other Party\u2019s Proprietary Marks on its website and in promotional materials, solely to refer to the Client\u2019s use of the Services, and only in accordance with any usage guidelines provided by the other Party. All such use will inure to the benefit of the owner of the Proprietary Marks. The first Party will not use, register or take any other action with respect to the other Party\u2019s Proprietary Marks, except to the extent allowed in advance in writing by the other Party. In using the Proprietary Marks, the first Party must always use the then-current Proprietary Marks and will not add to, delete from or modify any of Proprietary Marks. The first Party shall not, at any time, present itself as an Affiliate, partner or other legal agent of the other Party. The limited license to use Proprietary Marks under this section will cease automatically on termination of the Agreement.<\/p>\n<p id=\"\">10.4 &nbsp; &nbsp;Waiver and Amendments. &nbsp;Except as expressly stated herein, No waiver, amendment, or modification of any provision of this Agreement shall be effective unless agreed to by both parties in writing. No failure or delay by either Party in exercising any rights, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy. &nbsp;NOTWITHSTANDING THE PREVIOUS SENTENCE, TELESIGN SHALL BE ENTITLED TO AMEND ANY TERMS OF THIS AGREEMENT ON THE GIVING OF NOT LESS THAN FIVE (5) DAYS\u2019 NOTICE TO CLIENT, SUCH NOTICE TO BE MADE VIA EMAIL OR ON THE CLIENT PORTAL. &nbsp;IF CLIENT CONTINUES TO USE THE SERVICES BEYOND SUCH NOTICE PERIOD, CLIENT SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENT. &nbsp;IF CLIENT DOES NOT AGREE TO SUCH AMENDMENT, IT SHALL BE ENTITLED TO TERMINATE THE AGREEMENT BY GIVING 30 DAYS\u2019 WRITTEN NOTICE TO TELESIGN AT ANY TIME DURING SUCH NOTICE PERIOD.<\/p>\n<p id=\"\">10.5 &nbsp; &nbsp;Severability. &nbsp;Should any term of this Agreement be finally determined by a court of competent jurisdiction to be invalid, unenforceable or otherwise contrary to law or equity, the parties agree that such provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its invalidity or unenforceability, and that the other provisions of this Agreement shall remain unaffected. If any part of this Agreement is determined to be invalid or unenforceable pursuant to Applicable Law then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.<\/p>\n<p id=\"\">10.6 &nbsp; &nbsp;Third Party Beneficiaries. &nbsp;Except as expressly provided for herein, the provisions of this Agreement are solely for the benefit of the parties hereto and not for the benefit of any third parties.<\/p>\n<p id=\"\">10.7 &nbsp; &nbsp;Governing Law; Forum. &nbsp;The laws of the State of California shall exclusively govern this Agreement, without regard to any contrary conflicts of laws principles. &nbsp;In event of a dispute arising under this Agreement, each Party will make reasonable, good-faith efforts to resolve such dispute informally. &nbsp;The parties agree to waive jury trial as to any claim, controversy or dispute arising under or related to this Agreement. All legal disputes arising from this Agreement shall be resolved in the Federal and\/or State Courts of the County of Los Angeles, California.<\/p>\n<p id=\"\">10.8 &nbsp; &nbsp;Headings; Attachments.<strong id=\"\"> &nbsp;<\/strong>Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. &nbsp;The exhibits and attachments attached hereto are incorporated and made a part of this Agreement by this reference.<\/p>\n<p id=\"\">10.9 &nbsp; &nbsp;Independent Contractor. &nbsp;Each Party is an independent contractor as to each other and no agency, partnership, joint venture or any legal relationship other than that of independent contractor is established by this Agreement.7.4 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any and all written or oral prior agreements and understandings between the Parties. &nbsp;The Parties hereby agree to the execution of this Agreement remotely, by way of Client accepting these terms and conditions online.<\/p>\n<p id=\"\">10.10 &nbsp;No impact on other remedies. &nbsp;Except as otherwise expressly provided in this Agreement, each Party\u2019s remedies herein are in addition to any and all rights and remedies available to such Party at law or in equity.<\/p>\n<p id=\"\">10.11 &nbsp;Export Restrictions. &nbsp;Client acknowledges that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Services. Without limiting the foregoing, Client acknowledges that the Services are or may be subject to controls under the Export Administration Regulations promulgated by the U.S. Department of Commerce. Client agrees not to export or re-export the Services in any form in violation of the export laws of the United States or any foreign jurisdiction. Client represents and warrants that it is not listed on any U.S. government exclusion list, and will immediately cease use of TeleSign\u2019s Services and SDK upon being placed on any such list.<\/p>\n<p id=\"\">10.12 &nbsp;Notices. &nbsp;Notices shall be in writing and shall be personally delivered, delivered via courier or via certified mail, or by email to the other Party at such address as may from time to time be designated by a Party. Notices shall be deemed effective upon receipt, or if delivery is not effected by reason of some fault of the addressee, when tendered. &nbsp;Notices to TeleSign must include a copy sent to <a href=\"mailto:legal@telesign.com\" id=\"\">legal@telesign.com<\/a>.<\/p>\n<p id=\"\">10.13 &nbsp;Survival. &nbsp;Sections 2.4, 3, 4.4, 5, 6, 7, 8, 9, 10.3 and 10.5-10.14 shall survive the termination of this Agreement.<\/p>\n<p id=\"\">10.14 &nbsp;Agreement Terms and Priority. &nbsp;This Agreement shall consist of these Terms of Service and all other policies, exhibits, attachments, addenda and amendments hereto. &nbsp;If there is an inconsistency between any of the provisions in those documents, the provisions in the Terms of Service shall prevail over the policy, exhibit, attachment or addendum.<\/p>\n<p id=\"\">\u200d<\/p>\n<p id=\"\">\u200d<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u200dMay 23, 2018 Changes from previous version: Terms added relating to Privacy Provisions and DPA. \u200d This Agreement is executed as of the Effective Date defined below, and is between TeleSign and Client, as those terms are defined below (each a \u201cParty\u201d, and collectively, the \u201cParties\u201d). PLEASE REVIEW THIS AGREEMENT CAREFULLY. ONCE YOU CLICK \u201cGET<\/p>\n","protected":false},"author":4,"featured_media":0,"template":"","categories":[],"tags":[],"class_list":["post-17417","legal","type-legal","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.2 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Telesign terms of service 5-23-18 - Telesign<\/title>\n<meta name=\"robots\" content=\"noindex, follow\" \/>\n<meta property=\"og:locale\" content=\"es_ES\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Telesign terms of service 5-23-18 - Telesign\" \/>\n<meta property=\"og:description\" content=\"\u200dMay 23, 2018 Changes from previous version: Terms added relating to Privacy Provisions and DPA. \u200d This Agreement is executed as of the Effective Date defined below, and is between TeleSign and Client, as those terms are defined below (each a \u201cParty\u201d, and collectively, the \u201cParties\u201d). 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ONCE YOU CLICK \u201cGET\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-5-23-18\" \/>\n<meta property=\"og:site_name\" content=\"Telesign\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/TelesignCorp\/?utm_source=telesign.com\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data1\" content=\"40 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-5-23-18\",\"url\":\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-5-23-18\",\"name\":\"Telesign terms of service 5-23-18 - Telesign\",\"isPartOf\":{\"@id\":\"https:\/\/www.telesign.com\/es#website\"},\"datePublished\":\"2024-04-23T15:41:50+00:00\",\"breadcrumb\":{\"@id\":\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-5-23-18#breadcrumb\"},\"inLanguage\":\"es\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-5-23-18\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-5-23-18#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.telesign.com\/es\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Telesign terms of service 5-23-18\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.telesign.com\/es#website\",\"url\":\"https:\/\/www.telesign.com\/es\",\"name\":\"Telesign\",\"description\":\"Phone Number, SMS &amp; Identity Verification APIs | Telesign\",\"publisher\":{\"@id\":\"https:\/\/www.telesign.com\/es#organization\"},\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/www.telesign.com\/es?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"es\"},{\"@type\":\"Organization\",\"@id\":\"https:\/\/www.telesign.com\/es#organization\",\"name\":\"Telesign\",\"url\":\"https:\/\/www.telesign.com\/es\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"es\",\"@id\":\"https:\/\/www.telesign.com\/es#\/schema\/logo\/image\/\",\"url\":\"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/01\/62f4589601f1ea9dda43d66d_telesign-logo-generic.webp\",\"contentUrl\":\"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/01\/62f4589601f1ea9dda43d66d_telesign-logo-generic.webp\",\"width\":1200,\"height\":630,\"caption\":\"Telesign\"},\"image\":{\"@id\":\"https:\/\/www.telesign.com\/es#\/schema\/logo\/image\/\"},\"sameAs\":[\"https:\/\/www.facebook.com\/TelesignCorp\/?utm_source=telesign.com\"]}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Telesign terms of service 5-23-18 - Telesign","robots":{"index":"noindex","follow":"follow"},"og_locale":"es_ES","og_type":"article","og_title":"Telesign terms of service 5-23-18 - Telesign","og_description":"\u200dMay 23, 2018 Changes from previous version: Terms added relating to Privacy Provisions and DPA. \u200d This Agreement is executed as of the Effective Date defined below, and is between TeleSign and Client, as those terms are defined below (each a \u201cParty\u201d, and collectively, the \u201cParties\u201d). PLEASE REVIEW THIS AGREEMENT CAREFULLY. ONCE YOU CLICK \u201cGET","og_url":"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-5-23-18","og_site_name":"Telesign","article_publisher":"https:\/\/www.facebook.com\/TelesignCorp\/?utm_source=telesign.com","twitter_card":"summary_large_image","twitter_misc":{"Est. reading time":"40 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-5-23-18","url":"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-5-23-18","name":"Telesign terms of service 5-23-18 - Telesign","isPartOf":{"@id":"https:\/\/www.telesign.com\/es#website"},"datePublished":"2024-04-23T15:41:50+00:00","breadcrumb":{"@id":"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-5-23-18#breadcrumb"},"inLanguage":"es","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-5-23-18"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-5-23-18#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.telesign.com\/es"},{"@type":"ListItem","position":2,"name":"Telesign terms of service 5-23-18"}]},{"@type":"WebSite","@id":"https:\/\/www.telesign.com\/es#website","url":"https:\/\/www.telesign.com\/es","name":"Telesign","description":"Phone Number, SMS &amp; Identity Verification APIs | Telesign","publisher":{"@id":"https:\/\/www.telesign.com\/es#organization"},"potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.telesign.com\/es?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"es"},{"@type":"Organization","@id":"https:\/\/www.telesign.com\/es#organization","name":"Telesign","url":"https:\/\/www.telesign.com\/es","logo":{"@type":"ImageObject","inLanguage":"es","@id":"https:\/\/www.telesign.com\/es#\/schema\/logo\/image\/","url":"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/01\/62f4589601f1ea9dda43d66d_telesign-logo-generic.webp","contentUrl":"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/01\/62f4589601f1ea9dda43d66d_telesign-logo-generic.webp","width":1200,"height":630,"caption":"Telesign"},"image":{"@id":"https:\/\/www.telesign.com\/es#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/TelesignCorp\/?utm_source=telesign.com"]}]}},"_links":{"self":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/legal\/17417","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/legal"}],"about":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/types\/legal"}],"author":[{"embeddable":true,"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/users\/4"}],"wp:attachment":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/media?parent=17417"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/categories?post=17417"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/tags?post=17417"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}},{"id":17416,"date":"2024-04-23T15:41:50","date_gmt":"2024-04-23T15:41:50","guid":{"rendered":"https:\/\/www.telesign.com\/legal\/telesign-terms-of-service-06-19"},"modified":"2024-09-20T18:29:23","modified_gmt":"2024-09-20T18:29:23","slug":"telesign-terms-of-service-06-06-19","status":"publish","type":"legal","link":"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-06-06-19","title":{"rendered":"Telesign terms of service 06-19"},"content":{"rendered":"<p id=\"\"><strong id=\"\">June 6, 2019<br \/>\u200d<br \/><\/strong><a href=\"\/legal\/telesign-terms-of-service-04-17\" id=\"\"><\/a><strong id=\"\">\u200d<\/strong>&nbsp;<\/p>\n<p id=\"\">This Agreement is executed as of the EffectiveDate defined below, and is between&nbsp;<strong id=\"\">TeleSign&nbsp;<\/strong>and&nbsp;<strong id=\"\">Client<\/strong>,as those terms are defined below (each a \u201c<strong id=\"\">Party<\/strong>\u201d, and collectively, the\u201c<strong id=\"\">Parties<\/strong>\u201d).<\/p>\n<p id=\"\"><strong id=\"\">PLEASE REVIEW THIS AGREEMENT CAREFULLY. ONCEYOU CLICK \u201cGET STARTED\u201d, THIS AGREEMENT BECOMES A BINDING LEGAL COMMITMENTBETWEEN YOU, THE CLIENT AND TELESIGN. IF YOU DO NOT WANT THE CLIENT TO BE BOUNDBY THIS AGREEMENT, DO NOT CLICK THE \u201cGET STARTED\u201d BUTTON AND DO NOT USETELESIGN\u2019S SERVICES.<\/strong><\/p>\n<p id=\"\"><strong id=\"\">PLEASE NOTE \u2013 TELESIGN DOES NOT PROVIDEWARRANTIES IN RESPECT OF THE SERVICES, THIS AGREEMENT LIMITS TELESIGN\u2019SLIABILITY, AND TELESIGN HAS THE RIGHT TO AMEND BOTH THESE TERMS OF SERVICE ANDTHE FEES WE CHARGE FOR THE SERVICES.&nbsp; PLEASE REVIEW SECTIONS 5.2, 9 &amp;10.4 VERY CAREFULLY.<\/strong><\/p>\n<p id=\"\"><strong id=\"\">&nbsp;<\/strong><\/p>\n<p id=\"\">In consideration of the mutual promises,agreements and conditions stated herein, the Parties agree as follows:<\/p>\n<p id=\"\">1.&nbsp;&nbsp;&nbsp;&nbsp;<strong id=\"\">Definitions<\/strong><\/p>\n<p id=\"\">Unless the context requires otherwise, thefollowing terms shall have the meaning set out in this section 1 when used inthis Agreement:<\/p>\n<p id=\"\">\u201c<strong id=\"\">Acceptable Use Policy<\/strong>\u201d or \u201c<strong id=\"\">AUP<\/strong>\u201dmeans the Client\u2019s and Users\u2019 obligations regarding use of the Services andLicensed Data as set out in&nbsp;<a href=\"https:\/\/www.telesign.com\/acceptable-use-policy\" id=\"\">https:\/\/www.telesign.com\/acceptable-use-policy<\/a>, as may be updated by TeleSign from time totime at its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Additional Feature<\/strong>\u201d means any productfeature which is not defined within the description of the Services, but whichis introduced or made available to Client by TeleSign (including but notlimited to the URL shortener and SMS Retriever features), regardless of whetherTeleSign charges for such feature.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Affiliate<\/strong>\u201d means a company, person orentity that is owned or controlled by, that owns or controls or is under commonownership or control with a Party.&nbsp; Ownership shall mean direct orindirect ownership of more than 50% of the shares in a company or entity, andcontrol shall mean any power to appoint persons to the board of directors of acompany or entity.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Agreement<\/strong>\u201d means the terms andconditions set out in these Terms of Service, as such terms may be amended byTeleSign from time to time as described herein, including TeleSign\u2019s AUP, DPA,Privacy Policy, and any schedules, annexes, policies and service descriptionslinked hereto.<\/p>\n<p id=\"\">\u201c<strong id=\"\">API<\/strong>\u201d means application programminginterface made available to Client by TeleSign that allows Client to createapplications to make use of the Services.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Applicable Law<\/strong>\u201d means any statute,statutory instrument, regulation, order and other legislative provision,including any delegated or subordinate legislation, and any judgment of arelevant court of law or decision of a tribunal or competent authority, to theextent any of the foregoing applies to a Party\u2019s performance of obligationsunder this Agreement in the relevant jurisdiction.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Carrier<\/strong>\u201d means any telecommunicationsservice provider that may provide services used in the delivery of theServices, including SMS and voice interconnect and transit providers, datacenter operators, and fixed and mobile operators.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Client<\/strong>\u201d, \u201c<strong id=\"\">you<\/strong>\u201d or \u201c<strong id=\"\">your<\/strong>\u201dmeans the company entered into the Company Name field on the accountapplication page of TeleSign\u2019s website when signing up to use the Services, aswell as the person that completes the account application (where applicable).<\/p>\n<p id=\"\">\u201c<strong id=\"\">Client Data<\/strong>\u201d means any informationtransmitted by or on behalf of Client or a Client Affiliate during theexecution of an electronic request to the Services.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Client Portal<\/strong>\u201d means a web portalmaintained by TeleSign for TeleSign\u2019s customers where they can securely loginusing their credentials to access information regarding their TeleSign accountsuch as their billing and recent account activity, and includes any otherdelivery mechanism for the Services provided by TeleSign, including but notlimited to any SDK or API.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Content Standards<\/strong>\u201d means the contentstandards set out in section 1 of the Acceptable Use Policy.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Data Processing Addendum<\/strong>\u201d or \u201c<strong id=\"\">DPA<\/strong>\u201dmeans the addendum located at&nbsp;&nbsp;<a href=\"https:\/\/ts.telesign.com\/hubfs\/Legal\/Online-TeleSign-DPA-2021.pdf\" id=\"\">https:\/\/www.telesign.com\/DPA<\/a>&nbsp;in effect upon the Effective Date ofthis Agreement, and as may be updated by TeleSign from time to time in itsdiscretion provided any such updates do not result in the material degradationof the original privacy and security protections as may be required byApplicable Law.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Effective Date<\/strong>\u201d means the date thatyou accept these Terms of Service by clicking \u201cGet Started\u201d on the accountapplication page (or other mechanism provided), subject to successfulcompletion of identity verification and any other checks carried out byTeleSign in its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Fees<\/strong>\u201d means the fees and chargespayable to TeleSign pursuant to this Agreement for the Services, as listed inapplicable Price Plans.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Free Trial<\/strong>\u201d means Client\u2019s use of theServices for the period of time, number of transactions, amount of credit, orother limitation stated by TeleSign, commencing on the Effective Date.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Inappropriate Content<\/strong>\u201d means anycontent which (a) is unsolicited, including without limitation, unauthorized\u201cbulk\u201d or \u201cspam\u201d messages;&nbsp; (b) contains or introduces \u201cviruses\u201d, \u201cworms\u201d,\u201cTrojan Horses\u201d, \u201ce-mail bombs\u201d, \u201ccancel bots\u201d or other similar computerprogramming routines; (c) is in any way in breach of Applicable Law orotherwise unlawful; (d) infringes the intellectual property or privacy or otherrights of any person, including without limitation the Intellectual PropertyRights of TeleSign; (e) violates the Content Standards; (f) is misleading ordeceptive; (g) is offensive to public morals, decency or sensibilities; or (h)executes, initiates or causes \u201dphishing\u201d or social engineering activities.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Intellectual Property Rights<\/strong>\u201d meansall trade secrets, patents and patent applications, trademarks, services marks,trade names, internet domain names, copyrights (including copyrights incomputer software), moral rights, rights in knowhow and any renewals orextensions of the foregoing, and all other proprietary rights, and all otherequivalent or similar rights which may subsist anywhere in the world, includingany renewals or extensions thereof.&nbsp;&nbsp;<strong id=\"\">&nbsp;<\/strong><\/p>\n<p id=\"\">\u201c<strong id=\"\">Licensed Data<\/strong>\u201d means the resultsreturned to Client by or on behalf of TeleSign in response to Client submittingClient Data as part of the Services.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Personal Information<\/strong>\u201d means anyinformation about an identified individual, or an individual whose identity maybe inferred or determined from the information.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Price Plan<\/strong>\u201d means the schedule of Feesfor a particular Service located at&nbsp;https:\/\/www.telesign.com\/pricing\/sms-and-voice, which may be updated from time to time byTeleSign at its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Privacy Policy<\/strong>\u201d means TeleSign\u2019sprivacy policy located at&nbsp;<a href=\"https:\/\/www.telesign.com\/privacy-notice\" id=\"\">https:\/\/www.telesign.com\/privacy-notice <\/a>, as may be updated by TeleSign from time totime at its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Proprietary Marks<\/strong>\u201d has the meaninggiven in section 2.4.<\/p>\n<p id=\"\">\u201c<strong id=\"\">SDK<\/strong>\u201d means a software development kitmade available to Client by TeleSign to enable Client to develop applicationsto make use of the Services and is licensed to Client in accordance withTeleSign\u2019s SDK license agreement, which may be either available at&nbsp;https:\/\/www.telesign.com\/telesign-sdk-license-agreement\/&nbsp;or within the SDK, as applicable, theterms of which may be amended by TeleSign from time to time at its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Services<\/strong>\u201d means all products offeredby TeleSign, now or in the future, as described at&nbsp;https:\/\/www.telesign.com\/services&nbsp;or otherwise provided by TeleSign, andincluding any services delivered or accessed via an SDK or the Client Portal(including but not limited to outbound and inbound SMS messages and telephonecalls to and from Users).<\/p>\n<p id=\"\">\u201c\u201c<strong id=\"\">SPAM Policy<\/strong>\u201d means the SPAM policy setout in section 2 of the Acceptable Use Policy.<\/p>\n<p id=\"\">\u201c<strong id=\"\">TeleSign<\/strong>\u201d, \u201c<strong id=\"\">we<\/strong>\u201d or \u201c<strong id=\"\">us<\/strong>\u201dmeans TeleSign Corporation, a California corporation located at 13274 Fiji WaySuite 600, Marina del Rey, CA&nbsp; 90292, and its Affiliates.<\/p>\n<p id=\"\"><strong id=\"\">Transaction<\/strong>\u201d means each submission of Client Data to the Services by or onbehalf of Client or a Client Affiliate or any User, including but not limitedto any submission of voice or SMS content, or any other request to the ClientPortal for any Service. &nbsp;Any submission of SMS content that requiressplitting into more than one message shall be treated as a separate Transactionfor each SMS sent or received by TeleSign.&nbsp; Any submission of Voicecontent will be charged on a per minute basis. For any Services for which Feesare charged upon verification, the Transaction shall be deemed complete when aresponse confirming verification or failure to verify has been received byTeleSign from the relevant SDK or other delivery mechanism.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Term<\/strong>\u201d means the term of thisAgreement, as defined in section 2.1 of the Agreement.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Upgrade<\/strong>\u201d means the process of upgradingthe Client\u2019s account from the Free Trial into a fully functional account byentering valid payment details in the Client Portal.<\/p>\n<p id=\"\">\u201c<strong id=\"\">User<\/strong>\u201d means any customer, client orother user of Client\u2019s services in respect of whom Client Data is submitted.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Website Terms &amp; Conditions<\/strong>\u201d meansthe terms and conditions governing use of TeleSign\u2019s website located at&nbsp;https:\/\/www.telesign.com\/terms-conditions\/, as may be updated by TeleSign from time totime at its discretion<\/p>\n<p id=\"\">2.&nbsp;&nbsp;&nbsp;&nbsp;<strong id=\"\">Scopeof Services &amp; Agreement<\/strong><\/p>\n<p id=\"\">2.1&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Term.&nbsp;The Agreement shall commence on the Effective Date and continue untilterminated by either Party in accordance with this Agreement (the \u201c<strong id=\"\">Term<\/strong>\u201d).<\/p>\n<p id=\"\">2.2&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Services<strong id=\"\">.&nbsp;&nbsp;<\/strong>Subjectto the terms and conditions of this Agreement, and effective upon the EffectiveDate, TeleSign shall make the Services available to the Client during theTerm.&nbsp; Such Services will be provided via TeleSign\u2019s API, SDK or theClient Portal.<\/p>\n<p id=\"\">2.3&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ServiceLevels.<strong id=\"\">&nbsp;&nbsp;<\/strong>The Services will materially comply with theService definitions set out in this Agreement and any associated documentation,provided that the Services may be affected in the following circumstances:<\/p>\n<p id=\"\">(a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;TeleSign may temporarily suspend or discontinue the Services, with advancenotice if practicable, at any time if:<\/p>\n<p id=\"\">(i)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;TeleSign has reasonable cause to suspect that the Services are being used totransmit Inappropriate Content or to commit fraud;<\/p>\n<p id=\"\">(ii)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;TeleSign reasonably believes such action is necessary to avoid an imminentmaterial threat of harm to TeleSign, its Affiliates, Clients, Users, or anythird party; or<\/p>\n<p id=\"\">(iii)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;the Client Portal or Services require maintenance or repair; and<\/p>\n<p id=\"\">(b)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;TeleSign may, upon written notice (including via email), suspend provision ofthe Services if:<\/p>\n<p id=\"\">(i)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;any Fees are due and unpaid;<\/p>\n<p id=\"\">(ii)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Client or any Users fail to comply with the Acceptable Use Policy; or<\/p>\n<p id=\"\">(iii)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;any agreement between TeleSign and a Carrier on which the Services are reliantis suspended or terminated.<\/p>\n<p id=\"\">2.4&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;IntellectualProperty Rights.&nbsp; Except as specifically set forth herein, TeleSignretains all right, title, and interest, including all Intellectual PropertyRights, relating to or embodied in the Services, including without limitationall technology, hardware, software, systems and copies of the foregoingrelating to the Services, including without limitation any upgrades, updates,or modifications thereof or otherwise.&nbsp; Such Intellectual Property Rightsare licensed, not sold, solely for use by Client under the terms of thisAgreement.&nbsp;&nbsp; All graphics, logos, service marks, and trade names,including company names, third party names, product names, and brand namesrelating to products or services of each Party (collectively and respectively,each Party\u2019s \u201c<strong id=\"\">Proprietary Marks<\/strong>\u201d) are the trademarks of such Party.Except as set out in this Agreement, neither Party may alter, add to or removefrom the other Party\u2019s products or services, any of the other Party\u2019sProprietary Marks, copyright notices or other proprietary rights markings, oruse any of the other Party\u2019s Proprietary Marks without the prior writtenpermission of the other Party, which shall be at the exclusive discretion ofthe other Party.<\/p>\n<p id=\"\">2.5 &nbsp; &nbsp; &nbsp;Additional Features:<\/p>\n<p id=\"\">(a) For the avoidance of doubt, any AdditionalFeature used by the Client is deemed to form part of the Services. Any insightsor other information provided to Client by TeleSign as part of an AdditionalFeature shall&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;beconsidered to be Licensed Data, as defined in this Agreement.<\/p>\n<p id=\"\">(b) Client\u2019s use of any Additional Feature andsuch Licensed Data is subject to all terms and conditions set out in thisAgreement, including the Acceptable Use Policy.<\/p>\n<p id=\"\">(c) Except to the extent expressly statedherein, TeleSign provides no warranty or commitment in relation to anyAdditional Feature, including but not limited to the accuracy, timeliness orquality of any Licensed Data&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;provided as part of such feature.<\/p>\n<p id=\"\">(d) TeleSign reserves the right at any time toimmediately suspend or cease providing any Additional Feature without notice.<\/p>\n<p id=\"\">3.&nbsp;&nbsp;&nbsp;&nbsp;<strong id=\"\">WebsiteTerms &amp; Conditions<\/strong><\/p>\n<p id=\"\">3.1&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Clientshall, and shall ensure that its employees, agents, contractors, affiliates andany Users, comply with TeleSign\u2019s Website Terms &amp; Conditions.<\/p>\n<p id=\"\">4.&nbsp;&nbsp;&nbsp;&nbsp;<strong id=\"\">FreeTrial&nbsp;for eligible Services<\/strong><\/p>\n<p id=\"\">The following terms and conditions apply toClient\u2019s use of eligible Services during the Free Trial:<\/p>\n<p id=\"\">4.1&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;FreeTrial.&nbsp; Client may evaluate the Services at no charge up to a maximumof the number of Transactions or credit stated on the Client Portal &nbsp;(\u201c<strong id=\"\">MaximumTransactions<\/strong>\u201d) during the Free Trial. If Client exceeds the number ofMaximum Transactions allowed, TeleSign may invoice Client for such Transactionsin excess of the Maximum Transactions at a fee of $0.10 per Transaction.&nbsp;Any such fees shall be payable within 30 days of the date of invoice.&nbsp; Ifthe Maximum Transactions are reached, TeleSign reserves the right to ceaseproviding Services immediately and without notice.<\/p>\n<p id=\"\">4.2&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Evaluationonly.&nbsp; Client agrees to use the Services solely for its own internalanalysis to evaluate and determine the acceptability of the Services andwhether Client has an interest in obtaining, as appropriate, the Services fromTeleSign for use by Client.&nbsp; Client is prohibited from using the Servicesfor any other purposes whatsoever (including any commercial purpose), until andunless Client Upgrades its account<\/p>\n<p id=\"\">4.3&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Suspension.&nbsp;TeleSign reserves the right to suspend or terminate the Services provided underthis Agreement at any time during the Free Trial in its discretion.<\/p>\n<p id=\"\">4.4&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Terminationof Free Trial.&nbsp; At the termination or expiry of the Free Trial:<\/p>\n<p id=\"\">(a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Client\u2019s right to use the Services, and TeleSign\u2019s commitment to provide theServices, shall cease unless and until Client Upgrades its account; and<\/p>\n<p id=\"\">(b)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Clientshall upon request by TeleSign destroy or delete (at TeleSign\u2019s discretion),the Confidential Information and all copies thereof and shall provide a writtencertification to TeleSign as to the destruction or deletion of the ConfidentialInformation from their computer systems.&nbsp; Client agrees to hold theprocesses and methodology of the Services in strict confidence and not to disclosesuch processes and methodology to any third party or to use it for any purposeother than as specifically authorized herein.&nbsp; Further, Client agrees thatany results of its evaluation of the Services and\/or reports generated therebyshall be considered and treated as TeleSign\u2019s Confidential Information.Client\u2019s obligations under this section shall survive any termination of thisAgreement.<\/p>\n<p id=\"\">4.5&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;NoFree Trial.&nbsp;Not all Services shall be eligible to receive the FreeTrial. For such Services, Client shall be required to pay the Fees for theServices, in accordance with the payment terms set out in section 5, uponsigning up for the said Services.<\/p>\n<p id=\"\">5.&nbsp;&nbsp;&nbsp;&nbsp;<strong id=\"\">AccountUpgrade, Fees &amp; Payment<\/strong><\/p>\n<p id=\"\">5.1&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;AccountUpgrade of Free Trial.&nbsp; At any time during or following expiry of theFree Trial, Client may Upgrade its account.&nbsp; Upon Upgrade, the Free Trialshall immediately cease, and Client shall be required to pay the Fees for theServices, in accordance with the payment terms set out in this section 5.&nbsp;Client hereby irrevocably commits to pay all Fees for the Services uponUpgrading its account.<\/p>\n<p id=\"\">5.2&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Fees.&nbsp;If there is a Fee expressed for any element of the Services in a Price Plan,TeleSign shall charge Client such Fee for each Transaction and\/or Service asdescribed in the relevant Price Plan. &nbsp;The Fee stated for the Servicesexcludes all applicable taxes and currency exchange settlements, unless statedotherwise. Client is solely responsible for paying any such taxes or othercharges. TeleSign reserves the right to change the Price Plans, Fees and\/orformulae by which the Fees are calculated by notifying Client from time totime.&nbsp; Such notification may be made by updating Price Plans and\/or viaemail or other notification on the Client Portal.&nbsp; TeleSign will endeavorto provide at least five (5) days in advance of any such change(s), unless suchchanges result from regulatory requirement or changes imposed by Carriers onless than 5 days\u2019 notice.<\/p>\n<p id=\"\">5.3&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Paymentterms.<\/p>\n<p id=\"\">(a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;USD.&nbsp;All payments by Client hereunder shall be made only in United States Dollars.<\/p>\n<p id=\"\">(b)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Billinginformation &amp; disputes.&nbsp; TeleSign will provide usage and billinginformation on the&nbsp;Client Portal.&nbsp; Client must notify TeleSign of anydispute in relation to Fees within 60 days of the relevant Services beingdelivered, in which case TeleSign and Client will cooperate to investigate andresolve the dispute.&nbsp; Client waives its right to challenge any Fees notdisputed within such time, and TeleSign is hereby released from all liability andclaims of loss resulting from any error not notified within such time.<\/p>\n<p id=\"\">(c)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Paymentmethod.&nbsp; To pay the Fees for any Service, you are required to providea valid payment method at the time you sign up for that Service. You can accessand change your payment method at any time via the Client Portal.&nbsp; Youhereby authorise TeleSign to use any account information regarding yourselected payment method provided or required by your issuing bank. You agree topromptly update your account and other information, including your emailaddress and payment method details.<\/p>\n<p id=\"\">(d)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Paymentinformation.&nbsp;&nbsp; By providing TeleSign with a paymentmethod,&nbsp;(including credit card details)&nbsp;you (i) represent that youare authorized to use the payment method that you provided and that any paymentinformation you provide is true and accurate; and (ii) authorize TeleSignto&nbsp;store such payment method&nbsp;charge Client for the Services usingsuch payment method.<\/p>\n<p id=\"\">(e)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Paymenttiming.&nbsp; Fees may be payable via (a) prepayment; (b) post-payment; or(c) on a recurring basis for subscription Services. Also, we may charge you upto the amount you have approved, and we will notify you in advance of anychange in the amount to be charged for recurring subscription Services. We maybill you at the same time for more than one of your prior billing periods foramounts that haven\u2019t previously been processed.<\/p>\n<p id=\"\">(f)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Prepayment.&nbsp;Unless stated otherwise, Fees shall be payable via prepayment.&nbsp; Clientmust purchase account credit using the payment method given during accountUpgrade (as such details may be amended from time to time).&nbsp; Client agreesto the use and storage of its payment method details (including credit carddetails) for such purpose.&nbsp; Client irrevocably authorizes TeleSign to usesuch account credit to pay for any Services used by Client.<\/p>\n<p id=\"\">(g)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;AutomaticTop-up.&nbsp; If you have selected the relevant option via the ClientPortal, when your credit balance reduces to zero or reaches a predeterminedlevel, the account balance may be automatically replenished by an agreedamount.&nbsp; In such case, you authorize TeleSign to take payment for suchreplenishment via the payment method you have chosen.&nbsp; Such authorizationwill remain valid until you notify TeleSign otherwise.&nbsp; TeleSign willnotify you whenever such payment is taken.<\/p>\n<p id=\"\">(h)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Post-payment.&nbsp;In the event Services are provided on a post-payment basis, TeleSign shallissue invoices on a monthly basis, promptly following the end of each month,for the total amount of Fees due for Transactions submitted during that month.The invoice is due and payable thirty (30) calendar days from invoice date.<\/p>\n<p id=\"\">(i)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;RecurringPayments.&nbsp; When you purchase the Services on a subscription basis(e.g., monthly, every 3 months or annually (as applicable)), you acknowledgeand agree that you are authorizing recurring payment, and payments shall bemade to TeleSign by the method you have chosen at the recurring intervalschosen by you, until the subscription for that Service is terminated.Subscription fees are generally billed or charged in advance of the applicablesubscription period.<\/p>\n<p id=\"\">(j)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Prepaidto post-paid payment terms. Upon your request, TeleSign may approve yourmove from a prepayment model to a post-payment model for certainServices.&nbsp; Upon such approval, TeleSign may also require that you enterinto a separate Agreement with TeleSign to be executed prior to issuing credentials.<\/p>\n<p id=\"\">5.4&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Latepayment.&nbsp; Client shall be deemed to be in default hereunder if paymentof any undisputed Fees are not received by TeleSign within thirty (30) days ofthe invoice date and, in addition to its other remedies, TeleSign may chargeClient interest at that rate equal to the lesser of one and one half percent(1\u00bd %) per month or the maximum amount permitted by Applicable Law on all sumsthat remain unpaid at the expiration of such period.<\/p>\n<p id=\"\">5.5&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Suspension.&nbsp;TeleSign is entitled to suspend or cancel Client\u2019s account in the eventthat:&nbsp; (a) Client\u2019s account is inactive for 365 days; (b) Client\u2019s accountbalance reduces to zero or a negative balance and is not replenished by Clientimmediately; (c) Client\u2019s chosen payment method ceases to be a valid paymentmethod; or (d) any Fees for post-paid or recurring subscription Services arenot paid by the relevant due date.&nbsp; Suspension or cancellation may resultin Client Data or other content being lost or deleted, and TeleSign shall notbe liable for any such loss or deletion resulting from account suspension orcancellation.&nbsp; If Client\u2019s account balance reduces to zero or a negativebalance, Client may not be able to consume any Services until the accountbalance is replenished to a positive balance.<\/p>\n<p id=\"\">5.6&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Inactiveaccounts.&nbsp; If Client\u2019s account is inactive for 365 days, TeleSignreserves the right at its discretion to (a) refund any remaining credit balanceon Client\u2019s account to Client (less a reasonable administration fee); and\/or(b) discontinue Client\u2019s account and delete all data relating thereto; and\/or(c) retain any remaining credit balance on Client\u2019s account; and\/or (d) remitany remaining credit balance to an appropriate body as required by ApplicableLaw.&nbsp; \u201cInactive\u201d means Client has not entered into a Transaction to usethe Services, or accessed the Client Portal, during the relevant period.&nbsp;Notwithstanding the above, Client may at any time request to reactivate anycredit that has been retained by TeleSign.&nbsp; In such case, TeleSign shallact reasonably in deciding whether to reactivate any credit.<\/p>\n<p id=\"\">5.7&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Refunds.&nbsp;Unless otherwise provided by Applicable Law, all payment obligations cannot becancelled and are non-refundable. This refund policy does not affect anystatutory rights that may apply.&nbsp; Upon termination of the Agreement forany reason other than TeleSign\u2019s default, TeleSign may deal with any remainingcredit balance on Client\u2019s account as if Client\u2019s account had been inactive for365 days.<\/p>\n<p id=\"\">6.&nbsp;&nbsp;&nbsp;&nbsp;<strong id=\"\">Client\u2019sobligations<\/strong><\/p>\n<p id=\"\">6.1&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;AcceptableUse Policy.&nbsp; Client shall, and shall ensure that its employees,agents, contractors, affiliates and any Users, abide at all times withTeleSign\u2019s Acceptable Use Policy.<\/p>\n<p id=\"\">6.2&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ContentStandards.&nbsp; TeleSign and its subcontractors may, in their sole discretion,reject sending all or part of any content to any Carriers if in TeleSign\u2019sopinion such content does not comply with the Content Standards.&nbsp; TeleSignshall notify Client within five (5) days of the reasons for suchrejection.&nbsp; TeleSign shall not be liable for any rejection ofcontent.&nbsp; Client is solely responsible for ensuring that all content isaccurate, complete and correct, and shall be solely responsible for all claimsor liability arising from the distribution and publication of Client\u2019s content.&nbsp;TeleSign shall have no obligation to read, proofread or correct any contentsupplied by Client, nor any responsibility for its accuracy, completeness orcorrectness.<\/p>\n<p id=\"\">6.3&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;SPAMPolicy.&nbsp; TeleSign may immediately and without notice suspend theServices in whole or in part if TeleSign reasonably suspects the Client\u2019saccount is being used in breach of the SPAM Policy.<\/p>\n<p id=\"\">6.4&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Agents.&nbsp;Client is responsible for all use of the Services by any third partycontractor, agent, partner, intermediary, service provider or platform thatClient uses to receive or make use of the Services or connect to the clientportal or any other TeleSign computer systems or networks (\u201cAgent\u201d) (whetherwith or without Client\u2019s permission), and Client shall indemnify, defend andhold harmless TeleSign, its Affiliates, and their respective officers,directors, agents and employees against all liabilities, costs, expenses,damages and losses suffered or incurred arising out of any act or omission ofsuch Agent.<\/p>\n<p id=\"\">6.5&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Claims.&nbsp;Client must immediately inform TeleSign if any User or third party makes orthreatens to make any claim against Client or a Client Affiliate regarding theServices.<\/p>\n<p id=\"\">7.&nbsp;&nbsp;&nbsp;&nbsp;<strong id=\"\">Privacy&amp; Data Protection<\/strong><\/p>\n<p id=\"\">7.1&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;PrivacyPolicy.&nbsp; The Parties shall each comply with TeleSign\u2019s Privacy Policy,and Client acknowledges and authorizes TeleSign\u2019s use of data in accordancewith the Privacy Policy, the terms of which may be amended by TeleSign fromtime to time at its discretion.<\/p>\n<p id=\"\">7.2&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;DataProtection Laws.&nbsp; The Parties shall each perform its obligations underthis Agreement in compliance with all Applicable Laws relating to theprotection of privacy and data, in the provision and use of the Services as setout in the DPA.<\/p>\n<p id=\"\">7.3&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ClientData.&nbsp; TeleSign shall use Client Data only as described in thisAgreement, the DPA and the Privacy Policy, and otherwise to provide, maintain,and improve the Services.&nbsp; TeleSign shall process and protect Client Datain accordance with the DPA.&nbsp; Client Data, including any PersonalInformation therein, may be stored and processed in the United States or anyother countries in which TeleSign maintains facilities. &nbsp;Client Data mayalso be shared with:<\/p>\n<p id=\"\">(a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Carriers and other third party service providers for the purpose of deliveringthe Services to Client;<\/p>\n<p id=\"\">(b)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; thirdparties in response to government or regulatory requirement; and<\/p>\n<p id=\"\">(c)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; thirdparties on an anonymized or aggregated basis, such that Client and Users maynot be directly identified.<\/p>\n<p id=\"\">Client consents to any such use andprocessing, and appoints TeleSign to conduct such a transfer on Client\u2019s behalfin order to provide the Services.<\/p>\n<p id=\"\">7.4&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Consent.&nbsp;Client shall provide all Users with any disclosure or explanation required byApplicable Laws concerning the Client\u2019s use of the Services, and obtain,maintain and secure any necessary consent and authorizations from Users thatmay be required by Applicable Laws in order to authorize TeleSign\u2019s provisionof the Services, or otherwise ensure a lawful basis for TeleSign\u2019s provision ofthe Services and processing of Client Data, including any Personal Information.<\/p>\n<p id=\"\">7.5&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ThirdParty Data Providers.&nbsp; The Licensed Data may include data obtained bythird parties such as Carriers.&nbsp; Client hereby consents to the disclosureby TeleSign of Client\u2019s (and its Users\u2019) identity to such third parties, forthe limited purpose of ensuring that TeleSign is complying with the terms ofits agreements with such third parties.&nbsp; If any such third party requiresUsers to provide specific consent to enable the provision of the Services,Client shall reasonably cooperate with TeleSign to confirm the sufficiency ofsuch consent.<\/p>\n<p id=\"\">7.6&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Contentfiltering.&nbsp; TeleSign is entitled to (either by its own processing ofClient Data or by the transfer of Client Data to third party service providers)carry out content filtering, review and other procedures for the purpose ofensuring Client Data and the sending thereof complies with Applicable Law,including but not limited to the prevention of the sending of unsolicitedcommunications, or \u201cspam\u201d.&nbsp; For the avoidance of doubt, such procedures donot absolve Client of any obligation to ensure compliance with Applicable Law,nor does TeleSign give any warranty that such procedures will ensure compliancewith Applicable Law.<\/p>\n<p id=\"\">7.7&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Re-useof data.&nbsp; Client acknowledges that as part of providing the Services,TeleSign may assess Client Data for the purpose of calculating the fraud riskof a particular transaction.&nbsp; Client consents to the results of each suchassessment, including any telephone number to which such assessment relates, beingre-used by TeleSign for the purposes of improving the Services and providingfuture fraud identification, prevention and risk assessment.<\/p>\n<p id=\"\">7.8&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;TeleSignnews and updates.&nbsp; If you selected the \u201cI would like to receiveTeleSign news and updates\u201d checkbox when signing up for your Free Trial orUpgrading your account, Client hereby consents to receiving TeleSign news,updates and other marketing messages, until such time as Client revokes suchconsent.<\/p>\n<p id=\"\">8.&nbsp;&nbsp;&nbsp;&nbsp;<strong id=\"\">Confidentiality<\/strong><\/p>\n<p id=\"\">8.1&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ConfidentialInformation.&nbsp; As used herein, \u201c<strong id=\"\">Confidential Information<\/strong>\u201d meansall confidential and proprietary information of a Party (\u201c<strong id=\"\">Disclosing Party<\/strong>\u201d)disclosed to the other Party (\u201c<strong id=\"\">Receiving Party<\/strong>\u201d) that (a) if disclosedorally is designated as confidential at the time of disclosure, (b) ifdisclosed in writing is marked as \u201cConfidential\u201d and\/or \u201cProprietary\u201d, or (c)reasonably should be understood to be confidential given the nature of theinformation and the circumstances of disclosure, including, the terms andconditions of this Agreement (including pricing and other commercial terms)and\/or of provision of the Services, screen shots of the Services, pricing inproposals, business and marketing materials, technology and technicalinformation, product designs, and business processes.&nbsp; Licensed Data shallbe deemed to be TeleSign\u2019s Confidential Information.&nbsp; Notwithstanding theforegoing, each Party may disclose the existence and terms of this Agreement,in confidence on terms no less strict than as set out herein, to a potential purchaserof or successor to any portion of such Party\u2019s business resulting from thereorganization, spin-off, or sale of all or a portion of all of the assets ofany business, division, or group of such Party.&nbsp; Confidential Informationshall not include any information that:&nbsp; (i) is or becomes generally knownto the public without breach of any obligation owed to the Disclosing Party;(ii) was known to the Receiving Party prior to its disclosure by the DisclosingParty without breach of any obligation owed to the Disclosing Party; (iii) wasindependently developed by the Receiving Party without breach of any obligationowed to the Disclosing Party, which can be demonstrated with clear andconvincing evidence; or (iv) is received from a third party without breach ofany obligation owed to the Disclosing Party.<\/p>\n<p id=\"\">8.2&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Confidentiality.&nbsp;The Receiving Party shall not disclose or use any Confidential Information ofthe Disclosing Party for any purpose outside the scope of this Agreement,except with the Disclosing Party\u2019s prior written permission.&nbsp;Notwithstanding the foregoing, the Receiving Party may disclose suchConfidential Information to those of its employees, contractors and Affiliateswho need to know such information for purposes of performing or receiving theServices and certifies that such employees and contractors have agreed, eitheras a condition of employment or in order to obtain the ConfidentialInformation, to be bound by terms and conditions substantially similar to thosein this Agreement.&nbsp; The Receiving Party shall use the same degree of careto protect the Confidential Information as it uses to protect its owninformation of a confidential and proprietary nature, but in no event shall ituse less than a commercially reasonable degree of care.<\/p>\n<p id=\"\">8.3&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;CompelledDisclosure.&nbsp; If the Receiving Party is compelled by Applicable Law todisclose Confidential Information of the Disclosing Party, it shall provide theDisclosing Party with prior notice of such compelled disclosure (to the extentlegally permitted) and reasonable assistance, at Disclosing Party\u2019s cost, ifthe Disclosing Party wishes to contest the disclosure.<\/p>\n<p id=\"\">9.&nbsp;&nbsp;&nbsp;&nbsp;<strong id=\"\">Warranties,Indemnity, Liability &amp; Termination<\/strong><\/p>\n<p id=\"\">9.1&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;PersonalWarranty.&nbsp; You (the person entering into this Agreement on behalf ofClient) hereby confirm and warrant that: (a) you are authorized to commit theClient to the terms and conditions of this Agreement; and (b) when registeringClient\u2019s account, you will provide true, accurate, up-to-date and completeinformation about the Client, and will keep that information true, accurate,up-to-date and complete for the duration of the Term.<\/p>\n<p id=\"\">9.2&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ClientWarranty.&nbsp; Client warrants and represents that, in the use of theServices, it will: (a) comply with the Acceptable Use Policy; (b) use theServices and the Licensed Data in compliance with all Applicable Laws; and (c)obtain and maintain all necessary licenses, consents and permissions necessaryfor TeleSign to perform its obligations under this Agreement, including theprovision of the Services.<\/p>\n<p id=\"\">9.3&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Disclaimersof Warranty.<\/p>\n<p id=\"\">(a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Generaldisclaimers:&nbsp; EXCEPT AS PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBEDTO CLIENT \u201cAS IS\u201d AND WITH ALL FAULTS.&nbsp; EXCEPT AS PROVIDED FOR HEREIN,TELESIGN DOES NOT MAKE ANY REPRESENTATION AND\/OR WARRANTY OF ANY KINDWHATSOEVER, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THEHARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES,INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, AND\/OR ANY WARRANTY THAT PROVISION OF THESERVICES WILL BE UNINTERRUPTED OR ERROR FREE. CLIENT ACKNOWLEDGES THAT TELESIGNSECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OFITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERRORFREE.&nbsp; TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN.&nbsp;CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUTNOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISECONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOTRECEIVED, AND CONTENT SENT USING AND\/OR INCLUDED IN THE SERVICES (INCLUDINGWITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGALCONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENT.&nbsp; CLIENT ACKNOWLEDGESTHAT TELESIGN\u2019S SERVICES INCLUDE THE USE OF CARRIERS TO DELIVER MESSAGES, ANDTHAT TELESIGN IS NOT RESPONSIBLE FOR THE ULTIMATE DELIVERY OF MESSAGES BY SUCHCARRIERS, AND THAT MESSAGES MAY BE DELAYED OR NOT DELIVERED FOR REASONS OUTSIDETELESIGN\u2019S CONTROL, INCLUDING NETWORK FAILURE OR USER DEVICES BEING UNAVAILABLEFOR MESSAGE DELIVERY.<\/p>\n<p id=\"\">(b)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Nowarranties in service descriptions.&nbsp; FOR THE AVOIDANCE OF DOUBT,UNLESS EXPRESSLY STATED WITHIN THESE TERMS OF SERVICE, TELESIGN GIVES NOWARRANTIES IN RESPECT OF THE FUNCTIONALITY OR AVAILABILITY OF THE SERVICES,EVEN IF SUCH STATEMENTS ARE MADE BY AGENTS OF TELESIGN, OR IN PUBLISHEDDOCUMENTATION ON TELESIGN\u2019S WEBSITE, AND EVEN IF SUCH DOCUMENTATION ISACCESSIBLE VIA LINKS FROM TELESIGN\u2019S WEBSITE OR THIS AGREEMENT.&nbsp; IN THEEVENT OF ANY INCONSISTENCY BETWEEN THESE TERMS OF SERVICE AND ANY SUCHDOCUMENTATION, THESE TERMS OF SERVICE SHALL PREVAIL.<\/p>\n<p id=\"\">(c)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Compliancewith Content Standards.&nbsp; Client is solely responsible for anycompliance with any legislation, rules and regulations as described in theContent Standards.&nbsp; TeleSign does not warrant that the Services willcomply with such legislation, rules and regulations, and excludes all liabilityresulting from any breach thereof caused by non-compliance with the ContentStandards.<\/p>\n<p id=\"\">(d)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Nowarranties relating to beta services:&nbsp; From time to time, TeleSign mayinvite Client to participate in a program to use beta services.&nbsp; Betaservices are not generally available and may contain bugs, errors, defects orharmful elements.&nbsp; Accordingly, TeleSign provides beta services to you \u201casis.\u201d &nbsp;TeleSign makes no warranties of any kind with respect to betaservices, whether express, implied, statutory or otherwise, including anyimplied warranties of merchantability, fitness for a particular purpose, ornon-infringement. Notwithstanding any published documentation that statesotherwise, TeleSign does not warrant that beta services will be error-free orthat they will meet any specified service level, or will operate without erroror interruption.<\/p>\n<p id=\"\">9.4&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Indemnity.&nbsp;Client shall indemnify, defend and hold harmless TeleSign, its affiliates, andtheir respective officers, directors, agents and employees (the \u201c<strong id=\"\">IndemnifiedParties<\/strong>\u201d) against all liabilities, costs, expenses, damages and losses(including all legal costs, reasonable attorneys\u2019 fees and any damages orsettlement amounts) suffered or incurred by the Indemnified Parties arising outof any claim made by any third party related to or arising from: (i) any actualor alleged infringement or violation of any Intellectual Property Rights of anyperson or entity; and\/or (ii) any breach of an express warranty set out in thisAgreement by the Client or any User; and\/or (iii) any breach of the AUP byClient or any User; and\/or (iv) any act or omission of Client or any User inbreach of any of the terms and conditions set out herein; and\/or (v) any act oromission of Client or its Users in relation to Client\u2019s use of the Services orClient Portal, except to the extent that such claim arises as a direct resultof any act or omission of the Indemnified Parties in breach of this Agreement.<\/p>\n<p id=\"\">9.5&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Limitationof Liability.&nbsp; TELESIGN\u2019S AGGREGATE LIABILITY TO CLIENT ARISING FROMOR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, UNDER ANY LEGALTHEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL IN NO EVENT EXCEED THETOTAL OF ALL AMOUNTS PAID BY CLIENT TO TELESIGN FOR THE TWELVE (12) MONTHPERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE LIABILITY AROSE.&nbsp; INNO EVENT SHALL TELESIGN BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ORCONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST INCOME,LOST PROFITS, PRESENT AND FUTURE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASEDON BREACH OF CONTRACT, BREACH OF WARRANTY (EXPRESS OR IMPLIED), ACTIVE ORPASSIVE NEGLIGENCE, INTENTIONAL OR UNINTENTIONAL TORT, STRICT LIABILITY,VIOLATION OF STATUTE, ORDINANCE OR REGULATION, FAILURE OF CONSIDERATION, OROTHER BASIS, ARISING OUT OF THE PROVISION OF THE SERVICES.&nbsp; DURING THEFREE TRIAL, TELESIGN\u2019S LIABILITY SHALL NOT EXCEED ONE HUNDRED US DOLLARS (USD100.00).&nbsp; THE PROVISIONS OF THIS SECTION 9.5 ALLOCATE THE RISKS UNDER THISAGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONSSET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. &nbsp;Notwithstandingthe foregoing, neither Party excludes or limits liability to the other Partyfor: (i) fraud or fraudulent misrepresentation; (ii) death or personal injurycaused by negligence; (iii) intentional misconduct or gross negligence; and\/or(iv) if such exclusion or limitation would be in breach of any Applicable Law.<\/p>\n<p id=\"\">9.6&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Termination.<\/p>\n<p id=\"\">(a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Without affecting any other right or remedy available to it, either Party mayterminate this Agreement with immediate effect by giving written notice to theother Party if the other Party commits a material breach of any term of thisAgreement which breach is irremediable or (if such breach is remediable) failsto remedy that breach within a period of 15 calendar days after being notifiedin writing to do so;<\/p>\n<p id=\"\">(b)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; EitherParty may terminate this Agreement for any or no cause with thirty (30) daysprior written notice.<\/p>\n<p id=\"\">(c)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Thetermination of this Agreement shall not release Client from its obligations andliability to TeleSign with respect to any Fees incurred up to and including thedate of termination (whether or not such Fees have been invoiced).&nbsp; Anysuch amounts shall become immediately due and payable upon termination.<\/p>\n<p id=\"\">(d)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Ontermination of this Agreement for any reason, all licenses granted under thisAgreement shall immediately terminate.&nbsp; Any rights, remedies, obligationsor liabilities of the Parties that have accrued up to the date of termination,including the right to payment of Fees incurred and to claim damages in respectof any breach of the Agreement which existed at or before the date oftermination shall not be affected or prejudiced.<\/p>\n<p id=\"\">(e)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Ontermination of this Agreement for any reason other than default by TeleSign,and except to the extent required by Applicable Law, TeleSign shall have noobligation to refund any prepaid account balance to Client.<\/p>\n<p id=\"\">10.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<strong id=\"\">Miscellaneous<\/strong><\/p>\n<p id=\"\">10.1&nbsp;&nbsp;&nbsp;&nbsp;Force Majeure.&nbsp;Neither Party shall be liable for any delay or failure in performance due toForce Majeure, which shall mean acts of God, earthquake, labor disputes,changes in law, regulation or government policy, riots, war, fire, flood,insurrection, sabotage, embargo, epidemics, acts or omissions of vendors orsuppliers, transportation difficulties, unavailability or interruption or delayin telecommunications or third party Services (including DNS propagation),failure of third party software or hardware or inability to obtain rawmaterials, supplies, or power used in or equipment needed.<\/p>\n<p id=\"\">10.2&nbsp;&nbsp;&nbsp;&nbsp;Assignment.&nbsp;Client may not assign this Agreement without the written consent of TeleSignwhich will not be unreasonably withheld.&nbsp; Subject to this restriction,this Agreement shall be binding on Client and TeleSign and each of oursuccessors and assigns.<\/p>\n<p id=\"\">10.3&nbsp;&nbsp;&nbsp;&nbsp;Use ofProprietary Marks. Each Party may use the other Party\u2019s Proprietary Markson its website and in promotional materials, solely to refer to the Client\u2019suse of the Services, and only in accordance with any usage guidelines providedby the other Party. All such use will inure to the benefit of the owner of theProprietary Marks. The first Party will not use, register or take any otheraction with respect to the other Party\u2019s Proprietary Marks, except to theextent allowed in advance in writing by the other Party. In using theProprietary Marks, the first Party must always use the then-current ProprietaryMarks and will not add to, delete from or modify any of Proprietary Marks. Thefirst Party shall not, at any time, present itself as an Affiliate, partner orother legal agent of the other Party. The limited license to use ProprietaryMarks under this section will cease automatically on termination of theAgreement.<\/p>\n<p id=\"\">10.4&nbsp;&nbsp;&nbsp;&nbsp;Waiver andAmendments.&nbsp; Except as expressly stated herein, No waiver, amendment,or modification of any provision of this Agreement shall be effective unlessagreed to by both parties in writing. No failure or delay by either Party inexercising any rights, power, or remedy under this Agreement shall operate as awaiver of any such right, power, or remedy.&nbsp; NOTWITHSTANDING THE PREVIOUS SENTENCE,TELESIGN SHALL BE ENTITLED TO AMEND ANY TERMS OF THIS AGREEMENT ON THE GIVINGOF NOT LESS THAN FIVE (5) DAYS\u2019 NOTICE TO CLIENT, SUCH NOTICE TO BE MADE VIAEMAIL OR ON THE CLIENT PORTAL.&nbsp; IF CLIENT CONTINUES TO USE THE SERVICESBEYOND SUCH NOTICE PERIOD, CLIENT SHALL BE DEEMED TO HAVE ACCEPTED SUCHAMENDMENT.&nbsp; IF CLIENT DOES NOT AGREE TO SUCH AMENDMENT, IT SHALL BEENTITLED TO TERMINATE THE AGREEMENT BY GIVING 30 DAYS\u2019 WRITTEN NOTICE TOTELESIGN AT ANY TIME DURING SUCH NOTICE PERIOD.<\/p>\n<p id=\"\">10.5&nbsp;&nbsp;&nbsp;&nbsp;Severability.&nbsp;Should any term of this Agreement be finally determined by a court of competentjurisdiction to be invalid, unenforceable or otherwise contrary to law orequity, the parties agree that such provision shall be construed, limited,modified or, if necessary, severed, to the extent necessary to eliminate itsinvalidity or unenforceability, and that the other provisions of this Agreementshall remain unaffected. If any part of this Agreement is determined to beinvalid or unenforceable pursuant to Applicable Law then the invalid orunenforceable provision will be deemed superseded by a valid, enforceableprovision that most closely matches the intent of the original provision andthe remainder of this Agreement shall continue in effect.<\/p>\n<p id=\"\">10.6&nbsp;&nbsp;&nbsp;&nbsp;Third PartyBeneficiaries.&nbsp; Except as expressly provided for herein, theprovisions of this Agreement are solely for the benefit of the parties heretoand not for the benefit of any third parties.<\/p>\n<p id=\"\">10.7&nbsp;&nbsp;&nbsp;&nbsp;Governing Law;Forum.&nbsp; The laws of the State of California shall exclusively governthis Agreement, without regard to any contrary conflicts of lawsprinciples.&nbsp; In event of a dispute arising under this Agreement, eachParty will make reasonable, good-faith efforts to resolve such disputeinformally.&nbsp; The parties agree to waive jury trial as to any claim,controversy or dispute arising under or related to this Agreement. All legaldisputes arising from this Agreement shall be resolved in the Federal and\/orState Courts of the County of Los Angeles, California.<\/p>\n<p id=\"\">10.8&nbsp;&nbsp;&nbsp;&nbsp;Headings;Attachments.<strong id=\"\">&nbsp;&nbsp;<\/strong>Headings used in this Agreement are providedfor convenience only and shall not be used to construe meaning or intent.&nbsp;The exhibits and attachments attached hereto are incorporated and made a partof this Agreement by this reference.<\/p>\n<p id=\"\">10.9&nbsp;&nbsp;&nbsp;&nbsp;IndependentContractor.&nbsp; Each Party is an independent contractor as to each otherand no agency, partnership, joint venture or any legal relationship other thanthat of independent contractor is established by thisAgreement.7.4&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;This Agreement constitutes the entire agreement between the Parties withrespect to the subject matter hereof and supersedes any and all written or oralprior agreements and understandings between the Parties.&nbsp; The Partieshereby agree to the execution of this Agreement remotely, by way of Clientaccepting these terms and conditions online.<\/p>\n<p id=\"\">10.10&nbsp;&nbsp;No impact on otherremedies.&nbsp; Except as otherwise expressly provided in this Agreement,each Party\u2019s remedies herein are in addition to any and all rights and remediesavailable to such Party at law or in equity.<\/p>\n<p id=\"\">10.11&nbsp;&nbsp;Export Restrictions.&nbsp;Client acknowledges that the laws and regulations of the United Statesrestrict the export and re-export of commodities and technical data of UnitedStates origin, including the Services. Without limiting the foregoing, Clientacknowledges that the Services are or may be subject to controls under theExport Administration Regulations promulgated by the U.S. Department ofCommerce. Client agrees not to export or re-export the Services in any form inviolation of the export laws of the United States or any foreign jurisdiction.Client represents and warrants that it is not listed on any U.S. governmentexclusion list, and will immediately cease use of TeleSign\u2019s Services and SDKupon being placed on any such list.<\/p>\n<p id=\"\">10.12&nbsp;&nbsp;Notices.&nbsp; Noticesshall be in writing and shall be personally delivered, delivered via courier orvia certified mail, or by email to the other Party at such address as may fromtime to time be designated by a Party. Notices shall be deemed effective uponreceipt, or if delivery is not effected by reason of some fault of theaddressee, when tendered.&nbsp; Notices to TeleSign must include a copy sentto&nbsp;legal@telesign.com.<\/p>\n<p id=\"\">10.13&nbsp;&nbsp;Survival.&nbsp;Sections 2.4, 3, 4.4, 5, 6, 7, 8, 9, 10.3 and 10.5-10.14 shall survive thetermination of this Agreement.<\/p>\n<p id=\"\">10.14&nbsp;&nbsp;Agreement Terms andPriority.&nbsp; This Agreement shall consist of these Terms of Service andall other policies, exhibits, attachments, addenda and amendments hereto.&nbsp;If there is an inconsistency between any of the provisions in those documents,the provisions in the Terms of Service shall prevail over the policy, exhibit,attachment or addendum.<\/p>\n<p id=\"\">&nbsp;<\/p>\n<p id=\"\">\u200d<\/p>\n<p id=\"\">\u200d<\/p>\n","protected":false},"excerpt":{"rendered":"<p>June 6, 2019\u200d\u200d&nbsp; This Agreement is executed as of the EffectiveDate defined below, and is between&nbsp;TeleSign&nbsp;and&nbsp;Client,as those terms are defined below (each a \u201cParty\u201d, and collectively, the\u201cParties\u201d). PLEASE REVIEW THIS AGREEMENT CAREFULLY. ONCEYOU CLICK \u201cGET STARTED\u201d, THIS AGREEMENT BECOMES A BINDING LEGAL COMMITMENTBETWEEN YOU, THE CLIENT AND TELESIGN. IF YOU DO NOT WANT THE CLIENT<\/p>\n","protected":false},"author":4,"featured_media":0,"template":"","categories":[],"tags":[],"class_list":["post-17416","legal","type-legal","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.2 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Telesign terms of service 06-19 - Telesign<\/title>\n<meta name=\"robots\" content=\"noindex, follow\" \/>\n<meta property=\"og:locale\" content=\"es_ES\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Telesign terms of service 06-19 - Telesign\" \/>\n<meta property=\"og:description\" content=\"June 6, 2019\u200d\u200d&nbsp; This Agreement is executed as of the EffectiveDate defined below, and is between&nbsp;TeleSign&nbsp;and&nbsp;Client,as those terms are defined below (each a \u201cParty\u201d, and collectively, the\u201cParties\u201d). PLEASE REVIEW THIS AGREEMENT CAREFULLY. ONCEYOU CLICK \u201cGET STARTED\u201d, THIS AGREEMENT BECOMES A BINDING LEGAL COMMITMENTBETWEEN YOU, THE CLIENT AND TELESIGN. IF YOU DO NOT WANT THE CLIENT\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-06-06-19\" \/>\n<meta property=\"og:site_name\" content=\"Telesign\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/TelesignCorp\/?utm_source=telesign.com\" \/>\n<meta property=\"article:modified_time\" content=\"2024-09-20T18:29:23+00:00\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data1\" content=\"31 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-06-06-19\",\"url\":\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-06-06-19\",\"name\":\"Telesign terms of service 06-19 - Telesign\",\"isPartOf\":{\"@id\":\"https:\/\/www.telesign.com\/es#website\"},\"datePublished\":\"2024-04-23T15:41:50+00:00\",\"dateModified\":\"2024-09-20T18:29:23+00:00\",\"breadcrumb\":{\"@id\":\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-06-06-19#breadcrumb\"},\"inLanguage\":\"es\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-06-06-19\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-06-06-19#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.telesign.com\/es\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Telesign terms of service 06-19\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.telesign.com\/es#website\",\"url\":\"https:\/\/www.telesign.com\/es\",\"name\":\"Telesign\",\"description\":\"Phone Number, SMS &amp; Identity Verification APIs | Telesign\",\"publisher\":{\"@id\":\"https:\/\/www.telesign.com\/es#organization\"},\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/www.telesign.com\/es?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"es\"},{\"@type\":\"Organization\",\"@id\":\"https:\/\/www.telesign.com\/es#organization\",\"name\":\"Telesign\",\"url\":\"https:\/\/www.telesign.com\/es\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"es\",\"@id\":\"https:\/\/www.telesign.com\/es#\/schema\/logo\/image\/\",\"url\":\"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/01\/62f4589601f1ea9dda43d66d_telesign-logo-generic.webp\",\"contentUrl\":\"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/01\/62f4589601f1ea9dda43d66d_telesign-logo-generic.webp\",\"width\":1200,\"height\":630,\"caption\":\"Telesign\"},\"image\":{\"@id\":\"https:\/\/www.telesign.com\/es#\/schema\/logo\/image\/\"},\"sameAs\":[\"https:\/\/www.facebook.com\/TelesignCorp\/?utm_source=telesign.com\"]}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Telesign terms of service 06-19 - Telesign","robots":{"index":"noindex","follow":"follow"},"og_locale":"es_ES","og_type":"article","og_title":"Telesign terms of service 06-19 - Telesign","og_description":"June 6, 2019\u200d\u200d&nbsp; This Agreement is executed as of the EffectiveDate defined below, and is between&nbsp;TeleSign&nbsp;and&nbsp;Client,as those terms are defined below (each a \u201cParty\u201d, and collectively, the\u201cParties\u201d). PLEASE REVIEW THIS AGREEMENT CAREFULLY. ONCEYOU CLICK \u201cGET STARTED\u201d, THIS AGREEMENT BECOMES A BINDING LEGAL COMMITMENTBETWEEN YOU, THE CLIENT AND TELESIGN. 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ONCE YOU CLICK \u201cGET STARTED\u201d, THIS AGREEMENT BECOMES A BINDING LEGAL COMMITMENT BETWEEN YOU, THE CLIENT AND TELESIGN. IF YOU DO NOT WANT THE CLIENT TO BE BOUND BY THIS AGREEMENT, DO NOT CLICK THE \u201cGET STARTED\u201d BUTTON AND DO NOT USE TELESIGN\u2019S SERVICES.<\/strong><\/p>\n<p id=\"\"><strong id=\"\">PLEASE NOTE \u2013 TELESIGN DOES NOT PROVIDE WARRANTIES IN RESPECT OF THE SERVICES, THIS AGREEMENT LIMITS TELESIGN\u2019S LIABILITY, AND TELESIGN HAS THE RIGHT TO AMEND BOTH THESE TERMS OF SERVICE AND THE FEES WE CHARGE FOR THE SERVICES. &nbsp;PLEASE REVIEW SECTIONS 5.2, 9 &amp; 10.4 VERY CAREFULLY.<\/strong><\/p>\n<p id=\"\"><strong id=\"\"> <\/strong><\/p>\n<p id=\"\">In consideration of the mutual promises, agreements and conditions stated herein, the Parties agree as follows:<\/p>\n<p id=\"\"><strong id=\"\">1. Definitions<\/strong><\/p>\n<p id=\"\">Unless the context requires otherwise, the following terms shall have the meaning set out in this section 1 when used in this Agreement:<\/p>\n<p id=\"\">\u201c<strong id=\"\">Acceptable Use Policy<\/strong>\u201d or \u201c<strong id=\"\">AUP<\/strong>\u201d means the Client\u2019s and Users\u2019 obligations regarding use of the Services and Licensed Data as set out in <a href=\"\/acceptable-use-policy\" id=\"\">https:\/\/www.telesign.com\/acceptable-use-policy<\/a>, as may be updated by TeleSign from time to time at its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Additional Feature<\/strong>\u201d means any product feature which is not defined within the description of the Services, but which is introduced or made available to Client by TeleSign (including but not limited to the URL shortener and SMS Retriever features), regardless of whether TeleSign charges for such feature.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Affiliate<\/strong>\u201d means a company, person or entity that is owned or controlled by, that owns or controls or is under common ownership or control with a Party. &nbsp;Ownership shall mean direct or indirect ownership of more than 50% of the shares in a company or entity, and control shall mean any power to appoint persons to the board of directors of a company or entity.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Agreement<\/strong>\u201d means the terms and conditions set out in these Terms of Service, as such terms may be amended by TeleSign from time to time as described herein, including TeleSign\u2019s AUP, PSA, Privacy Policy, and any schedules, annexes, policies and service descriptions linked hereto.<\/p>\n<p id=\"\">\u201c<strong id=\"\">API<\/strong>\u201d means application programming interface made available to Client by TeleSign that allows Client to create applications to make use of the Services.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Applicable Law<\/strong>\u201d means any statute, statutory instrument, regulation, order and other legislative provision, including any delegated or subordinate legislation, and any judgment of a relevant court of law or decision of a tribunal or competent authority, to the extent any of the foregoing applies to a Party\u2019s performance of obligations under this Agreement in the relevant jurisdiction.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Carrier<\/strong>\u201d means any telecommunications service provider that may provide services used in the delivery of the Services, including SMS and voice interconnect and transit providers, data center operators, and fixed and mobile operators.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Client<\/strong>\u201d, \u201c<strong id=\"\">you<\/strong>\u201d or \u201c<strong id=\"\">your<\/strong>\u201d means the company entered into the Company Name field on the account application page of TeleSign\u2019s website when signing up to use the Services, as well as the person that completes the account application (where applicable).<\/p>\n<p id=\"\">\u201c<strong id=\"\">Client Data<\/strong>\u201d means any information transmitted by or on behalf of Client or a Client Affiliate during the execution of an electronic request to the Services.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Client Portal<\/strong>\u201d means a web portal maintained by TeleSign for TeleSign\u2019s customers where they can securely login using their credentials to access information regarding their TeleSign account such as their billing and recent account activity, and includes any other delivery mechanism for the Services provided by TeleSign, including but not limited to any SDK or API.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Content Standards<\/strong>\u201d means the content standards set out in section 1 of the Acceptable Use Policy.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Effective Date<\/strong>\u201d means the date that you accept these Terms of Service by clicking \u201cGet Started\u201d on the account application page (or other mechanism provided), subject to successful completion of identity verification and any other checks carried out by TeleSign in its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Fees<\/strong>\u201d means the fees and charges payable to TeleSign pursuant to this Agreement for the Services, as listed in applicable Price Plans.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Free Trial<\/strong>\u201d means Client\u2019s use of the Services for the period of time, number of transactions, amount of credit, or other limitation stated by TeleSign, commencing on the Effective Date.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Inappropriate Content<\/strong>\u201d means any content which (a) is unsolicited, including without limitation, unauthorized \u201cbulk\u201d or \u201cspam\u201d messages; &nbsp;(b) contains or introduces \u201cviruses\u201d, \u201cworms\u201d, \u201cTrojan Horses\u201d, \u201ce-mail bombs\u201d, \u201ccancel bots\u201d or other similar computer programming routines; (c) is in any way in breach of Applicable Law or otherwise unlawful; (d) infringes the intellectual property or privacy or other rights of any person, including without limitation the Intellectual Property Rights of TeleSign; (e) violates the Content Standards; (f) is misleading or deceptive; (g) is offensive to public morals, decency or sensibilities; or (h) executes, initiates or causes \u201dphishing\u201d or social engineering activities.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Intellectual Property Rights<\/strong>\u201d means all trade secrets, patents and patent applications, trademarks, services marks, trade names, internet domain names, copyrights (including copyrights in computer software), moral rights, rights in knowhow and any renewals or extensions of the foregoing, and all other proprietary rights, and all other equivalent or similar rights which may subsist anywhere in the world, including any renewals or extensions thereof. &nbsp;<strong id=\"\"> <\/strong><\/p>\n<p id=\"\">\u201c<strong id=\"\">Licensed Data<\/strong>\u201d means the results returned to Client by or on behalf of TeleSign in response to Client submitting Client Data as part of the Services.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Personal Information<\/strong>\u201d means any information about an identified individual, or an individual whose identity may be inferred or determined from the information.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Price Plan<\/strong>\u201d means the schedule of Fees for a particular Service located at https:\/\/www.telesign.com\/pricing\/sms-and-voice, which may be updated from time to time by TeleSign at its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Privacy and Security Addendum<\/strong>\u201d or \u201c<strong id=\"\">PSA<\/strong>\u201d means the addendum located at <a href=\"https:\/\/ts.telesign.com\/hubfs\/Legal\/TeleSign-Privacy-Security-Addendum-30-Mar-2016-ARCHIVED.pdf\" id=\"\">www.telesign.com\/telesign-PSA<\/a> in effect upon the Effective Date of this Agreement, and as may be updated by TeleSign from time to time in its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Privacy Policy<\/strong>\u201d means TeleSign\u2019s privacy policy located at <a href=\"\/privacy-notice\" id=\"\">https:\/\/www.telesign.com\/privacy-notice<\/a>, as may be updated by TeleSign from time to time at its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Proprietary Marks<\/strong>\u201d has the meaning given in section 2.4.<\/p>\n<p id=\"\">\u201c<strong id=\"\">SDK<\/strong>\u201d means a software development kit made available to Client by TeleSign to enable Client to develop applications to make use of the Services.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Services<\/strong>\u201d means all products offered by TeleSign, now or in the future, as described at <a href=\"\/services\" id=\"\">https:\/\/www.telesign.com\/services<\/a> or otherwise provided by TeleSign, and including any services delivered or accessed via an SDK or the Client Portal (including but not limited to outbound and inbound SMS messages and telephone calls to and from Users).<\/p>\n<p id=\"\">\u201c<strong id=\"\">SPAM Policy<\/strong>\u201d means the SPAM policy set out in section 2 of the Acceptable Use Policy.<\/p>\n<p id=\"\">\u201c<strong id=\"\">TeleSign<\/strong>\u201d, \u201c<strong id=\"\">we<\/strong>\u201d or \u201c<strong id=\"\">us<\/strong>\u201d means TeleSign Corporation, a California corporation located at 13274 Fiji Way Suite 500, Marina del Rey, CA &nbsp;90292, and its Affiliates.<\/p>\n<p id=\"\"><strong id=\"\">Transaction<\/strong>\u201d means each submission of Client Data to the Services by or on behalf of Client or a Client Affiliate or any User, including but not limited to any submission of voice or SMS content, or any other request to the Client Portal for any Service. &nbsp;Any submission of SMS content that requires splitting into more than one message shall be treated as a separate Transaction for each SMS sent or received by TeleSign. &nbsp;Any submission of Voice content will be charged on a per minute basis. For any Services for which Fees are charged upon verification, the Transaction shall be deemed complete when a response confirming verification or failure to verify has been received by TeleSign from the relevant SDK or other delivery mechanism.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Term<\/strong>\u201d means the term of this Agreement, as defined in section 2.1 of the Agreement.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Upgrade<\/strong>\u201d means the process of upgrading the Client\u2019s account from the Free Trial into a fully functional account by entering valid payment details in the Client Portal.<\/p>\n<p id=\"\">\u201c<strong id=\"\">User<\/strong>\u201d means any customer, client or other user of Client\u2019s services in respect of whom Client Data is submitted.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Website Terms &amp; Conditions<\/strong>\u201d means the terms and conditions governing use of TeleSign\u2019s website located at <a href=\"\/terms-conditions\" id=\"\">https:\/\/www.telesign.com\/terms-conditions<\/a>, as may be updated by TeleSign from time to time at its discretion<\/p>\n<p id=\"\"><strong id=\"\">2. Scope of Services &amp; Agreement<\/strong><\/p>\n<p id=\"\">2.1 &nbsp; &nbsp; &nbsp;Term. &nbsp;The Agreement shall commence on the Effective Date and continue until terminated by either Party in accordance with this Agreement (the \u201c<strong id=\"\">Term<\/strong>\u201d).<\/p>\n<p id=\"\">2.2 &nbsp; &nbsp; &nbsp;Services<strong id=\"\">. &nbsp;<\/strong>Subject to the terms and conditions of this Agreement, and effective upon the Effective Date, TeleSign shall make the Services available to the Client during the Term. &nbsp;Such Services will be provided via TeleSign\u2019s API, SDK or the Client Portal.<\/p>\n<p id=\"\">2.3 &nbsp; &nbsp; &nbsp;Service Levels.<strong id=\"\"> &nbsp;<\/strong>The Services will materially comply with the Service definitions set out in this Agreement and any associated documentation, provided that the Services may be affected in the following circumstances:<\/p>\n<p id=\"\">(a) &nbsp; &nbsp; &nbsp; TeleSign may temporarily suspend or discontinue the Services, with advance notice if practicable, at any time if:<\/p>\n<p id=\"\">(i) &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; TeleSign has reasonable cause to suspect that the Services are being used to transmit Inappropriate Content or to commit fraud;<\/p>\n<p id=\"\">(ii) &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;TeleSign reasonably believes such action is necessary to avoid an imminent material threat of harm to TeleSign, its Affiliates, Clients, Users, or any third party; or<\/p>\n<p id=\"\">(iii) &nbsp; &nbsp; &nbsp; &nbsp; the Client Portal or Services require maintenance or repair; and<\/p>\n<p id=\"\">(b) &nbsp; &nbsp; &nbsp; TeleSign may, upon written notice (including via email), suspend provision of the Services if:<\/p>\n<p id=\"\">(i) &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; any Fees are due and unpaid;<\/p>\n<p id=\"\">(ii) &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;Client or any Users fail to comply with the Acceptable Use Policy; or<\/p>\n<p id=\"\">(iii) &nbsp; &nbsp; &nbsp; &nbsp; any agreement between TeleSign and a Carrier on which the Services are reliant is suspended or terminated.<\/p>\n<p id=\"\">2.4 &nbsp; &nbsp; &nbsp;Intellectual Property Rights. &nbsp;Except as specifically set forth herein, TeleSign retains all right, title, and interest, including all Intellectual Property Rights, relating to or embodied in the Services, including without limitation all technology, hardware, software, systems and copies of the foregoing relating to the Services, including without limitation any upgrades, updates, or modifications thereof or otherwise. &nbsp;Such Intellectual Property Rights are licensed, not sold, solely for use by Client under the terms of this Agreement. &nbsp; All graphics, logos, service marks, and trade names, including company names, third party names, product names, and brand names relating to products or services of each Party (collectively and respectively, each Party\u2019s \u201c<strong id=\"\">Proprietary Marks<\/strong>\u201d) are the trademarks of such Party. Except as set out in this Agreement, neither Party may alter, add to or remove from the other Party\u2019s products or services, any of the other Party\u2019s Proprietary Marks, copyright notices or other proprietary rights markings, or use any of the other Party\u2019s Proprietary Marks without the prior written permission of the other Party, which shall be at the exclusive discretion of the other Party. &nbsp; Any SDK made available to Client is licensed to Client in accordance with TeleSign\u2019s SDK license agreement, which is available at <a href=\"\/telesign-sdk-license-agreement\" id=\"\">https:\/\/www.telesign.com\/telesign-sdk-license-agreement<\/a>, &nbsp;the terms of which may be amended by TeleSign from time to time at its discretion.<\/p>\n<p id=\"\">2.5 &nbsp; &nbsp; &nbsp;Additional Features:<\/p>\n<p id=\"\">(a) For the avoidance of doubt, any Additional Feature used by the Client is deemed to form part of the Services. Any insights or other information provided to Client by TeleSign as part of an Additional Feature shall &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; be considered to be Licensed Data, as defined in this Agreement.<\/p>\n<p id=\"\">(b) Client\u2019s use of any Additional Feature and such Licensed Data is subject to all terms and conditions set out in this Agreement, including the Acceptable Use Policy.<\/p>\n<p id=\"\">(c) Except to the extent expressly stated herein, TeleSign provides no warranty or commitment in relation to any Additional Feature, including but not limited to the accuracy, timeliness or quality of any Licensed Data &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; provided as part of such feature.<\/p>\n<p id=\"\">(d) TeleSign reserves the right at any time to immediately suspend or cease providing any Additional Feature without notice.<\/p>\n<p id=\"\"><strong id=\"\">3. Website Terms &amp; Conditions<\/strong><\/p>\n<p id=\"\">3.1 &nbsp; &nbsp; &nbsp;Client shall, and shall ensure that its employees, agents, contractors, affiliates and any Users, comply with TeleSign\u2019s Website Terms &amp; Conditions.<\/p>\n<p id=\"\"><strong id=\"\">4. Free Trial for eligible Services<\/strong><\/p>\n<p id=\"\">The following terms and conditions apply to Client\u2019s use of eligible Services during the Free Trial:<\/p>\n<p id=\"\">4.1 &nbsp; &nbsp; &nbsp;Free Trial. &nbsp;Client may evaluate the Services at no charge up to a maximum of the number of Transactions or credit stated on the Client Portal &nbsp;(\u201c<strong id=\"\">Maximum Transactions<\/strong>\u201d) during the Free Trial. If Client exceeds the number of Maximum Transactions allowed, TeleSign may invoice Client for such Transactions in excess of the Maximum Transactions at a fee of $0.10 per Transaction. &nbsp;Any such fees shall be payable within 30 days of the date of invoice. &nbsp;If the Maximum Transactions are reached, TeleSign reserves the right to cease providing Services immediately and without notice.<\/p>\n<p id=\"\">4.2 &nbsp; &nbsp; &nbsp;Evaluation only. &nbsp;Client agrees to use the Services solely for its own internal analysis to evaluate and determine the acceptability of the Services and whether Client has an interest in obtaining, as appropriate, the Services from TeleSign for use by Client. &nbsp;Client is prohibited from using the Services for any other purposes whatsoever (including any commercial purpose), until and unless Client Upgrades its account<\/p>\n<p id=\"\">4.3 &nbsp; &nbsp; &nbsp;Suspension. &nbsp;TeleSign reserves the right to suspend or terminate the Services provided under this Agreement at any time during the Free Trial in its discretion.<\/p>\n<p id=\"\">4.4 &nbsp; &nbsp; &nbsp;Termination of Free Trial. &nbsp;At the termination or expiry of the Free Trial:<\/p>\n<p id=\"\">(a) &nbsp; &nbsp; &nbsp; Client\u2019s right to use the Services, and TeleSign\u2019s commitment to provide the Services, shall cease unless and until Client Upgrades its account; and<\/p>\n<p id=\"\">(b) &nbsp; &nbsp; &nbsp; Client shall upon request by TeleSign destroy or delete (at TeleSign\u2019s discretion), the Confidential Information and all copies thereof and shall provide a written certification to TeleSign as to the destruction or deletion of the Confidential Information from their computer systems. &nbsp;Client agrees to hold the processes and methodology of the Services in strict confidence and not to disclose such processes and methodology to any third party or to use it for any purpose other than as specifically authorized herein. &nbsp;Further, Client agrees that any results of its evaluation of the Services and\/or reports generated thereby shall be considered and treated as TeleSign\u2019s Confidential Information. Client\u2019s obligations under this section shall survive any termination of this Agreement.<\/p>\n<p id=\"\">4.5 &nbsp; &nbsp; &nbsp;No Free Trial. Not all Services shall be eligible to receive the Free Trial. For such Services, Client shall be required to pay the Fees for the Services, in accordance with the payment terms set out in section 5, upon signing up for the said Services.<\/p>\n<p id=\"\"><strong id=\"\">5. Account Upgrade, Fees &amp; Payment<\/strong><\/p>\n<p id=\"\">5.1 &nbsp; &nbsp; &nbsp;Account Upgrade of Free Trial. &nbsp;At any time during or following expiry of the Free Trial, Client may Upgrade its account. &nbsp;Upon Upgrade, the Free Trial shall immediately cease, and Client shall be required to pay the Fees for the Services, in accordance with the payment terms set out in this section 5. &nbsp;Client hereby irrevocably commits to pay all Fees for the Services upon Upgrading its account.<\/p>\n<p id=\"\">5.2 &nbsp; &nbsp; &nbsp;Fees. &nbsp;If there is a Fee expressed for any element of the Services in a Price Plan, TeleSign shall charge Client such Fee for each Transaction and\/or Service as described in the relevant Price Plan. &nbsp;The Fee stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. Client is solely responsible for paying any such taxes or other charges. TeleSign reserves the right to change the Price Plans, Fees and\/or formulae by which the Fees are calculated by notifying Client from time to time. &nbsp;Such notification may be made by updating Price Plans and\/or via email or other notification on the Client Portal. &nbsp;TeleSign will endeavor to provide at least five (5) days in advance of any such change(s), unless such changes result from regulatory requirement or changes imposed by Carriers on less than 5 days\u2019 notice.<\/p>\n<p id=\"\">5.3 &nbsp; &nbsp; &nbsp;Payment terms.<\/p>\n<p id=\"\">(a) &nbsp; &nbsp; &nbsp; USD. &nbsp;All payments by Client hereunder shall be made only in United States Dollars.<\/p>\n<p id=\"\">(b) &nbsp; &nbsp; &nbsp; Billing information &amp; disputes. &nbsp;TeleSign will provide usage and billing information on the Client Portal. &nbsp;Client must notify TeleSign of any dispute in relation to Fees within 60 days of the relevant Services being delivered, in which case TeleSign and Client will cooperate to investigate and resolve the dispute. &nbsp;Client waives its right to challenge any Fees not disputed within such time, and TeleSign is hereby released from all liability and claims of loss resulting from any error not notified within such time.<\/p>\n<p id=\"\">(c) &nbsp; &nbsp; &nbsp; Payment method. &nbsp;To pay the Fees for any Service, you are required to provide a valid payment method at the time you sign up for that Service. You can access and change your payment method at any time via the Client Portal. &nbsp;You hereby authorise TeleSign to use any account information regarding your selected payment method provided or required by your issuing bank. You agree to promptly update your account and other information, including your email address and payment method details.<\/p>\n<p id=\"\">(d) &nbsp; &nbsp; &nbsp; Payment information. &nbsp; By providing TeleSign with a payment method, (including credit card details) you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize TeleSign to store such payment method charge Client for the Services using such payment method.<\/p>\n<p id=\"\">(e) &nbsp; &nbsp; &nbsp; Payment timing. &nbsp;Fees may be payable via (a) prepayment; (b) post-payment; or (c) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven\u2019t previously been processed.<\/p>\n<p id=\"\">(f) &nbsp; &nbsp; &nbsp; &nbsp;Prepayment. &nbsp;Unless stated otherwise, Fees shall be payable via prepayment. &nbsp;Client must purchase account credit using the payment method given during account Upgrade (as such details may be amended from time to time). &nbsp;Client agrees to the use and storage of its payment method details (including credit card details) for such purpose. &nbsp;Client irrevocably authorizes TeleSign to use such account credit to pay for any Services used by Client.<\/p>\n<p id=\"\">(g) &nbsp; &nbsp; &nbsp; Automatic Top-up. &nbsp;If you have selected the relevant option via the Client Portal, when your credit balance reduces to zero or reaches a predetermined level, the account balance may be automatically replenished by an agreed amount. &nbsp;In such case, you authorize TeleSign to take payment for such replenishment via the payment method you have chosen. &nbsp;Such authorization will remain valid until you notify TeleSign otherwise. &nbsp;TeleSign will notify you whenever such payment is taken.<\/p>\n<p id=\"\">(h) &nbsp; &nbsp; &nbsp; Post-payment. &nbsp;In the event Services are provided on a post-payment basis, TeleSign shall issue invoices on a monthly basis, promptly following the end of each month, for the total amount of Fees due for Transactions submitted during that month. The invoice is due and payable thirty (30) calendar days from invoice date.<\/p>\n<p id=\"\">(i) &nbsp; &nbsp; &nbsp; &nbsp;Recurring Payments. &nbsp;When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to TeleSign by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated. Subscription fees are generally billed or charged in advance of the applicable subscription period.<\/p>\n<p id=\"\">(j) &nbsp; &nbsp; &nbsp; &nbsp;Prepaid to post-paid payment terms. Upon your request, TeleSign may approve your move from a prepayment model to a post-payment model for certain Services. &nbsp;Upon such approval, TeleSign may also require that you enter into a separate Agreement with TeleSign to be executed prior to issuing credentials.<\/p>\n<p id=\"\">5.4 &nbsp; &nbsp; &nbsp;Late payment. &nbsp;Client shall be deemed to be in default hereunder if payment of any undisputed Fees are not received by TeleSign within thirty (30) days of the invoice date and, in addition to its other remedies, TeleSign may charge Client interest at that rate equal to the lesser of one and one half percent (1\u00bd %) per month or the maximum amount permitted by Applicable Law on all sums that remain unpaid at the expiration of such period.<\/p>\n<p id=\"\">5.5 &nbsp; &nbsp; &nbsp;Suspension. &nbsp;TeleSign is entitled to suspend or cancel Client\u2019s account in the event that: &nbsp;(a) Client\u2019s account is inactive for 365 days; (b) Client\u2019s account balance reduces to zero or a negative balance and is not replenished by Client immediately; (c) Client\u2019s chosen payment method ceases to be a valid payment method; or (d) any Fees for post-paid or recurring subscription Services are not paid by the relevant due date. &nbsp;Suspension or cancellation may result in Client Data or other content being lost or deleted, and TeleSign shall not be liable for any such loss or deletion resulting from account suspension or cancellation. &nbsp;If Client\u2019s account balance reduces to zero or a negative balance, Client may not be able to consume any Services until the account balance is replenished to a positive balance.<\/p>\n<p id=\"\">5.6 &nbsp; &nbsp; &nbsp;Inactive accounts. &nbsp;If Client\u2019s account is inactive for 365 days, TeleSign reserves the right at its discretion to (a) refund any remaining credit balance on Client\u2019s account to Client (less a reasonable administration fee); and\/or (b) discontinue Client\u2019s account and delete all data relating thereto; and\/or (c) retain any remaining credit balance on Client\u2019s account; and\/or (d) remit any remaining credit balance to an appropriate body as required by Applicable Law. &nbsp;\u201cInactive\u201d means Client has not entered into a Transaction to use the Services, or accessed the Client Portal, during the relevant period. &nbsp;Notwithstanding the above, Client may at any time request to reactivate any credit that has been retained by TeleSign. &nbsp;In such case, TeleSign shall act reasonably in deciding whether to reactivate any credit.<\/p>\n<p id=\"\">5.7 &nbsp; &nbsp; &nbsp;Refunds. &nbsp;Unless otherwise provided by Applicable Law, all payment obligations cannot be cancelled and are non-refundable. This refund policy does not affect any statutory rights that may apply. &nbsp;Upon termination of the Agreement for any reason other than TeleSign\u2019s default, TeleSign may deal with any remaining credit balance on Client\u2019s account as if Client\u2019s account had been inactive for 365 days.<\/p>\n<p id=\"\"><strong id=\"\">6. Client\u2019s obligations<\/strong><\/p>\n<p id=\"\">6.1 &nbsp; &nbsp; &nbsp;Acceptable Use Policy. &nbsp;Client shall, and shall ensure that its employees, agents, contractors, affiliates and any Users, abide at all times with TeleSign\u2019s Acceptable Use Policy.<\/p>\n<p id=\"\">6.2 &nbsp; &nbsp; &nbsp;Content Standards. &nbsp;TeleSign and its subcontractors may, in their sole discretion, reject sending all or part of any content to any Carriers if in TeleSign\u2019s opinion such content does not comply with the Content Standards. &nbsp;TeleSign shall notify Client within five (5) days of the reasons for such rejection. &nbsp;TeleSign shall not be liable for any rejection of content. &nbsp;Client is solely responsible for ensuring that all content is accurate, complete and correct, and shall be solely responsible for all claims or liability arising from the distribution and publication of Client\u2019s content. &nbsp;TeleSign shall have no obligation to read, proofread or correct any content supplied by Client, nor any responsibility for its accuracy, completeness or correctness.<\/p>\n<p id=\"\">6.3 &nbsp; &nbsp; &nbsp;SPAM Policy. &nbsp;TeleSign may immediately and without notice suspend the Services in whole or in part if TeleSign reasonably suspects the Client\u2019s account is being used in breach of the SPAM Policy.<\/p>\n<p id=\"\">6.4 &nbsp; &nbsp; &nbsp;Agents. &nbsp;Client is responsible for all use of the Services by any third party contractor, agent, partner, intermediary, service provider or platform that Client uses to receive or make use of the Services or connect to the client portal or any other TeleSign computer systems or networks (\u201cAgent\u201d) (whether with or without Client\u2019s permission), and Client shall indemnify, defend and hold harmless TeleSign, its Affiliates, and their respective officers, directors, agents and employees against all liabilities, costs, expenses, damages and losses suffered or incurred arising out of any act or omission of such Agent.<\/p>\n<p id=\"\">6.5 &nbsp; &nbsp; &nbsp;Claims. &nbsp;Client must immediately inform TeleSign if any User or third party makes or threatens to make any claim against Client or a Client Affiliate regarding the Services.<\/p>\n<p id=\"\"><strong id=\"\">7. Privacy &amp; Data Protection<\/strong><\/p>\n<p id=\"\">7.1 &nbsp; &nbsp; &nbsp;Privacy Policy. &nbsp;The Parties shall each comply with TeleSign\u2019s Privacy Policy, and Client acknowledges and authorizes TeleSign\u2019s use of data in accordance with the Privacy Policy, the terms of which may be amended by TeleSign from time to time at its discretion.<\/p>\n<p id=\"\">7.2 &nbsp; &nbsp; &nbsp;Data Protection Laws. &nbsp;The Parties shall each perform its obligations under this Agreement in compliance with all Applicable Laws relating to the protection of privacy and data, in the provision and use of the Services.<\/p>\n<p id=\"\">7.3 &nbsp; &nbsp; &nbsp;Client Data. &nbsp;TeleSign shall use Client Data only as described in this Agreement, the PSA and the Privacy Policy, and otherwise to provide, maintain, and improve the Services. &nbsp;TeleSign shall process and protect Client Data in accordance with the PSA. &nbsp;Client Data, including any Personal Information therein, may be stored and processed in the United States or any other countries in which TeleSign maintains facilities. &nbsp;Client Data may also be shared with:<\/p>\n<p id=\"\">(a) &nbsp; &nbsp; &nbsp; Carriers and other third party service providers for the purpose of delivering the Services to Client;<\/p>\n<p id=\"\">(b) &nbsp; &nbsp; &nbsp; third parties in response to government or regulatory requirement; and<\/p>\n<p id=\"\">(c) &nbsp; &nbsp; &nbsp; third parties on an anonymized or aggregated basis, such that Client and Users may not be directly identified.<\/p>\n<p id=\"\">Client consents to any such use and processing, and appoints TeleSign to conduct such a transfer on Client\u2019s behalf in order to provide the Services.<\/p>\n<p id=\"\">7.4 &nbsp; &nbsp; &nbsp;Consent. &nbsp;Client shall provide all Users with any disclosure or explanation required by Applicable Laws concerning the Client\u2019s use of the Services, and obtain, maintain and secure any necessary consent and authorizations from Users that may be required by Applicable Laws in order to authorize TeleSign\u2019s provision of the Services, or otherwise ensure a lawful basis for TeleSign\u2019s provision of the Services and processing of Client Data, including any Personal Information.<\/p>\n<p id=\"\">7.5 &nbsp; &nbsp; &nbsp;Third Party Data Providers. &nbsp;The Licensed Data may include data obtained by third parties such as Carriers. &nbsp;Client hereby consents to the disclosure by TeleSign of Client\u2019s (and its Users\u2019) identity to such third parties, for the limited purpose of ensuring that TeleSign is complying with the terms of its agreements with such third parties. &nbsp;If any such third party requires Users to provide specific consent to enable the provision of the Services, Client shall reasonably cooperate with TeleSign to confirm the sufficiency of such consent.<\/p>\n<p id=\"\">7.6 &nbsp; &nbsp; &nbsp;Content filtering. &nbsp;TeleSign is entitled to (either by its own processing of Client Data or by the transfer of Client Data to third party service providers) carry out content filtering, review and other procedures for the purpose of ensuring Client Data and the sending thereof complies with Applicable Law, including but not limited to the prevention of the sending of unsolicited communications, or \u201cspam\u201d. &nbsp;For the avoidance of doubt, such procedures do not absolve Client of any obligation to ensure compliance with Applicable Law, nor does TeleSign give any warranty that such procedures will ensure compliance with Applicable Law.<\/p>\n<p id=\"\">7.7 &nbsp; &nbsp; &nbsp;Re-use of data. &nbsp;Client acknowledges that as part of providing the Services, TeleSign may assess Client Data for the purpose of calculating the fraud risk of a particular transaction. &nbsp;Client consents to the results of each such assessment, including any telephone number to which such assessment relates, being re-used by TeleSign for the purposes of improving the Services and providing future fraud identification, prevention and risk assessment.<\/p>\n<p id=\"\">7.8 &nbsp; &nbsp; &nbsp;TeleSign news and updates. &nbsp;If you selected the \u201cI would like to receive TeleSign news and updates\u201d checkbox when signing up for your Free Trial or Upgrading your account, Client hereby consents to receiving TeleSign news, updates and other marketing messages, until such time as Client revokes such consent.<\/p>\n<p id=\"\"><strong id=\"\">8. Confidentiality<\/strong><\/p>\n<p id=\"\">8.1 &nbsp; &nbsp; &nbsp;Confidential Information. &nbsp;As used herein, \u201c<strong id=\"\">Confidential Information<\/strong>\u201d means all confidential and proprietary information of a Party (\u201c<strong id=\"\">Disclosing Party<\/strong>\u201d) disclosed to the other Party (\u201c<strong id=\"\">Receiving Party<\/strong>\u201d) that (a) if disclosed orally is designated as confidential at the time of disclosure, (b) if disclosed in writing is marked as \u201cConfidential\u201d and\/or \u201cProprietary\u201d, or (c) reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including, the terms and conditions of this Agreement (including pricing and other commercial terms) and\/or of provision of the Services, screen shots of the Services, pricing in proposals, business and marketing materials, technology and technical information, product designs, and business processes. &nbsp;Licensed Data shall be deemed to be TeleSign\u2019s Confidential Information. &nbsp;Notwithstanding the foregoing, each Party may disclose the existence and terms of this Agreement, in confidence on terms no less strict than as set out herein, to a potential purchaser of or successor to any portion of such Party\u2019s business resulting from the reorganization, spin-off, or sale of all or a portion of all of the assets of any business, division, or group of such Party. &nbsp;Confidential Information shall not include any information that: &nbsp;(i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party, which can be demonstrated with clear and convincing evidence; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.<\/p>\n<p id=\"\">8.2 &nbsp; &nbsp; &nbsp;Confidentiality. &nbsp;The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party\u2019s prior written permission. &nbsp;Notwithstanding the foregoing, the Receiving Party may disclose such Confidential Information to those of its employees, contractors and Affiliates who need to know such information for purposes of performing or receiving the Services and certifies that such employees and contractors have agreed, either as a condition of employment or in order to obtain the Confidential Information, to be bound by terms and conditions substantially similar to those in this Agreement. &nbsp;The Receiving Party shall use the same degree of care to protect the Confidential Information as it uses to protect its own information of a confidential and proprietary nature, but in no event shall it use less than a commercially reasonable degree of care.<\/p>\n<p id=\"\">8.3 &nbsp; &nbsp; &nbsp;Compelled Disclosure. &nbsp;If the Receiving Party is compelled by Applicable Law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party\u2019s cost, if the Disclosing Party wishes to contest the disclosure.<\/p>\n<p id=\"\"><strong id=\"\">9. Warranties, Indemnity, Liability &amp; Termination<\/strong><\/p>\n<p id=\"\">9.1 &nbsp; &nbsp; &nbsp;Personal Warranty. &nbsp;You (the person entering into this Agreement on behalf of Client) hereby confirm and warrant that: (a) you are authorized to commit the Client to the terms and conditions of this Agreement; and (b) when registering Client\u2019s account, you will provide true, accurate, up-to-date and complete information about the Client, and will keep that information true, accurate, up-to-date and complete for the duration of the Term.<\/p>\n<p id=\"\">9.2 &nbsp; &nbsp; &nbsp;Client Warranty. &nbsp;Client warrants and represents that, in the use of the Services, it will: (a) comply with the Acceptable Use Policy; (b) use the Services and the Licensed Data in compliance with all Applicable Laws; and (c) obtain and maintain all necessary licenses, consents and permissions necessary for TeleSign to perform its obligations under this Agreement, including the provision of the Services.<\/p>\n<p id=\"\">9.3 &nbsp; &nbsp; &nbsp;Disclaimers of Warranty.<\/p>\n<p id=\"\">(a) &nbsp; &nbsp; &nbsp; General disclaimers: &nbsp;EXCEPT AS PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBED TO CLIENT \u201cAS IS\u201d AND WITH ALL FAULTS. &nbsp;EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND\/OR WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND\/OR ANY WARRANTY THAT PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. &nbsp;TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. &nbsp;CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND\/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENT. &nbsp;CLIENT ACKNOWLEDGES THAT TELESIGN\u2019S SERVICES INCLUDE THE USE OF CARRIERS TO DELIVER MESSAGES, AND THAT TELESIGN IS NOT RESPONSIBLE FOR THE ULTIMATE DELIVERY OF MESSAGES BY SUCH CARRIERS, AND THAT MESSAGES MAY BE DELAYED OR NOT DELIVERED FOR REASONS OUTSIDE TELESIGN\u2019S CONTROL, INCLUDING NETWORK FAILURE OR USER DEVICES BEING UNAVAILABLE FOR MESSAGE DELIVERY.<\/p>\n<p id=\"\">(b) &nbsp; &nbsp; &nbsp; No warranties in service descriptions. &nbsp;FOR THE AVOIDANCE OF DOUBT, UNLESS EXPRESSLY STATED WITHIN THESE TERMS OF SERVICE, TELESIGN GIVES NO WARRANTIES IN RESPECT OF THE FUNCTIONALITY OR AVAILABILITY OF THE SERVICES, EVEN IF SUCH STATEMENTS ARE MADE BY AGENTS OF TELESIGN, OR IN PUBLISHED DOCUMENTATION ON TELESIGN\u2019S WEBSITE, AND EVEN IF SUCH DOCUMENTATION IS ACCESSIBLE VIA LINKS FROM TELESIGN\u2019S WEBSITE OR THIS AGREEMENT. &nbsp;IN THE EVENT OF ANY INCONSISTENCY BETWEEN THESE TERMS OF SERVICE AND ANY SUCH DOCUMENTATION, THESE TERMS OF SERVICE SHALL PREVAIL.<\/p>\n<p id=\"\">(c) &nbsp; &nbsp; &nbsp; Compliance with Content Standards. &nbsp;Client is solely responsible for any compliance with any legislation, rules and regulations as described in the Content Standards. &nbsp;TeleSign does not warrant that the Services will comply with such legislation, rules and regulations, and excludes all liability resulting from any breach thereof caused by non-compliance with the Content Standards.<\/p>\n<p id=\"\">(d) &nbsp; &nbsp; &nbsp; No warranties relating to beta services: &nbsp;From time to time, TeleSign may invite Client to participate in a program to use beta services. &nbsp;Beta services are not generally available and may contain bugs, errors, defects or harmful elements. &nbsp;Accordingly, TeleSign provides beta services to you \u201cas is.\u201d &nbsp;TeleSign makes no warranties of any kind with respect to beta services, whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Notwithstanding any published documentation that states otherwise, TeleSign does not warrant that beta services will be error-free or that they will meet any specified service level, or will operate without error or interruption.<\/p>\n<p id=\"\">9.4 &nbsp; &nbsp; &nbsp;Indemnity. &nbsp;Client shall indemnify, defend and hold harmless TeleSign, its affiliates, and their respective officers, directors, agents and employees (the \u201c<strong id=\"\">Indemnified Parties<\/strong>\u201d) against all liabilities, costs, expenses, damages and losses (including all legal costs, reasonable attorneys\u2019 fees and any damages or settlement amounts) suffered or incurred by the Indemnified Parties arising out of any claim made by any third party related to or arising from: (i) any actual or alleged infringement or violation of any Intellectual Property Rights of any person or entity; and\/or (ii) any breach of an express warranty set out in this Agreement by the Client or any User; and\/or (iii) any breach of the AUP by Client or any User; and\/or (iv) any act or omission of Client or any User in breach of any of the terms and conditions set out herein; and\/or (v) any act or omission of Client or its Users in relation to Client\u2019s use of the Services or Client Portal, except to the extent that such claim arises as a direct result of any act or omission of the Indemnified Parties in breach of this Agreement.<\/p>\n<p id=\"\">9.5 &nbsp; &nbsp; &nbsp;Limitation of Liability. &nbsp;TELESIGN\u2019S AGGREGATE LIABILITY TO CLIENT ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL IN NO EVENT EXCEED THE TOTAL OF ALL AMOUNTS PAID BY CLIENT TO TELESIGN FOR THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE LIABILITY AROSE. &nbsp;IN NO EVENT SHALL TELESIGN BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST INCOME, LOST PROFITS, PRESENT AND FUTURE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY (EXPRESS OR IMPLIED), ACTIVE OR PASSIVE NEGLIGENCE, INTENTIONAL OR UNINTENTIONAL TORT, STRICT LIABILITY, VIOLATION OF STATUTE, ORDINANCE OR REGULATION, FAILURE OF CONSIDERATION, OR OTHER BASIS, ARISING OUT OF THE PROVISION OF THE SERVICES. &nbsp;DURING THE FREE TRIAL, TELESIGN\u2019S LIABILITY SHALL NOT EXCEED ONE HUNDRED US DOLLARS (USD 100.00). &nbsp;THE PROVISIONS OF THIS SECTION 9.5 ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. &nbsp;Notwithstanding the foregoing, neither Party excludes or limits liability to the other Party for: (i) fraud or fraudulent misrepresentation; (ii) death or personal injury caused by negligence; (iii) intentional misconduct or gross negligence; and\/or (iv) if such exclusion or limitation would be in breach of any Applicable Law.<\/p>\n<p id=\"\">9.6 &nbsp; &nbsp; &nbsp;Termination.<\/p>\n<p id=\"\">(a) &nbsp; &nbsp; &nbsp; Without affecting any other right or remedy available to it, either Party may terminate this Agreement with immediate effect by giving written notice to the other Party if the other Party commits a material breach of any term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 15 calendar days after being notified in writing to do so;<\/p>\n<p id=\"\">(b) &nbsp; &nbsp; &nbsp; Either Party may terminate this Agreement for any or no cause with thirty (30) days prior written notice.<\/p>\n<p id=\"\">(c) &nbsp; &nbsp; &nbsp; The termination of this Agreement shall not release Client from its obligations and liability to TeleSign with respect to any Fees incurred up to and including the date of termination (whether or not such Fees have been invoiced). &nbsp;Any such amounts shall become immediately due and payable upon termination.<\/p>\n<p id=\"\">(d) &nbsp; &nbsp; &nbsp; On termination of this Agreement for any reason, all licenses granted under this Agreement shall immediately terminate. &nbsp;Any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination, including the right to payment of Fees incurred and to claim damages in respect of any breach of the Agreement which existed at or before the date of termination shall not be affected or prejudiced.<\/p>\n<p id=\"\">(e) &nbsp; &nbsp; &nbsp; On termination of this Agreement for any reason other than default by TeleSign, and except to the extent required by Applicable Law, TeleSign shall have no obligation to refund any prepaid account balance to Client.<\/p>\n<p id=\"\"><strong id=\"\">10. Miscellaneous<\/strong><\/p>\n<p id=\"\">10.1 &nbsp; &nbsp;Force Majeure. &nbsp;Neither Party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability or interruption or delay in telecommunications or third party Services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed.<\/p>\n<p id=\"\">10.2 &nbsp; &nbsp;Assignment. &nbsp;Client may not assign this Agreement without the written consent of TeleSign which will not be unreasonably withheld. &nbsp;Subject to this restriction, this Agreement shall be binding on Client and TeleSign and each of our successors and assigns.<\/p>\n<p id=\"\">10.3 &nbsp; &nbsp;Use of Proprietary Marks. Each Party may use the other Party\u2019s Proprietary Marks on its website and in promotional materials, solely to refer to the Client\u2019s use of the Services, and only in accordance with any usage guidelines provided by the other Party. All such use will inure to the benefit of the owner of the Proprietary Marks. The first Party will not use, register or take any other action with respect to the other Party\u2019s Proprietary Marks, except to the extent allowed in advance in writing by the other Party. In using the Proprietary Marks, the first Party must always use the then-current Proprietary Marks and will not add to, delete from or modify any of Proprietary Marks. The first Party shall not, at any time, present itself as an Affiliate, partner or other legal agent of the other Party. The limited license to use Proprietary Marks under this section will cease automatically on termination of the Agreement.<\/p>\n<p id=\"\">10.4 &nbsp; &nbsp;Waiver and Amendments. &nbsp;Except as expressly stated herein, No waiver, amendment, or modification of any provision of this Agreement shall be effective unless agreed to by both parties in writing. No failure or delay by either Party in exercising any rights, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy. &nbsp;NOTWITHSTANDING THE PREVIOUS SENTENCE, TELESIGN SHALL BE ENTITLED TO AMEND ANY TERMS OF THIS AGREEMENT ON THE GIVING OF NOT LESS THAN FIVE (5) DAYS\u2019 NOTICE TO CLIENT, SUCH NOTICE TO BE MADE VIA EMAIL OR ON THE CLIENT PORTAL. &nbsp;IF CLIENT CONTINUES TO USE THE SERVICES BEYOND SUCH NOTICE PERIOD, CLIENT SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENT. &nbsp;IF CLIENT DOES NOT AGREE TO SUCH AMENDMENT, IT SHALL BE ENTITLED TO TERMINATE THE AGREEMENT BY GIVING 30 DAYS\u2019 WRITTEN NOTICE TO TELESIGN AT ANY TIME DURING SUCH NOTICE PERIOD.<\/p>\n<p id=\"\">10.5 &nbsp; &nbsp;Severability. &nbsp;Should any term of this Agreement be finally determined by a court of competent jurisdiction to be invalid, unenforceable or otherwise contrary to law or equity, the parties agree that such provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its invalidity or unenforceability, and that the other provisions of this Agreement shall remain unaffected. If any part of this Agreement is determined to be invalid or unenforceable pursuant to Applicable Law then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.<\/p>\n<p id=\"\">10.6 &nbsp; &nbsp;Third Party Beneficiaries. &nbsp;Except as expressly provided for herein, the provisions of this Agreement are solely for the benefit of the parties hereto and not for the benefit of any third parties.<\/p>\n<p id=\"\">10.7 &nbsp; &nbsp;Governing Law; Forum. &nbsp;The laws of the State of California shall exclusively govern this Agreement, without regard to any contrary conflicts of laws principles. &nbsp;In event of a dispute arising under this Agreement, each Party will make reasonable, good-faith efforts to resolve such dispute informally. &nbsp;The parties agree to waive jury trial as to any claim, controversy or dispute arising under or related to this Agreement. All legal disputes arising from this Agreement shall be resolved in the Federal and\/or State Courts of the County of Los Angeles, California.<\/p>\n<p id=\"\">10.8 &nbsp; &nbsp;Headings; Attachments.<strong id=\"\"> &nbsp;<\/strong>Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. &nbsp;The exhibits and attachments attached hereto are incorporated and made a part of this Agreement by this reference.<\/p>\n<p id=\"\">10.9 &nbsp; &nbsp;Independent Contractor. &nbsp;Each Party is an independent contractor as to each other and no agency, partnership, joint venture or any legal relationship other than that of independent contractor is established by this Agreement.7.4 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any and all written or oral prior agreements and understandings between the Parties. &nbsp;The Parties hereby agree to the execution of this Agreement remotely, by way of Client accepting these terms and conditions online.<\/p>\n<p id=\"\">10.10 &nbsp;No impact on other remedies. &nbsp;Except as otherwise expressly provided in this Agreement, each Party\u2019s remedies herein are in addition to any and all rights and remedies available to such Party at law or in equity.<\/p>\n<p id=\"\">10.11 &nbsp;Export Restrictions. &nbsp;Client acknowledges that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Services. Without limiting the foregoing, Client acknowledges that the Services are or may be subject to controls under the Export Administration Regulations promulgated by the U.S. Department of Commerce. Client agrees not to export or re-export the Services in any form in violation of the export laws of the United States or any foreign jurisdiction. Client represents and warrants that it is not listed on any U.S. government exclusion list, and will immediately cease use of TeleSign\u2019s Services and SDK upon being placed on any such list.<\/p>\n<p id=\"\">10.12 &nbsp;Notices. &nbsp;Notices shall be in writing and shall be personally delivered, delivered via courier or via certified mail, or by email to the other Party at such address as may from time to time be designated by a Party. Notices shall be deemed effective upon receipt, or if delivery is not effected by reason of some fault of the addressee, when tendered. &nbsp;Notices to TeleSign must include a copy sent to <a href=\"mailto:legal@telesign.com\" id=\"\">legal@telesign.com<\/a>.<\/p>\n<p id=\"\">10.13 &nbsp;Survival. &nbsp;Sections 2.4, 3, 4.4, 5, 6, 7, 8, 9, 10.3 and 10.5-10.14 shall survive the termination of this Agreement.<\/p>\n<p id=\"\">10.14 &nbsp;Agreement Terms and Priority. &nbsp;This Agreement shall consist of these Terms of Service and all other policies, exhibits, attachments, addenda and amendments hereto. &nbsp;If there is an inconsistency between any of the provisions in those documents, the provisions in the Terms of Service shall prevail over the policy, exhibit, attachment or addendum.<\/p>\n<p id=\"\"><strong id=\"\">TO PRINT OR SAVE THESE TERMS OF SERVICE, RIGHT-CLICK AND SELECT \u201cPRINT\u2026\u201d OR \u201cSAVE AS\u2026\u201d<\/strong><\/p>\n<p id=\"\">\u200d<\/p>\n<p id=\"\">\u200d<\/p>\n","protected":false},"excerpt":{"rendered":"<p>September 9, 2017 \u200d Changes from previous version: Terms added relating to Additional Features. This Agreement is executed as of the Effective Date defined below, and is between TeleSign and Client, as those terms are defined below (each a \u201cParty\u201d, and collectively, the \u201cParties\u201d). PLEASE REVIEW THIS AGREEMENT CAREFULLY. ONCE YOU CLICK \u201cGET STARTED\u201d, THIS<\/p>\n","protected":false},"author":4,"featured_media":0,"template":"","categories":[],"tags":[],"class_list":["post-17415","legal","type-legal","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.2 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Telesign terms of service 9-22-17 - Telesign<\/title>\n<meta name=\"robots\" content=\"noindex, follow\" \/>\n<meta property=\"og:locale\" content=\"es_ES\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Telesign terms of service 9-22-17 - Telesign\" \/>\n<meta property=\"og:description\" content=\"September 9, 2017 \u200d Changes from previous version: Terms added relating to Additional Features. This Agreement is executed as of the Effective Date defined below, and is between TeleSign and Client, as those terms are defined below (each a \u201cParty\u201d, and collectively, the \u201cParties\u201d). PLEASE REVIEW THIS AGREEMENT CAREFULLY. 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Identity Verification APIs | Telesign","publisher":{"@id":"https:\/\/www.telesign.com\/es#organization"},"potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.telesign.com\/es?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"es"},{"@type":"Organization","@id":"https:\/\/www.telesign.com\/es#organization","name":"Telesign","url":"https:\/\/www.telesign.com\/es","logo":{"@type":"ImageObject","inLanguage":"es","@id":"https:\/\/www.telesign.com\/es#\/schema\/logo\/image\/","url":"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/01\/62f4589601f1ea9dda43d66d_telesign-logo-generic.webp","contentUrl":"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/01\/62f4589601f1ea9dda43d66d_telesign-logo-generic.webp","width":1200,"height":630,"caption":"Telesign"},"image":{"@id":"https:\/\/www.telesign.com\/es#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/TelesignCorp\/?utm_source=telesign.com"]}]}},"_links":{"self":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/legal\/17415","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/legal"}],"about":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/types\/legal"}],"author":[{"embeddable":true,"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/users\/4"}],"wp:attachment":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/media?parent=17415"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/categories?post=17415"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/tags?post=17415"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}},{"id":17414,"date":"2024-04-23T15:41:50","date_gmt":"2024-04-23T15:41:50","guid":{"rendered":"https:\/\/www.telesign.com\/legal\/telesigns-services-09-17"},"modified":"2024-04-23T15:41:50","modified_gmt":"2024-04-23T15:41:50","slug":"telesigns-services-09-17","status":"publish","type":"legal","link":"https:\/\/www.telesign.com\/es\/legal\/telesigns-services-09-17","title":{"rendered":"Telesign\u2019s services 09-17"},"content":{"rendered":"<p>\u200d<strong>September 2017<\/strong><\/p>\n<p>This list of Services forms part of TeleSign\u2019s <a href=\"\/telesign-terms-of-service\">Terms of Service<\/a> (or if your company has a separate agreement with TeleSign for the provision of services from TeleSign to you, part of that separate agreement (in either case, the \u201c<strong>Agreement<\/strong>\u201d). &nbsp;Any capitalized terms herein shall have the meaning set out in the Agreement.<strong> <\/strong><\/p>\n<p>\u201c<strong>App Verify<\/strong>\u201d is TeleSign\u2019s SDK\/API for mobile applications that integrates TeleSign\u2019s proprietary process for frictionless account login and transaction verification.<\/p>\n<p>\u201c<strong>Dedicated Caller ID<\/strong>\u201d refers to a phone number, dedicated to a customer and used as the originating address from which the call is initiated or delivered.<\/p>\n<p>\u201c<strong>Dedicated Sender ID<\/strong>\u201d refers to a phone number, dedicated to a customer and used as the originating address from which an SMS is delivered.<\/p>\n<p>\u201c<strong>Long Code<\/strong>\u201d or \u201c<strong>Long Number<\/strong>\u201d refers to a standard local phone number, used as the originating address from which an SMS is initiated or delivered<\/p>\n<p>\u201c<strong>Messaging<\/strong>\u201d is a service of sending and\/or receiving SMS or other messages globally containing personalized or specialized content or other information, directly to or from mobile devices, and including the Inbound Messaging feature as described on the Client Portal, in the Client Order or otherwise described by TeleSign.<\/p>\n<p>\u201c<strong>Phone Numbers<\/strong>\u201d refers to the leasing of phone numbers assigned to the Client to be used via the TeleSign API in order for the Client to be able to deliver and\/or receive SMS messages or voice calls from dedicated virtual numbers. Phone Numbers includes Dedicated Sender IDs and Dedicated Caller IDs.<\/p>\n<p>\u201c<strong>Outbound Messaging<\/strong>\u201d means SMS provided by Client to TeleSign, and sent by TeleSign to a User.<\/p>\n<p>\u201c<strong>PhoneID Contact<\/strong>\u201d means that aspect of TeleSign\u2019s Services that determines characteristics about a phone number, including the name and\/or address associated with that phone number. PhoneID Contact will also return the type of phone, geographic and carrier information associated with that phone number, and other data points that may be used to determine the fraud risk of a transaction.<\/p>\n<p>\u201c<strong>PhoneID Live<\/strong>\u201d means that aspect of TeleSign\u2019s Services that returns characteristics about a phone number, including whether the phone number is currently active and\/or reachable, as well as the type of phone, geographic and carrier information associated with that phone number, and other data points that may be used to determine the potential fraud risk associated with a specific phone number.<\/p>\n<p>\u201c<strong>PhoneID Number Deactivation<\/strong>\u201d means that aspect of TeleSign\u2019s Services which uses intelligence on when a phone number has been truly deactivated, based on mobile carriers&#8217; phone number data and our proprietary analysis, to deliver a date and time stamp, in the event a trust anchor has been broken. PhoneID Number Deactivation can be offered in \u201cPush\u201d format, a subscription based service, or \u201cPull\u201d format, an on-demand API.<\/p>\n<p>\u201c<strong>PhoneID Standard<\/strong>\u201d means that aspect of TeleSign\u2019s Services that determines characteristics about a phone number, including the type of phone that a User is using and, geographic and carrier information associated with that phone number, and other data points that may be used to determine the fraud risk of a transaction.<\/p>\n<p>\u201c<strong>Push Verify<\/strong>\u201d is TeleSign\u2019s SDK for mobile applications that offers both push notification and soft token functionality.<\/p>\n<p>\u201c<strong>Score<\/strong>\u201d means that aspect of TeleSign\u2019s Services that determines characteristics about a phone number, including providing a real-time reputation score and assessment based on proven predictive data and other data points that may be used to determine the fraud risk of a transaction.<\/p>\n<p>\u201c<strong>Short Code<\/strong>\u201d refers to a short phone number, typically 3-6 digits used as the originating address from which an SMS is initiated or delivered.<\/p>\n<p>\u201c<strong>Smart Verify<\/strong>\u201d is a single application and programming interface (\u201cAPI\u201d) that combines multiple User verification and two-factor authentication Services into a unified API. Smart Verify utilizes a proprietary Smart Decision Engine, which is a configurable workflow that determines the risk profile and optimal User verification method including detailed steps for real-time fraud detection, reputation scoring and optimized routing of the verification and authentication process through PhoneID Standard, Score, SMS Verify, Voice Verify and Push Verify.<\/p>\n<p>\u201c<strong>SMS<\/strong>\u201d means a short text message sent to and from telephones whose text comprises words or numbers or an alphanumeric combination up to one hundred and sixty (160) characters or up to seventy (70) characters if containing one or more Unicode characters.<\/p>\n<p>\u201c<strong>SMS 2-Way Inbound<\/strong>\u201d or <strong>&#8220;Inbound SMS&#8221; or <\/strong>\u201c<strong>Inbound Messaging<\/strong>\u201d &nbsp;allows the Client to receive mobile originated (MO) SMS messages sent by Users.<\/p>\n<p>\u201c<strong>SMS 2-Way Outbound<\/strong>\u201d allows the Client to send mobile terminated (MT) SMS messages to Users.<\/p>\n<p>\u201c<strong>SMS Verify<\/strong>\u201d is a service of sending and\/or receiving SMS globally for the purpose of conducting real-time SMS verification, with each automated outbound SMS containing a unique PIN number that the User must enter online to verify or authenticate the User, and including the Inbound Messaging feature as described on the Client Portal, the Client Order or otherwise described by TeleSign.<\/p>\n<p>\u201c<strong>Voice API<\/strong>\u201d is TeleSign\u2019s API that enables Client to build communications and account security voice-based messaging into web and mobile applications.<\/p>\n<p>\u201c<strong>Voice Verify<\/strong>\u201d means TeleSign\u2019s automated call to a User for the purpose of conducting real-time telephone verification, with each automated call containing a unique PIN number that the User must enter online to verify or authenticate the User. The Voice Verify Service includes a Text-to-Speech (\u201cTTS\u201d) feature which provides TTS capability in automated messaging in more than 25 different languages and dialects when delivering voice-based passcodes. The Voice Verify Fees applies to a maximum call duration of Thirty (30) seconds if charged per Transaction, The Voice Verify Service can also include the Call Forwarding Detection (CFD) functionality which determines in real-time if a phone number is diverting phone calls to an alternate phone number.<\/p>\n<p>\u200d<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u200dSeptember 2017 This list of Services forms part of TeleSign\u2019s Terms of Service (or if your company has a separate agreement with TeleSign for the provision of services from TeleSign to you, part of that separate agreement (in either case, the \u201cAgreement\u201d). &nbsp;Any capitalized terms herein shall have the meaning set out in the Agreement.<\/p>\n","protected":false},"author":4,"featured_media":0,"template":"","categories":[],"tags":[],"class_list":["post-17414","legal","type-legal","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.2 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Telesign\u2019s services 09-17 - Telesign<\/title>\n<meta name=\"robots\" content=\"noindex, follow\" \/>\n<meta property=\"og:locale\" content=\"es_ES\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Telesign\u2019s services 09-17 - Telesign\" \/>\n<meta property=\"og:description\" content=\"\u200dSeptember 2017 This list of Services forms part of TeleSign\u2019s Terms of Service (or if your company has a separate agreement with TeleSign for the provision of services from TeleSign to you, part of that separate agreement (in either case, the \u201cAgreement\u201d). &nbsp;Any capitalized terms herein shall have the meaning set out in the Agreement.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.telesign.com\/es\/legal\/telesigns-services-09-17\" \/>\n<meta property=\"og:site_name\" content=\"Telesign\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/TelesignCorp\/?utm_source=telesign.com\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data1\" content=\"5 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.telesign.com\/es\/legal\/telesigns-services-09-17\",\"url\":\"https:\/\/www.telesign.com\/es\/legal\/telesigns-services-09-17\",\"name\":\"Telesign\u2019s services 09-17 - Telesign\",\"isPartOf\":{\"@id\":\"https:\/\/www.telesign.com\/es#website\"},\"datePublished\":\"2024-04-23T15:41:50+00:00\",\"breadcrumb\":{\"@id\":\"https:\/\/www.telesign.com\/es\/legal\/telesigns-services-09-17#breadcrumb\"},\"inLanguage\":\"es\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.telesign.com\/es\/legal\/telesigns-services-09-17\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/www.telesign.com\/es\/legal\/telesigns-services-09-17#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.telesign.com\/es\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Telesign\u2019s services 09-17\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.telesign.com\/es#website\",\"url\":\"https:\/\/www.telesign.com\/es\",\"name\":\"Telesign\",\"description\":\"Phone Number, SMS &amp; 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ONCE YOU CLICK \u201cGET STARTED\u201d, THIS AGREEMENT BECOMES A BINDING LEGAL COMMITMENT BETWEEN YOU, THE CLIENT AND TELESIGN. IF YOU DO NOT WANT THE CLIENT TO BE BOUND BY THIS AGREEMENT, DO NOT CLICK THE \u201cGET STARTED\u201d BUTTON AND DO NOT USE TELESIGN\u2019S SERVICES.<\/strong><\/p>\n<p id=\"\"><strong id=\"\">PLEASE NOTE \u2013 TELESIGN DOES NOT PROVIDE WARRANTIES IN RESPECT OF THE SERVICES, THIS AGREEMENT LIMITS TELESIGN\u2019S LIABILITY, AND TELESIGN HAS THE RIGHT TO AMEND BOTH THESE TERMS OF SERVICE AND THE FEES WE CHARGE FOR THE SERVICES. &nbsp;PLEASE REVIEW SECTIONS 5.2, 9 &amp; 10.4 VERY CAREFULLY.<\/strong><\/p>\n<p id=\"\">In consideration of the mutual promises, agreements and conditions stated herein, the Parties agree as follows:<\/p>\n<h2>1. Definitions<\/h2>\n<p id=\"\">Unless the context requires otherwise, the following terms shall have the meaning set out in this section 1 when used in this Agreement:<\/p>\n<p id=\"\">\u201c<strong id=\"\">Acceptable Use Policy<\/strong>\u201d or \u201c<strong id=\"\">AUP<\/strong>\u201d means the Client\u2019s and Users\u2019 obligations regarding use of the Services and Licensed Data as set out in <a href=\"https:\/\/www.telesign.com\/acceptable-use-policy\" id=\"\"><strong id=\"\">https:\/\/www.telesign.com\/acceptable-use-policy<\/strong><\/a>, as may be updated by TeleSign from time to time at its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Additional Feature<\/strong>\u201d means any product feature which is not defined within the description of the Services, but which is introduced or made available to Client by TeleSign (including but not limited to the URL shortener and SMS Retriever features), regardless of whether TeleSign charges for such feature.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Affiliate<\/strong>\u201d means a company, person or entity that is owned or controlled by, that owns or controls or is under common ownership or control with a Party. &nbsp;Ownership shall mean direct or indirect ownership of more than 50% of the shares in a company or entity, and control shall mean any power to appoint persons to the board of directors of a company or entity.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Agreement<\/strong>\u201d means the terms and conditions set out in these Terms of Service, as such terms may be amended by TeleSign from time to time as described herein, including TeleSign\u2019s AUP, DPA, Privacy Policy, and any schedules, annexes, policies and service descriptions linked hereto.<\/p>\n<p id=\"\">\u201c<strong id=\"\">API<\/strong>\u201d means application programming interface made available to Client by TeleSign that allows Client to create applications to make use of the Services.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Applicable Law<\/strong>\u201d means any statute, statutory instrument, regulation, order and other legislative provision, including any delegated or subordinate legislation, and any judgment of a relevant court of law or decision of a tribunal or competent authority, to the extent any of the foregoing applies to a Party\u2019s performance of obligations under this Agreement in the relevant jurisdiction.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Carrier<\/strong>\u201d means any telecommunications service provider that may provide services used in the delivery of the Services, including SMS and voice interconnect and transit providers, data center operators, and fixed and mobile operators.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Client<\/strong>\u201d, \u201c<strong id=\"\">you<\/strong>\u201d or \u201c<strong id=\"\">your<\/strong>\u201d means the company entered into the Company Name field on the account application page of TeleSign\u2019s website when signing up to use the Services, as well as the person that completes the account application (where applicable).<\/p>\n<p id=\"\">\u201c<strong id=\"\">Client Data<\/strong>\u201d means any information transmitted by or on behalf of Client or a Client Affiliate during the execution of an electronic request to the Services.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Client Portal<\/strong>\u201d means a web portal maintained by TeleSign for TeleSign\u2019s customers where they can securely login using their credentials to access information regarding their TeleSign account such as their billing and recent account activity, and includes any other delivery mechanism for the Services provided by TeleSign, including but not limited to any SDK or API.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Content Standards<\/strong>\u201d means the content standards set out in section 1 of the Acceptable Use Policy.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Data Processing Addendum<\/strong>\u201d or \u201c<strong id=\"\">DPA<\/strong>\u201d means the addendum located at &nbsp;<a href=\"https:\/\/ts.telesign.com\/hubfs\/Legal\/TeleSign-DPA-100219.pdf\" id=\"\"><strong id=\"\">https:\/\/ts.telesign.com\/hubfs\/Legal\/TeleSign-DPA-100219.pdf<\/strong><\/a> in effect upon the Effective Date of this Agreement, and as may be updated by TeleSign from time to time in its discretion provided any such updates do not result in the material degradation of the original privacy and security protections as may be required by Applicable Law.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Effective Date<\/strong>\u201d means the date that you accept these Terms of Service by clicking \u201cGet Started\u201d on the account application page (or other mechanism provided), subject to successful completion of identity verification and any other checks carried out by TeleSign in its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Fees<\/strong>\u201d means the fees and charges payable to TeleSign pursuant to this Agreement for the Services, as listed in applicable Price Plans.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Free Trial<\/strong>\u201d means Client\u2019s use of the Services for the period of time, number of transactions, amount of credit, or other limitation stated by TeleSign, commencing on the Effective Date.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Inappropriate Content<\/strong>\u201d means any content which (a) is unsolicited, including without limitation, unauthorized \u201cbulk\u201d or \u201cspam\u201d messages; &nbsp;(b) contains or introduces \u201cviruses\u201d, \u201cworms\u201d, \u201cTrojan Horses\u201d, \u201ce-mail bombs\u201d, \u201ccancel bots\u201d or other similar computer programming routines; (c) is in any way in breach of Applicable Law or otherwise unlawful; (d) infringes the intellectual property or privacy or other rights of any person, including without limitation the Intellectual Property Rights of TeleSign; (e) violates the Content Standards; (f) is misleading or deceptive; (g) is offensive to public morals, decency or sensibilities; or (h) executes, initiates or causes \u201dphishing\u201d or social engineering activities.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Intellectual Property Rights<\/strong>\u201d means all trade secrets, patents and patent applications, trademarks, services marks, trade names, internet domain names, copyrights (including copyrights in computer software), moral rights, rights in knowhow and any renewals or extensions of the foregoing, and all other proprietary rights, and all other equivalent or similar rights which may subsist anywhere in the world, including any renewals or extensions thereof. &nbsp;<\/p>\n<p id=\"\">\u201c<strong id=\"\">Licensed Data<\/strong>\u201d means the results returned to Client by or on behalf of TeleSign in response to Client submitting Client Data as part of the Services.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Personal Information<\/strong>\u201d means any information about an identified individual, or an individual whose identity may be inferred or determined from the information.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Price Plan<\/strong>\u201d means the schedule of Fees for a particular Service located at <strong id=\"\">https:\/\/www.telesign.com\/pricing\/sms-and-voice<\/strong>, which may be updated from time to time by TeleSign at its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Privacy Policy<\/strong>\u201d means TeleSign\u2019s privacy policy located at <a href=\"https:\/\/www.telesign.com\/privacy-notice\" id=\"\"><strong id=\"\">https:\/\/www.telesign.com\/privacy-notice<\/strong><\/a>, as may be updated by TeleSign from time to time at its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Proprietary Marks<\/strong>\u201d has the meaning given in section 2.4.<\/p>\n<p id=\"\">\u201c<strong id=\"\">SDK<\/strong>\u201d means a software development kit made available to Client by TeleSign to enable Client to develop applications to make use of the Services and is licensed to Client in accordance with TeleSign\u2019s SDK license agreement, which may be either available at <a href=\"https:\/\/www.telesign.com\/telesign-sdk-license-agreement\" id=\"\"><strong id=\"\">https:\/\/www.telesign.com\/telesign-sdk-license-agreement<\/strong><\/a> or within the SDK, as applicable, the terms of which may be amended by TeleSign from time to time at its discretion.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Services<\/strong>\u201d means all products offered by TeleSign, now or in the future, as described at <a href=\"https:\/\/www.telesign.com\/services\" id=\"\"><strong id=\"\">https:\/\/www.telesign.com\/services<\/strong><\/a> or otherwise provided by TeleSign, and including any services delivered or accessed via an SDK or the Client Portal (including but not limited to outbound and inbound SMS messages and telephone calls to and from Users).<\/p>\n<p id=\"\">\u201c<strong id=\"\">SMS Content<\/strong>\u201d means Client Content to be sent via SMS Services.<\/p>\n<p id=\"\">\u201c<strong id=\"\">SPAM Policy<\/strong>\u201d means the SPAM policy set out in section 2 of the Acceptable Use Policy.<\/p>\n<p id=\"\">\u201c<strong id=\"\">TeleSign<\/strong>\u201d, \u201c<strong id=\"\">we<\/strong>\u201d or \u201c<strong id=\"\">us<\/strong>\u201d means TeleSign Corporation, a California corporation located at 13274 Fiji Way Suite 500, Marina del Rey, CA &nbsp;90292, and its Affiliates.<\/p>\n<p id=\"\">&#8220;<strong id=\"\">Transaction<\/strong>\u201d means each submission of Client Data to the Services by or on behalf of Client or a Client Affiliate or any User, including but not limited to any submission of voice or SMS content, or any other request to the Client Portal for any Service. &nbsp;Any submission of SMS content that requires splitting into more than one message shall be treated as a separate Transaction for each SMS sent or received by TeleSign. &nbsp;Any submission of Voice content will be charged on a per minute basis. For any Services for which Fees are charged upon verification, the Transaction shall be deemed complete when a response confirming verification or failure to verify has been received by TeleSign from the relevant SDK or other delivery mechanism.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Term<\/strong>\u201d means the term of this Agreement, as defined in section 2.1 of the Agreement.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Upgrade<\/strong>\u201d means the process of upgrading the Client\u2019s account from the Free Trial into a fully functional account by entering valid payment details in the Client Portal.<\/p>\n<p id=\"\">\u201c<strong id=\"\">User<\/strong>\u201d means any customer, client or other user of Client\u2019s services in respect of whom Client Data is submitted.<\/p>\n<p id=\"\">\u201c<strong id=\"\">Website Terms &amp; Conditions<\/strong>\u201d means the terms and conditions governing use of TeleSign\u2019s website located at <a href=\"https:\/\/www.telesign.com\/terms-conditions\" id=\"\"><strong id=\"\">https:\/\/www.telesign.com\/terms-conditions<\/strong><\/a>, as may be updated by TeleSign from time to time at its discretion<\/p>\n<p>\u200d<\/p>\n<h2>2. Scope of Services &amp; Agreement<\/h2>\n<p id=\"\">2.1 &nbsp; &nbsp; &nbsp;Term. &nbsp;The Agreement shall commence on the Effective Date and continue until terminated by either Party in accordance with this Agreement (the \u201c<strong id=\"\">Term<\/strong>\u201d).<\/p>\n<p id=\"\">2.2 &nbsp; &nbsp; &nbsp;Services<strong id=\"\">. &nbsp;<\/strong>Subject to the terms and conditions of this Agreement, and effective upon the Effective Date, TeleSign shall make the Services available to the Client during the Term. &nbsp;Such Services will be provided via TeleSign\u2019s API, SDK or the Client Portal.<\/p>\n<p id=\"\">2.3 &nbsp; &nbsp; &nbsp;Service Levels.<strong id=\"\"> &nbsp;<\/strong>The Services will materially comply with the Service definitions set out in this Agreement and any associated documentation, provided that the Services may be affected in the following circumstances:<\/p>\n<p id=\"\">(a) &nbsp; &nbsp; &nbsp; TeleSign may temporarily suspend or discontinue the Services, with advance notice if practicable, at any time if:<\/p>\n<p id=\"\">(i) &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; TeleSign has reasonable cause to suspect that the Services are being used to transmit Inappropriate Content or to commit fraud;<\/p>\n<p id=\"\">(ii) &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;TeleSign reasonably believes such action is necessary to avoid an imminent material threat of harm to TeleSign, its Affiliates, Clients, Users, or any third party; or<\/p>\n<p id=\"\">(iii) &nbsp; &nbsp; &nbsp; &nbsp; the Client Portal or Services require maintenance or repair; and<\/p>\n<p id=\"\">(b) &nbsp; &nbsp; &nbsp; TeleSign may, upon written notice (including via email), suspend provision of the Services if:<\/p>\n<p id=\"\">(i) &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; any Fees are due and unpaid;<\/p>\n<p id=\"\">(ii) &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;Client or any Users fail to comply with the Acceptable Use Policy; or<\/p>\n<p id=\"\">(iii) &nbsp; &nbsp; &nbsp; &nbsp; any agreement between TeleSign and a Carrier on which the Services are reliant is suspended or terminated.<\/p>\n<p id=\"\">2.4 &nbsp; &nbsp; &nbsp;Intellectual Property Rights. &nbsp;Except as specifically set forth herein, TeleSign retains all right, title, and interest, including all Intellectual Property Rights, relating to or embodied in the Services, including without limitation all technology, hardware, software, systems and copies of the foregoing relating to the Services, including without limitation any upgrades, updates, or modifications thereof or otherwise. &nbsp;Such Intellectual Property Rights are licensed, not sold, solely for use by Client under the terms of this Agreement. &nbsp; All graphics, logos, service marks, and trade names, including company names, third party names, product names, and brand names relating to products or services of each Party (collectively and respectively, each Party\u2019s \u201c<strong id=\"\">Proprietary Marks<\/strong>\u201d) are the trademarks of such Party. Except as set out in this Agreement, neither Party may alter, add to or remove from the other Party\u2019s products or services, any of the other Party\u2019s Proprietary Marks, copyright notices or other proprietary rights markings, or use any of the other Party\u2019s Proprietary Marks without the prior written permission of the other Party, which shall be at the exclusive discretion of the other Party.<\/p>\n<p id=\"\">2.5 &nbsp; &nbsp; &nbsp;Additional Features:<\/p>\n<p id=\"\">(a) For the avoidance of doubt, any Additional Feature used by the Client is deemed to form part of the Services. Any insights or other information provided to Client by TeleSign as part of an Additional Feature shall be considered to be Licensed Data, as defined in this Agreement.<\/p>\n<p id=\"\">(b) Client\u2019s use of any Additional Feature and such Licensed Data is subject to all terms and conditions set out in this Agreement, including the Acceptable Use Policy.<\/p>\n<p id=\"\">(c) Except to the extent expressly stated herein, TeleSign provides no warranty or commitment in relation to any Additional Feature, including but not limited to the accuracy, timeliness or quality of any Licensed Data provided as part of such feature.<\/p>\n<p id=\"\">(d) TeleSign reserves the right at any time to immediately suspend or cease providing any Additional Feature without notice.<\/p>\n<ul id=\"\">\n<li id=\"\">Phone Numbers<strong id=\"\">.<\/strong> If it is required for the destination country of the Services or upon request by Client, TeleSign shall deliver the SMS or Voice Services via Phone Numbers which shall be leased to the Client at the fees set out in <a href=\"\/phone-numbers-pricing\" id=\"\"><strong id=\"\">https:\/\/www.telesign.com\/phone-numbers-pricing<\/strong><\/a> . Except as otherwise set out in this Agreement or a Client Order, Client may, at any time during a billing cycle (monthly, every 3 months or annually (as applicable)), provide TeleSign with prior written notice to terminate the use of the leased Phone Numbers. Nevertheless, Client shall continue to be responsible for the Phone Numbers Fees during that billing cycle.<\/li>\n<li id=\"\">Score Additional Terms. Client acknowledges that as part of every Score Transaction, an assessment is carried out as to fraud risk of a particular transaction. &nbsp;Client consents to the results of each such Transaction, including the telephone number to which such Transaction relates, being re-used by TeleSign for the purposes of future fraud identification and prevention.<\/li>\n<\/ul>\n<p>\u200d<\/p>\n<h2>3. Website Terms &amp; Conditions<\/h2>\n<p id=\"\">3.1 &nbsp; &nbsp; &nbsp;Client shall, and shall ensure that its employees, agents, contractors, affiliates and any Users, comply with TeleSign\u2019s Website Terms &amp; Conditions.<\/p>\n<p>\u200d<\/p>\n<h2>4. Free Trial for eligible Services<\/h2>\n<p id=\"\">The following terms and conditions apply to Client\u2019s use of eligible Services during the Free Trial:<\/p>\n<p id=\"\">4.1 &nbsp; &nbsp; &nbsp;Free Trial. &nbsp;Client may evaluate the Services at no charge up to a maximum of the number of Transactions or credit stated on the Client Portal &nbsp;(\u201c<strong id=\"\">Maximum Transactions<\/strong>\u201d) during the Free Trial. If Client exceeds the number of Maximum Transactions allowed, TeleSign may invoice Client for such Transactions in excess of the Maximum Transactions at a fee of $0.10 per Transaction. &nbsp;Any such fees shall be payable within 30 days of the date of invoice. &nbsp;If the Maximum Transactions are reached, TeleSign reserves the right to cease providing Services immediately and without notice.<\/p>\n<p id=\"\">4.2 &nbsp; &nbsp; &nbsp;Evaluation only. &nbsp;Client agrees to use the Services solely for its own internal analysis to evaluate and determine the acceptability of the Services and whether Client has an interest in obtaining, as appropriate, the Services from TeleSign for use by Client. &nbsp;Client is prohibited from using the Services for any other purposes whatsoever (including any commercial purpose), until and unless Client Upgrades its account<\/p>\n<p id=\"\">4.3 &nbsp; &nbsp; &nbsp;Suspension. &nbsp;TeleSign reserves the right to suspend or terminate the Services provided under this Agreement at any time during the Free Trial in its discretion.<\/p>\n<p id=\"\">4.4 &nbsp; &nbsp; &nbsp;Termination of Free Trial. &nbsp;At the termination or expiry of the Free Trial:<\/p>\n<p id=\"\">(a) &nbsp; &nbsp; &nbsp; Client\u2019s right to use the Services, and TeleSign\u2019s commitment to provide the Services, shall cease unless and until Client Upgrades its account; and<\/p>\n<p id=\"\">(b) &nbsp; &nbsp; &nbsp; Client shall upon request by TeleSign destroy or delete (at TeleSign\u2019s discretion), the Confidential Information and all copies thereof and shall provide a written certification to TeleSign as to the destruction or deletion of the Confidential Information from their computer systems. &nbsp;Client agrees to hold the processes and methodology of the Services in strict confidence and not to disclose such processes and methodology to any third party or to use it for any purpose other than as specifically authorized herein. &nbsp;Further, Client agrees that any results of its evaluation of the Services and\/or reports generated thereby shall be considered and treated as TeleSign\u2019s Confidential Information. Client\u2019s obligations under this section shall survive any termination of this Agreement.<\/p>\n<p id=\"\">4.5 &nbsp; &nbsp; &nbsp;No Free Trial. Not all Services shall be eligible to receive the Free Trial. For such Services, Client shall be required to pay the Fees for the Services, in accordance with the payment terms set out in section 5, upon signing up for the said Services.<\/p>\n<p>\u200d<\/p>\n<h2>5. Account Upgrade, Fees &amp; Payment<\/h2>\n<p id=\"\">5.1 &nbsp; &nbsp; &nbsp;Account Upgrade of Free Trial. &nbsp;At any time during or following expiry of the Free Trial, Client may Upgrade its account. &nbsp;Upon Upgrade, the Free Trial shall immediately cease, and Client shall be required to pay the Fees for the Services, in accordance with the payment terms set out in this section 5. &nbsp;Client hereby irrevocably commits to pay all Fees for the Services upon Upgrading its account.<\/p>\n<p id=\"\">5.2 &nbsp; &nbsp; &nbsp;Fees. &nbsp;If there is a Fee expressed for any element of the Services in a Price Plan, TeleSign shall charge Client such Fee for each Transaction and\/or Service as described in the relevant Price Plan. &nbsp;The Fee stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. Client is solely responsible for paying any such taxes or other charges. TeleSign reserves the right to change the Price Plans, Fees and\/or formulae by which the Fees are calculated by notifying Client from time to time. &nbsp;Such notification may be made by updating Price Plans and\/or via email or other notification on the Client Portal. &nbsp;TeleSign will endeavor to provide at least five (5) days in advance of any such change(s), unless such changes result from regulatory requirement or changes imposed by Carriers on less than 5 days\u2019 notice.<\/p>\n<p id=\"\">5.3 &nbsp; &nbsp; &nbsp;Payment terms.<\/p>\n<p id=\"\">(a) &nbsp; &nbsp; &nbsp; USD. &nbsp;All payments by Client hereunder shall be made only in United States Dollars.<\/p>\n<p id=\"\">(b) &nbsp; &nbsp; &nbsp; Billing information &amp; disputes. &nbsp;TeleSign will provide usage and billing information on the Client Portal. &nbsp;Client must notify TeleSign of any dispute in relation to Fees within 60 days of the relevant Services being delivered, in which case TeleSign and Client will cooperate to investigate and resolve the dispute. &nbsp;Client waives its right to challenge any Fees not disputed within such time, and TeleSign is hereby released from all liability and claims of loss resulting from any error not notified within such time.<\/p>\n<p id=\"\">(c) &nbsp; &nbsp; &nbsp; Payment method. &nbsp;To pay the Fees for any Service, you are required to provide a valid payment method at the time you sign up for that Service. You can access and change your payment method at any time via the Client Portal. &nbsp;You hereby authorize TeleSign to use any account information regarding your selected payment method provided or required by your issuing bank. You agree to promptly update your account and other information, including your email address and payment method details.<\/p>\n<p id=\"\">(d) &nbsp; &nbsp; &nbsp; Payment information. &nbsp; By providing TeleSign with a payment method, (including credit card details) you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize TeleSign to store such payment method charge Client for the Services using such payment method.<\/p>\n<p id=\"\">(e) &nbsp; &nbsp; &nbsp; Payment timing. &nbsp;Fees may be payable via (a) prepayment; (b) post-payment; or (c) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven\u2019t previously been processed.<\/p>\n<p id=\"\">(f) &nbsp; &nbsp; &nbsp; &nbsp;Prepayment. &nbsp;Unless stated otherwise, Fees shall be payable via prepayment. &nbsp;Client must purchase account credit using the payment method given during account Upgrade (as such details may be amended from time to time). &nbsp;Client agrees to the use and storage of its payment method details (including credit card details) for such purpose. &nbsp;Client irrevocably authorizes TeleSign to use such account credit to pay for any Services used by Client.<\/p>\n<p id=\"\">(g) &nbsp; &nbsp; &nbsp; Automatic Top-up. &nbsp;If you have selected the relevant option via the Client Portal, when your credit balance reduces to zero or reaches a predetermined level, the account balance may be automatically replenished by an agreed amount. &nbsp;In such case, you authorize TeleSign to take payment for such replenishment via the payment method you have chosen. &nbsp;Such authorization will remain valid until you notify TeleSign otherwise. &nbsp;TeleSign will notify you whenever such payment is taken.<\/p>\n<p id=\"\">(h) &nbsp; &nbsp; &nbsp; Post-payment. &nbsp;In the event Services are provided on a post-payment basis, TeleSign shall issue invoices on a monthly basis, promptly following the end of each month, for the total amount of Fees due for Transactions submitted during that month. The invoice is due and payable thirty (30) calendar days from invoice date.<\/p>\n<p id=\"\">(i) &nbsp; &nbsp; &nbsp; &nbsp;Recurring Payments. &nbsp;When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to TeleSign by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated. Subscription fees are generally billed or charged in advance of the applicable subscription period.<\/p>\n<p id=\"\">(j) &nbsp; &nbsp; &nbsp; &nbsp;Prepaid to post-paid payment terms. Upon your request, TeleSign may approve your move from a prepayment model to a post-payment model for certain Services. &nbsp;Upon such approval, TeleSign may also require that you enter into a separate Agreement with TeleSign to be executed prior to issuing credentials.<\/p>\n<p id=\"\">5.4 &nbsp; &nbsp; &nbsp;Late payment. &nbsp;Client shall be deemed to be in default hereunder if payment of any undisputed Fees are not received by TeleSign within thirty (30) days of the invoice date and, in addition to its other remedies, TeleSign may charge Client interest at that rate equal to the lesser of one and one half percent (1\u00bd %) per month or the maximum amount permitted by Applicable Law on all sums that remain unpaid at the expiration of such period.<\/p>\n<p id=\"\">5.5 &nbsp; &nbsp; &nbsp;Suspension. &nbsp;TeleSign is entitled to suspend or cancel Client\u2019s account in the event that: &nbsp;(a) Client\u2019s account is inactive for 365 days; (b) Client\u2019s account balance reduces to zero or a negative balance and is not replenished by Client immediately; (c) Client\u2019s chosen payment method ceases to be a valid payment method; or (d) any Fees for post-paid or recurring subscription Services are not paid by the relevant due date. &nbsp;Suspension or cancellation may result in Client Data or other content being lost or deleted, and TeleSign shall not be liable for any such loss or deletion resulting from account suspension or cancellation. &nbsp;If Client\u2019s account balance reduces to zero or a negative balance, Client may not be able to consume any Services until the account balance is replenished to a positive balance.<\/p>\n<p id=\"\">5.6 &nbsp; &nbsp; &nbsp;Inactive accounts. &nbsp;If Client\u2019s account is inactive for 365 days, TeleSign reserves the right at its discretion to (a) refund any remaining credit balance on Client\u2019s account to Client (less a reasonable administration fee); and\/or (b) discontinue Client\u2019s account and delete all data relating thereto; and\/or (c) retain any remaining credit balance on Client\u2019s account; and\/or (d) remit any remaining credit balance to an appropriate body as required by Applicable Law. &nbsp;\u201cInactive\u201d means Client has not entered into a Transaction to use the Services, or accessed the Client Portal, during the relevant period. &nbsp;Notwithstanding the above, Client may at any time request to reactivate any credit that has been retained by TeleSign. &nbsp;In such case, TeleSign shall act reasonably in deciding whether to reactivate any credit.<\/p>\n<p id=\"\">5.7 &nbsp; &nbsp; &nbsp;Refunds. &nbsp;Unless otherwise provided by Applicable Law, all payment obligations cannot be cancelled and are non-refundable. This refund policy does not affect any statutory rights that may apply. &nbsp;Upon termination of the Agreement for any reason other than TeleSign\u2019s default, TeleSign may deal with any remaining credit balance on Client\u2019s account as if Client\u2019s account had been inactive for 365 days.<\/p>\n<p>\u200d<\/p>\n<h2>6. Client\u2019s obligations<\/h2>\n<p id=\"\">6.1 &nbsp; &nbsp; &nbsp;Acceptable Use Policy. &nbsp;Client shall, and shall ensure that its employees, agents, contractors, affiliates and any Users, abide at all times with TeleSign\u2019s Acceptable Use Policy.<\/p>\n<p id=\"\">6.2 &nbsp; &nbsp; &nbsp;Content Standards. &nbsp;TeleSign and its subcontractors may, in their sole discretion, reject sending all or part of any content to any Carriers if in TeleSign\u2019s opinion such content does not comply with the Content Standards. &nbsp;TeleSign shall notify Client within five (5) days of the reasons for such rejection. &nbsp;TeleSign shall not be liable for any rejection of content. &nbsp;Client is solely responsible for ensuring that all content is accurate, complete and correct, and shall be solely responsible for all claims or liability arising from the distribution and publication of Client\u2019s content. &nbsp;TeleSign shall have no obligation to read, proofread or correct any content supplied by Client, nor any responsibility for its accuracy, completeness or correctness.<\/p>\n<p id=\"\">6.3 &nbsp; &nbsp; Carriers\u2019 Consent. Client acknowledges that some Licensed Data received from certain TeleSign Services may include data obtained from relevant telecommunications operators and\/or carriers (\u201cthe Carriers\u201d) and that use of such TeleSign Services by Client is conditional upon receipt of consent from the Carriers. To obtain such consent, Client must first complete the Client Onboarding Form, which Client agrees, shall be submitted by TeleSign on Client\u2019s behalf to the Carriers. Client further consents to TeleSign sharing details of the Client\u2019s proposed use of such TeleSign Services with the Carriers, which may include Client\u2019s Confidential Information, in order to provide the Carriers with additional context to the information provided by Client in the Client Onboarding Form. In the event the Carriers shall require Client to update or change its processes, terms of service, use or policies as set out in the Client Onboarding Form, Client agrees that it must comply with such requirements in order to obtain the consent from the Carriers. Client further agrees that TeleSign shall not be obliged to provide Client with such TeleSign Services until and unless Client has obtained the requisite consent from the Carriers nor shall Client hold TeleSign liable in the event the Carriers not approve the Client\u2019s use of such TeleSign Services.<\/p>\n<p id=\"\">6.3 &nbsp; &nbsp; &nbsp;SPAM Policy. &nbsp;TeleSign may immediately and without notice suspend the Services in whole or in part if TeleSign reasonably suspects the Client\u2019s account is being used in breach of the SPAM Policy.<\/p>\n<p id=\"\">6.4 &nbsp; &nbsp; &nbsp;Agents. &nbsp;Client is responsible for all use of the Services by any third party contractor, agent, partner, intermediary, service provider or platform that Client uses to receive or make use of the Services or connect to the client portal or any other TeleSign computer systems or networks (\u201cAgent\u201d) (whether with or without Client\u2019s permission), and Client shall indemnify, defend and hold harmless TeleSign, its Affiliates, and their respective officers, directors, agents and employees against all liabilities, costs, expenses, damages and losses suffered or incurred arising out of any act or omission of such Agent.<\/p>\n<p id=\"\">6.5 &nbsp; &nbsp; &nbsp;Claims. &nbsp;Client must immediately inform TeleSign if any User or third party makes or threatens to make any claim against Client or a Client Affiliate regarding the Services.<\/p>\n<p>\u200d<\/p>\n<h2>7. Privacy &amp; Data Protection<\/h2>\n<p id=\"\">7.1 &nbsp; &nbsp; &nbsp;Privacy Policy. &nbsp;The Parties shall each comply with TeleSign\u2019s Privacy Policy, and Client acknowledges and authorizes TeleSign\u2019s use of data in accordance with the Privacy Policy, the terms of which may be amended by TeleSign from time to time at its discretion.<\/p>\n<p id=\"\">7.2 &nbsp; &nbsp; &nbsp;Data Protection Laws. &nbsp;The Parties shall each perform its obligations under this Agreement in compliance with all Applicable Laws relating to the protection of privacy and data, in the provision and use of the Services as set out in the DPA.<\/p>\n<p id=\"\">7.3 &nbsp; &nbsp; &nbsp;Client Data. &nbsp;TeleSign shall use Client Data only as described in this Agreement, the DPA and the Privacy Policy, and otherwise to provide, maintain, and improve the Services. &nbsp;TeleSign shall process and protect Client Data in accordance with the DPA. &nbsp;Client Data, including any Personal Information therein, may be stored and processed in the United States or any other countries in which TeleSign maintains facilities. &nbsp;Client Data may also be shared with:<\/p>\n<p id=\"\">(a) &nbsp; &nbsp; &nbsp; Carriers and other third party service providers for the purpose of delivering the Services to Client;<\/p>\n<p id=\"\">(b) &nbsp; &nbsp; &nbsp; third parties in response to government or regulatory requirement; and<\/p>\n<p id=\"\">(c) &nbsp; &nbsp; &nbsp; third parties on an anonymized or aggregated basis, such that Client and Users may not be directly identified.<\/p>\n<p id=\"\">Client consents to any such use and processing, and appoints TeleSign to conduct such a transfer on Client\u2019s behalf in order to provide the Services.<\/p>\n<p id=\"\">7.4 &nbsp; &nbsp; &nbsp;Consent. &nbsp;Client shall provide all Users with any disclosure or explanation required by Applicable Laws concerning the Client\u2019s use of the Services, and obtain, maintain and secure any necessary consent and authorizations from Users that may be required by Applicable Laws in order to authorize TeleSign\u2019s provision of the Services, or otherwise ensure a lawful basis for TeleSign\u2019s provision of the Services and processing of Client Data, including any Personal Information.<\/p>\n<p id=\"\">7.5 &nbsp; &nbsp; &nbsp;Third Party Data Providers. &nbsp;The Licensed Data may include data obtained by third parties such as Carriers. &nbsp;Client hereby consents to the disclosure by TeleSign of Client\u2019s (and its Users\u2019) identity to such third parties, for the limited purpose of ensuring that TeleSign is complying with the terms of its agreements with such third parties. &nbsp;If any such third party requires Users to provide specific consent to enable the provision of the Services, Client shall reasonably cooperate with TeleSign to confirm the sufficiency of such consent.<\/p>\n<p id=\"\">7.6 &nbsp; &nbsp; &nbsp;Content filtering. &nbsp;TeleSign is entitled to (either by its own processing of Client Data or by the transfer of Client Data to third party service providers) carry out content filtering, review and other procedures for the purpose of ensuring Client Data and the sending thereof complies with Applicable Law, including but not limited to the prevention of the sending of unsolicited communications, or \u201cspam\u201d. &nbsp;For the avoidance of doubt, such procedures do not absolve Client of any obligation to ensure compliance with Applicable Law, nor does TeleSign give any warranty that such procedures will ensure compliance with Applicable Law.<\/p>\n<p id=\"\">7.7 &nbsp; &nbsp; &nbsp;Re-use of data. &nbsp;Client acknowledges that as part of providing the Services, TeleSign may assess Client Data for the purpose of calculating the fraud risk of a particular transaction. &nbsp;Client consents to the results of each such assessment, including any telephone number to which such assessment relates, being re-used by TeleSign for the purposes of improving the Services and providing future fraud identification, prevention and risk assessment.<\/p>\n<p id=\"\">7.8 &nbsp; &nbsp; &nbsp;TeleSign news and updates. &nbsp;If you selected the \u201cI would like to receive TeleSign news and updates\u201d checkbox when signing up for your Free Trial or Upgrading your account, Client hereby consents to receiving TeleSign news, updates and other marketing messages, until such time as Client revokes such consent.<\/p>\n<p>\u200d<\/p>\n<h2>8. Confidentiality<\/h2>\n<p id=\"\">8.1 &nbsp; &nbsp; &nbsp;Confidential Information. &nbsp;As used herein, \u201c<strong id=\"\">Confidential Information<\/strong>\u201d means all confidential and proprietary information of a Party (\u201c<strong id=\"\">Disclosing Party<\/strong>\u201d) disclosed to the other Party (\u201c<strong id=\"\">Receiving Party<\/strong>\u201d) that (a) if disclosed orally is designated as confidential at the time of disclosure, (b) if disclosed in writing is marked as \u201cConfidential\u201d and\/or \u201cProprietary\u201d, or (c) reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including, the terms and conditions of this Agreement (including pricing and other commercial terms) and\/or of provision of the Services, screen shots of the Services, pricing in proposals, business and marketing materials, technology and technical information, product designs, and business processes. &nbsp;Licensed Data shall be deemed to be TeleSign\u2019s Confidential Information. &nbsp;Notwithstanding the foregoing, each Party may disclose the existence and terms of this Agreement, in confidence on terms no less strict than as set out herein, to a potential purchaser of or successor to any portion of such Party\u2019s business resulting from the reorganization, spin-off, or sale of all or a portion of all of the assets of any business, division, or group of such Party. &nbsp;Confidential Information shall not include any information that: &nbsp;(i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party, which can be demonstrated with clear and convincing evidence; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.<\/p>\n<p id=\"\">8.2 &nbsp; &nbsp; &nbsp;Confidentiality. &nbsp;The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party\u2019s prior written permission. &nbsp;Notwithstanding the foregoing, the Receiving Party may disclose such Confidential Information to those of its employees, contractors and Affiliates who need to know such information for purposes of performing or receiving the Services and certifies that such employees and contractors have agreed, either as a condition of employment or in order to obtain the Confidential Information, to be bound by terms and conditions substantially similar to those in this Agreement. &nbsp;The Receiving Party shall use the same degree of care to protect the Confidential Information as it uses to protect its own information of a confidential and proprietary nature, but in no event shall it use less than a commercially reasonable degree of care.<\/p>\n<p id=\"\">8.3 &nbsp; &nbsp; &nbsp;Compelled Disclosure. &nbsp;If the Receiving Party is compelled by Applicable Law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party\u2019s cost, if the Disclosing Party wishes to contest the disclosure.<\/p>\n<p>\u200d<\/p>\n<h2>9. Warranties, Indemnity, Liability &amp; Termination<\/h2>\n<p id=\"\">9.1 &nbsp; &nbsp; &nbsp;Personal Warranty. &nbsp;You (the person entering into this Agreement on behalf of Client) hereby confirm and warrant that: (a) you are authorized to commit the Client to the terms and conditions of this Agreement; and (b) when registering Client\u2019s account, you will provide true, accurate, up-to-date and complete information about the Client, and will keep that information true, accurate, up-to-date and complete for the duration of the Term.<\/p>\n<p id=\"\">9.2 &nbsp; &nbsp; &nbsp;Client Warranty. &nbsp;Client warrants and represents that, in the use of the Services, it will: (a) comply with the Acceptable Use Policy; (b) use the Services and the Licensed Data in compliance with all Applicable Laws; and (c) obtain and maintain all necessary licenses, consents and permissions necessary for TeleSign to perform its obligations under this Agreement, including the provision of the Services.<\/p>\n<p id=\"\">9.3 &nbsp; &nbsp; &nbsp;Disclaimers of Warranty.<\/p>\n<p id=\"\">(a) &nbsp; &nbsp; &nbsp; General disclaimers: &nbsp;EXCEPT AS PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBED TO CLIENT \u201cAS IS\u201d AND WITH ALL FAULTS. &nbsp;EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND\/OR WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND\/OR ANY WARRANTY THAT PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. &nbsp;TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. &nbsp;CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND\/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENT. &nbsp;CLIENT ACKNOWLEDGES THAT TELESIGN\u2019S SERVICES INCLUDE THE USE OF CARRIERS TO DELIVER MESSAGES, AND THAT TELESIGN IS NOT RESPONSIBLE FOR THE ULTIMATE DELIVERY OF MESSAGES BY SUCH CARRIERS, AND THAT MESSAGES MAY BE DELAYED OR NOT DELIVERED FOR REASONS OUTSIDE TELESIGN\u2019S CONTROL, INCLUDING NETWORK FAILURE OR USER DEVICES BEING UNAVAILABLE FOR MESSAGE DELIVERY.<\/p>\n<p id=\"\">(b) &nbsp; &nbsp; &nbsp; No warranties in service descriptions. &nbsp;FOR THE AVOIDANCE OF DOUBT, UNLESS EXPRESSLY STATED WITHIN THESE TERMS OF SERVICE, TELESIGN GIVES NO WARRANTIES IN RESPECT OF THE FUNCTIONALITY OR AVAILABILITY OF THE SERVICES, EVEN IF SUCH STATEMENTS ARE MADE BY AGENTS OF TELESIGN, OR IN PUBLISHED DOCUMENTATION ON TELESIGN\u2019S WEBSITE, AND EVEN IF SUCH DOCUMENTATION IS ACCESSIBLE VIA LINKS FROM TELESIGN\u2019S WEBSITE OR THIS AGREEMENT. &nbsp;IN THE EVENT OF ANY INCONSISTENCY BETWEEN THESE TERMS OF SERVICE AND ANY SUCH DOCUMENTATION, THESE TERMS OF SERVICE SHALL PREVAIL.<\/p>\n<p id=\"\">(c) &nbsp; &nbsp; &nbsp; Compliance with Content Standards. &nbsp;Client is solely responsible for any compliance with any legislation, rules and regulations as described in the Content Standards. &nbsp;TeleSign does not warrant that the Services will comply with such legislation, rules and regulations, and excludes all liability resulting from any breach thereof caused by non-compliance with the Content Standards.<\/p>\n<p id=\"\">(d) &nbsp; &nbsp; &nbsp; No warranties relating to beta services: &nbsp;From time to time, TeleSign may invite Client to participate in a program to use beta services. &nbsp;Beta services are not generally available and may contain bugs, errors, defects or harmful elements. &nbsp;Accordingly, TeleSign provides beta services to you \u201cas is.\u201d &nbsp;TeleSign makes no warranties of any kind with respect to beta services, whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Notwithstanding any published documentation that states otherwise, TeleSign does not warrant that beta services will be error-free or that they will meet any specified service level, or will operate without error or interruption.<\/p>\n<p id=\"\">9.4 &nbsp; &nbsp; &nbsp;Indemnity. &nbsp;Client shall indemnify, defend and hold harmless TeleSign, its affiliates, and their respective officers, directors, agents and employees (the \u201c<strong id=\"\">Indemnified Parties<\/strong>\u201d) against all liabilities, costs, expenses, damages and losses (including all legal costs, reasonable attorneys\u2019 fees and any damages or settlement amounts) suffered or incurred by the Indemnified Parties arising out of any claim made by any third party related to or arising from: (i) any actual or alleged infringement or violation of any Intellectual Property Rights of any person or entity; and\/or (ii) any breach of an express warranty set out in this Agreement by the Client or any User; and\/or (iii) any breach of the AUP by Client or any User; and\/or (iv) any act or omission of Client or any User in breach of any of the terms and conditions set out herein; and\/or (v) any act or omission of Client or its Users in relation to Client\u2019s use of the Services or Client Portal, except to the extent that such claim arises as a direct result of any act or omission of the Indemnified Parties in breach of this Agreement.<\/p>\n<p id=\"\">9.5 &nbsp; &nbsp; &nbsp;Limitation of Liability. &nbsp;TELESIGN\u2019S AGGREGATE LIABILITY TO CLIENT ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL IN NO EVENT EXCEED THE TOTAL OF ALL AMOUNTS PAID BY CLIENT TO TELESIGN FOR THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE LIABILITY AROSE. &nbsp;IN NO EVENT SHALL TELESIGN BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST INCOME, LOST PROFITS, PRESENT AND FUTURE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY (EXPRESS OR IMPLIED), ACTIVE OR PASSIVE NEGLIGENCE, INTENTIONAL OR UNINTENTIONAL TORT, STRICT LIABILITY, VIOLATION OF STATUTE, ORDINANCE OR REGULATION, FAILURE OF CONSIDERATION, OR OTHER BASIS, ARISING OUT OF THE PROVISION OF THE SERVICES. &nbsp;DURING THE FREE TRIAL, TELESIGN\u2019S LIABILITY SHALL NOT EXCEED ONE HUNDRED US DOLLARS (USD 100.00). &nbsp;THE PROVISIONS OF THIS SECTION 9.5 ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. &nbsp;Notwithstanding the foregoing, neither Party excludes or limits liability to the other Party for: (i) fraud or fraudulent misrepresentation; (ii) death or personal injury caused by negligence; (iii) intentional misconduct or gross negligence; and\/or (iv) if such exclusion or limitation would be in breach of any Applicable Law.<\/p>\n<p id=\"\">9.6 &nbsp; &nbsp; &nbsp;Termination.<\/p>\n<p id=\"\">(a) &nbsp; &nbsp; &nbsp; Without affecting any other right or remedy available to it, either Party may terminate this Agreement with immediate effect by giving written notice to the other Party if the other Party commits a material breach of any term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 15 calendar days after being notified in writing to do so;<\/p>\n<p id=\"\">(b) &nbsp; &nbsp; &nbsp; Either Party may terminate this Agreement for any or no cause with thirty (30) days prior written notice.<\/p>\n<p id=\"\">(c) &nbsp; &nbsp; &nbsp; The termination of this Agreement shall not release Client from its obligations and liability to TeleSign with respect to any Fees incurred up to and including the date of termination (whether or not such Fees have been invoiced). &nbsp;Any such amounts shall become immediately due and payable upon termination.<\/p>\n<p id=\"\">(d) &nbsp; &nbsp; &nbsp; On termination of this Agreement for any reason, all licenses granted under this Agreement shall immediately terminate. &nbsp;Any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination, including the right to payment of Fees incurred and to claim damages in respect of any breach of the Agreement which existed at or before the date of termination shall not be affected or prejudiced.<\/p>\n<p id=\"\">(e) &nbsp; &nbsp; &nbsp; On termination of this Agreement for any reason other than default by TeleSign, and except to the extent required by Applicable Law, TeleSign shall have no obligation to refund any prepaid account balance to Client.<\/p>\n<p>\u200d<\/p>\n<h2>10. Miscellaneous<\/h2>\n<p id=\"\">10.1 &nbsp; &nbsp;Force Majeure. &nbsp;Neither Party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability or interruption or delay in telecommunications or third party Services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed.<\/p>\n<p id=\"\">10.2 &nbsp; &nbsp;Assignment. &nbsp;Client may not assign this Agreement without the written consent of TeleSign which will not be unreasonably withheld. &nbsp;Subject to this restriction, this Agreement shall be binding on Client and TeleSign and each of our successors and assigns.<\/p>\n<p id=\"\">10.3 &nbsp; &nbsp;Use of Proprietary Marks. Each Party may use the other Party\u2019s Proprietary Marks on its website and in promotional materials, solely to refer to the Client\u2019s use of the Services, and only in accordance with any usage guidelines provided by the other Party. All such use will inure to the benefit of the owner of the Proprietary Marks. The first Party will not use, register or take any other action with respect to the other Party\u2019s Proprietary Marks, except to the extent allowed in advance in writing by the other Party. In using the Proprietary Marks, the first Party must always use the then-current Proprietary Marks and will not add to, delete from or modify any of Proprietary Marks. The first Party shall not, at any time, present itself as an Affiliate, partner or other legal agent of the other Party. The limited license to use Proprietary Marks under this section will cease automatically on termination of the Agreement.<\/p>\n<p id=\"\">10.4 &nbsp; &nbsp;Waiver and Amendments. &nbsp;Except as expressly stated herein, No waiver, amendment, or modification of any provision of this Agreement shall be effective unless agreed to by both parties in writing. No failure or delay by either Party in exercising any rights, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy. &nbsp;NOTWITHSTANDING THE PREVIOUS SENTENCE, TELESIGN SHALL BE ENTITLED TO AMEND ANY TERMS OF THIS AGREEMENT ON THE GIVING OF NOT LESS THAN FIVE (5) DAYS\u2019 NOTICE TO CLIENT, SUCH NOTICE TO BE MADE VIA EMAIL OR ON THE CLIENT PORTAL. &nbsp;IF CLIENT CONTINUES TO USE THE SERVICES BEYOND SUCH NOTICE PERIOD, CLIENT SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENT. &nbsp;IF CLIENT DOES NOT AGREE TO SUCH AMENDMENT, IT SHALL BE ENTITLED TO TERMINATE THE AGREEMENT BY GIVING 30 DAYS\u2019 WRITTEN NOTICE TO TELESIGN AT ANY TIME DURING SUCH NOTICE PERIOD.<\/p>\n<p id=\"\">10.5 &nbsp; &nbsp;Severability. &nbsp;Should any term of this Agreement be finally determined by a court of competent jurisdiction to be invalid, unenforceable or otherwise contrary to law or equity, the parties agree that such provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its invalidity or unenforceability, and that the other provisions of this Agreement shall remain unaffected. If any part of this Agreement is determined to be invalid or unenforceable pursuant to Applicable Law then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.<\/p>\n<p id=\"\">10.6 &nbsp; &nbsp;Third Party Beneficiaries. &nbsp;Except as expressly provided for herein, the provisions of this Agreement are solely for the benefit of the parties hereto and not for the benefit of any third parties.<\/p>\n<p id=\"\">10.7 &nbsp; &nbsp;Governing Law; Forum. &nbsp;The laws of the State of California shall exclusively govern this Agreement, without regard to any contrary conflicts of laws principles. &nbsp;In event of a dispute arising under this Agreement, each Party will make reasonable, good-faith efforts to resolve such dispute informally. &nbsp;The parties agree to waive jury trial as to any claim, controversy or dispute arising under or related to this Agreement. All legal disputes arising from this Agreement shall be resolved in the Federal and\/or State Courts of the County of Los Angeles, California.<\/p>\n<p id=\"\">10.8 &nbsp; &nbsp;Headings; Attachments.<strong id=\"\"> &nbsp;<\/strong>Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. &nbsp;The exhibits and attachments attached hereto are incorporated and made a part of this Agreement by this reference.<\/p>\n<p id=\"\">10.9 &nbsp; &nbsp;Independent Contractor. &nbsp;Each Party is an independent contractor as to each other and no agency, partnership, joint venture or any legal relationship other than that of independent contractor is established by this Agreement.7.4 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any and all written or oral prior agreements and understandings between the Parties. &nbsp;The Parties hereby agree to the execution of this Agreement remotely, by way of Client accepting these terms and conditions online.<\/p>\n<p id=\"\">10.10 &nbsp;No impact on other remedies. &nbsp;Except as otherwise expressly provided in this Agreement, each Party\u2019s remedies herein are in addition to any and all rights and remedies available to such Party at law or in equity.<\/p>\n<p id=\"\">10.11 &nbsp;Export Restrictions. &nbsp;Client acknowledges that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Services. Without limiting the foregoing, Client acknowledges that the Services are or may be subject to controls under the Export Administration Regulations promulgated by the U.S. Department of Commerce. Client agrees not to export or re-export the Services in any form in violation of the export laws of the United States or any foreign jurisdiction. Client represents and warrants that it is not listed on any U.S. government exclusion list, and will immediately cease use of TeleSign\u2019s Services and SDK upon being placed on any such list.<\/p>\n<p id=\"\">10.12 &nbsp;Notices. &nbsp;Notices shall be in writing and shall be personally delivered, delivered via courier or via certified mail, or by email to the other Party at such address as may from time to time be designated by a Party. Notices shall be deemed effective upon receipt, or if delivery is not effected by reason of some fault of the addressee, when tendered. &nbsp;Notices to TeleSign must include a copy sent to <a href=\"mailto:legal@telesign.com\" id=\"\"><strong id=\"\">legal@telesign.com<\/strong><\/a>.<\/p>\n<p id=\"\">10.13 &nbsp;Survival. &nbsp;Sections 2.4, 3, 4.4, 5, 6, 7, 8, 9, 10.3 and 10.5-10.14 shall survive the termination of this Agreement.<\/p>\n<p id=\"\">10.14 &nbsp;Agreement Terms and Priority. &nbsp;This Agreement shall consist of these Terms of Service and all other policies, exhibits, attachments, addenda and amendments hereto. &nbsp;If there is an inconsistency between any of the provisions in those documents, the provisions in the Terms of Service shall prevail over the policy, exhibit, attachment or addendum.<\/p>\n<p id=\"\">\u200d<\/p>\n<p id=\"\">&nbsp;<\/p>\n<p id=\"\">\u200d<\/p>\n<p id=\"\">\u200d<\/p>\n","protected":false},"excerpt":{"rendered":"<p>February 12, 2020Changes from previous version: New Sections 2.6, 2.7 and 6.3. This Agreement is executed as of the Effective Date defined below, and is between TeleSign and Client, as those terms are defined below (each a \u201cParty\u201d, and collectively, the \u201cParties\u201d). PLEASE REVIEW THIS AGREEMENT CAREFULLY. ONCE YOU CLICK \u201cGET STARTED\u201d, THIS AGREEMENT BECOMES<\/p>\n","protected":false},"author":4,"featured_media":0,"template":"","categories":[],"tags":[],"class_list":["post-17413","legal","type-legal","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.2 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Telesign terms of service 02-20 - Telesign<\/title>\n<meta name=\"robots\" content=\"noindex, follow\" \/>\n<meta property=\"og:locale\" content=\"es_ES\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Telesign terms of service 02-20 - Telesign\" \/>\n<meta property=\"og:description\" content=\"February 12, 2020Changes from previous version: New Sections 2.6, 2.7 and 6.3. 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ONCE YOU CLICK \u201cGET STARTED\u201d, THIS AGREEMENT BECOMES\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-02-20\" \/>\n<meta property=\"og:site_name\" content=\"Telesign\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/TelesignCorp\/?utm_source=telesign.com\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data1\" content=\"41 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-02-20\",\"url\":\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-02-20\",\"name\":\"Telesign terms of service 02-20 - Telesign\",\"isPartOf\":{\"@id\":\"https:\/\/www.telesign.com\/es#website\"},\"datePublished\":\"2024-04-23T15:41:50+00:00\",\"breadcrumb\":{\"@id\":\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-02-20#breadcrumb\"},\"inLanguage\":\"es\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-02-20\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-02-20#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.telesign.com\/es\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Telesign terms of service 02-20\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.telesign.com\/es#website\",\"url\":\"https:\/\/www.telesign.com\/es\",\"name\":\"Telesign\",\"description\":\"Phone Number, SMS &amp; Identity Verification APIs | Telesign\",\"publisher\":{\"@id\":\"https:\/\/www.telesign.com\/es#organization\"},\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/www.telesign.com\/es?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"es\"},{\"@type\":\"Organization\",\"@id\":\"https:\/\/www.telesign.com\/es#organization\",\"name\":\"Telesign\",\"url\":\"https:\/\/www.telesign.com\/es\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"es\",\"@id\":\"https:\/\/www.telesign.com\/es#\/schema\/logo\/image\/\",\"url\":\"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/01\/62f4589601f1ea9dda43d66d_telesign-logo-generic.webp\",\"contentUrl\":\"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/01\/62f4589601f1ea9dda43d66d_telesign-logo-generic.webp\",\"width\":1200,\"height\":630,\"caption\":\"Telesign\"},\"image\":{\"@id\":\"https:\/\/www.telesign.com\/es#\/schema\/logo\/image\/\"},\"sameAs\":[\"https:\/\/www.facebook.com\/TelesignCorp\/?utm_source=telesign.com\"]}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Telesign terms of service 02-20 - Telesign","robots":{"index":"noindex","follow":"follow"},"og_locale":"es_ES","og_type":"article","og_title":"Telesign terms of service 02-20 - Telesign","og_description":"February 12, 2020Changes from previous version: New Sections 2.6, 2.7 and 6.3. This Agreement is executed as of the Effective Date defined below, and is between TeleSign and Client, as those terms are defined below (each a \u201cParty\u201d, and collectively, the \u201cParties\u201d). PLEASE REVIEW THIS AGREEMENT CAREFULLY. ONCE YOU CLICK \u201cGET STARTED\u201d, THIS AGREEMENT BECOMES","og_url":"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-02-20","og_site_name":"Telesign","article_publisher":"https:\/\/www.facebook.com\/TelesignCorp\/?utm_source=telesign.com","twitter_card":"summary_large_image","twitter_misc":{"Est. reading time":"41 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-02-20","url":"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-02-20","name":"Telesign terms of service 02-20 - Telesign","isPartOf":{"@id":"https:\/\/www.telesign.com\/es#website"},"datePublished":"2024-04-23T15:41:50+00:00","breadcrumb":{"@id":"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-02-20#breadcrumb"},"inLanguage":"es","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-02-20"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-02-20#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.telesign.com\/es"},{"@type":"ListItem","position":2,"name":"Telesign terms of service 02-20"}]},{"@type":"WebSite","@id":"https:\/\/www.telesign.com\/es#website","url":"https:\/\/www.telesign.com\/es","name":"Telesign","description":"Phone Number, SMS &amp; Identity Verification APIs | Telesign","publisher":{"@id":"https:\/\/www.telesign.com\/es#organization"},"potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.telesign.com\/es?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"es"},{"@type":"Organization","@id":"https:\/\/www.telesign.com\/es#organization","name":"Telesign","url":"https:\/\/www.telesign.com\/es","logo":{"@type":"ImageObject","inLanguage":"es","@id":"https:\/\/www.telesign.com\/es#\/schema\/logo\/image\/","url":"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/01\/62f4589601f1ea9dda43d66d_telesign-logo-generic.webp","contentUrl":"https:\/\/www.telesign.com\/wp-content\/uploads\/2023\/01\/62f4589601f1ea9dda43d66d_telesign-logo-generic.webp","width":1200,"height":630,"caption":"Telesign"},"image":{"@id":"https:\/\/www.telesign.com\/es#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/TelesignCorp\/?utm_source=telesign.com"]}]}},"_links":{"self":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/legal\/17413","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/legal"}],"about":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/types\/legal"}],"author":[{"embeddable":true,"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/users\/4"}],"wp:attachment":[{"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/media?parent=17413"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/categories?post=17413"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.telesign.com\/es\/wp-json\/wp\/v2\/tags?post=17413"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}},{"id":17412,"date":"2024-04-23T15:41:50","date_gmt":"2024-04-23T15:41:50","guid":{"rendered":"https:\/\/www.telesign.com\/legal\/telesign-terms-of-service-03-21"},"modified":"2024-04-23T15:41:50","modified_gmt":"2024-04-23T15:41:50","slug":"telesign-terms-of-service-03-21","status":"publish","type":"legal","link":"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-03-21","title":{"rendered":"Telesign terms of service 03-21"},"content":{"rendered":"<p><strong>March 23, 2021<\/p>\n<p>(<\/strong><a href=\"\/telesign-terms-of-service\"><strong>LINK TO THE LATEST VERSION<\/strong><\/a><strong>)<\/strong><\/p>\n<p><strong>Previous versions:<\/strong><\/p>\n<p><a href=\"\/legal\/telesign-terms-of-service-09-20\">September 15, 2020<\/a><\/p>\n<p><a href=\"\/legal\/telesign-terms-of-service-02-20\">February 12, 2020<\/a><\/p>\n<p><a href=\"\/legal\/telesign-terms-of-service-06-06-19\">June 6, 2019<\/a><\/p>\n<p><a href=\"\/legal\/telesign-terms-of-service-5-23-18\">May 23, 2018<\/a><\/p>\n<p><a href=\"\/legal\/telesign-terms-of-service-09-22-17\">September 22, 2017<\/a><\/p>\n<p><a href=\"\/legal\/telesign-terms-of-service-7-17\">July 27, 2017<\/a><\/p>\n<p><a href=\"\/legal\/telesign-terms-of-service-04-17\">April 12, 2017<\/a><\/p>\n<p>This Agreement is executed as of the Effective Date defined below, and is between <strong>TeleSign <\/strong>and <strong>Client<\/strong>, as those terms are defined below (each a \u201c<strong>Party<\/strong>\u201d, and collectively, the \u201c<strong>Parties<\/strong>\u201d). <\/p>\n<p><strong>PLEASE REVIEW THIS AGREEMENT CAREFULLY. ONCE YOU CLICK \u201cGET STARTED\u201d, THIS AGREEMENT BECOMES A BINDING LEGAL COMMITMENT BETWEEN YOU, THE CLIENT AND TELESIGN. IF YOU DO NOT WANT THE CLIENT TO BE BOUND BY THIS AGREEMENT, DO NOT CLICK THE \u201cGET STARTED\u201d BUTTON AND DO NOT USE TELESIGN\u2019S SERVICES. <\/p>\n<p>PLEASE NOTE \u2013 TELESIGN DOES NOT PROVIDE WARRANTIES IN RESPECT OF THE SERVICES, THIS AGREEMENT LIMITS TELESIGN\u2019S LIABILITY, AND TELESIGN HAS THE RIGHT TO AMEND BOTH THESE TERMS OF SERVICE AND THE FEES WE CHARGE FOR THE SERVICES. PLEASE REVIEW THIS AGREEMENT VERY CAREFULLY<\/strong>. In consideration of the mutual promises, agreements and conditions stated herein, the Parties agree as follows:<\/p>\n<p>1. <strong>DEFINITIONS<\/strong>.<\/p>\n<p>Unless the context requires otherwise, the following terms shall have the meaning set out in this section 1 when used in this Agreement or any Client Order:<\/p>\n<p>\u201c<strong>Acceptable Use Policy<\/strong>\u201d or \u201c<strong>AUP<\/strong>\u201d means the Client\u2019s and Users\u2019 obligations regarding use of the Services and Licensed Data as set out in <a href=\"https:\/\/www.telesign.com\/acceptable-use-policy\">https:\/\/www.telesign.com\/acceptable-use-policy<\/a> , as may be updated by TeleSign from time to time at its discretion.<\/p>\n<p>\u201c<strong>Additional Feature<\/strong>\u201d means any product feature which is not defined within the description of the Services, but which is introduced or made available to Client by TeleSign (including but not limited to the Bulk SMS, Opt-Out Management, URL shortener and SMS Retriever features), regardless of whether TeleSign charges for such feature.<\/p>\n<p>\u201c<strong>Affiliate<\/strong>\u201d means a company, person or entity that is owned or controlled by, that owns or controls or is under common ownership or control with a Party. Ownership shall mean direct or indirect ownership of more than 50% of the shares in a company or entity, and control shall mean any power to appoint persons to the board of directors of a company or entity.<\/p>\n<p>\u201c<strong>Applicable Law<\/strong>\u201d means any statute, statutory instrument, regulation, order and other legislative provision, including any delegated or subordinate legislation, and any judgment of a relevant court of law or decision of a tribunal or competent authority, to the extent any of the foregoing applies to a Party\u2019s performance of obligations under this Agreement in the relevant jurisdiction.<\/p>\n<p>\u201c<strong>API<\/strong>\u201d means application programming interface made available to Client by TeleSign that allows Client to create applications to make use of the Services.<\/p>\n<p>\u201c<strong>Client Data<\/strong>\u201d has the meaning as \u201cPersonal Data\u201d as set out in the Data Processing Addendum.<\/p>\n<p>\u201c<strong>Client Portal<\/strong>\u201d means a web portal maintained by TeleSign for all TeleSign\u2019s customers where they can securely login using their credentials to access information regarding their TeleSign account such as their billing and recent account activity.<\/p>\n<p>\u201c<strong>Content<\/strong>\u201d means personalized or specialized content or other information.<\/p>\n<p>\u201c<strong>Data Processing Addendum<\/strong>\u201d or \u201c<strong>DPA<\/strong>\u201d means the addendum located at <a href=\"https:\/\/ts.telesign.com\/hubfs\/Legal\/Online-TeleSign-DPA-2021.pdf\">https:\/\/www.telesign.com\/DPA<\/a> in effect upon the Effective Date of this Agreement, and as may be updated by TeleSign from time to time, provided any such updates do not result in the material degradation of the original privacy and security protections as may be required by Applicable Law, the terms of which are incorporated herein by this reference.<\/p>\n<p>\u201c<strong>Fees<\/strong>\u201d means the fees and charges payable to TeleSign pursuant to this Agreement, as defined in the Agreement or each Client Order.<\/p>\n<p>\u201c<strong>Inappropriate Content<\/strong>\u201d means any content which (a) is unsolicited, including without limitation, unauthorized \u201cbulk\u201d or \u201cspam\u201d messages; (b) contains or introduces \u201cviruses\u201d, \u201cworms\u201d, \u201cTrojan Horses\u201d, \u201ce-mail bombs\u201d, \u201ccancel bots\u201d or other similar computer programming routines; (c) is in any way unlawful; (d) infringes the intellectual property or privacy or other rights of any person, including without limitation the Intellectual Property Rights of TeleSign; or (e) executes, initiates or causes \u201dphishing\u201d or social engineering activities.<\/p>\n<p>\u201c<strong>Initial Term<\/strong>\u201d means the initial term of any Client Order, as defined in that Client Order.<\/p>\n<p>\u201c<strong>Intellectual Property Rights<\/strong>\u201d means all trade secrets, patents and patent applications, trademarks, services marks, trade names, internet domain names, copyrights (including copyrights in computer software), moral rights, rights in knowhow and any renewals or extensions of the foregoing, and all other proprietary rights, and all other equivalent or similar rights which may subsist anywhere in the world, including any renewals or extensions thereof.<\/p>\n<p>\u201c<strong>Licensed Data<\/strong>\u201d means the results returned to Client by or on behalf of TeleSign in response to the Client submitting Client Data as part of the Services.<\/p>\n<p>\u201c<strong>Party<\/strong>\u201d means TeleSign or Client, as the case may be.<\/p>\n<p>\u201c<strong>Personal Information<\/strong>\u201d means any information about an identified individual, or an individual whose identity may be inferred or determined from the information.<\/p>\n<p>\u201c<strong>Proprietary Marks<\/strong>\u201d has the meaning given in section 2.4.<\/p>\n<p>\u201c<strong>Renewal Term<\/strong>\u201d means any renewal term of any Client Order, as defined in that Client Order.<\/p>\n<p>\u201c<strong>SDK<\/strong>\u201d means a software development kit made available to Client by TeleSign to enable Client to develop applications to make use of the Services and is licensed to Client in accordance with TeleSign\u2019s SDK license agreement, which may be available at <a href=\"https:\/\/www.telesign.com\/telesign-sdk-license-agreement\">https:\/\/www.telesign.com\/telesign-sdk-license-agreement<\/a>, or within the SDK, as applicable, the terms of which may be amended by TeleSign from time to time at its discretion.<\/p>\n<p>\u201c<strong>Services<\/strong>\u201d means all products offered by TeleSign, now or in the future, as described at <a href=\"https:\/\/www.telesign.com\/services\">https:\/\/www.telesign.com\/services<\/a> or otherwise provided by TeleSign, and including any services delivered or accessed via an SDK or the Client Portal (including but not limited to outbound and inbound SMS messages and telephone calls to and from Users).<\/p>\n<p>\u201c<strong>SLA<\/strong>\u201d means the Service Level Agreement located at <a href=\"https:\/\/ts.telesign.com\/hubfs\/Legal\/UMM-TeleSign-SLA-Master-Template-032321.pdf\">www.telesign.com\/telesign-SLA<\/a> in effect upon the Effective Date of this Agreement, and as may be updated by TeleSign from time to time, so long as any such updates do not materially negatively impact the Service.<\/p>\n<p>\u201c<strong>SMS Content<\/strong>\u201d means Client Content to be sent via SMS Services.<\/p>\n<p>\u201c<strong>Term<\/strong>\u201d means the term of this Agreement or of any Client Order as the case may be, as defined in section 2.1 of the Agreement and in any Client Order.<\/p>\n<p>\u201c<strong>Transaction<\/strong>\u201d means each submission of Client Data to the Services by or on behalf of Client or a Client Affiliate or any User, including but not limited to any submission of voice or SMS content, or any other request to the Client Portal for any Service. Any submission of SMS content that requires splitting into more than one message shall be treated as a separate Transaction for each SMS sent or received by TeleSign.<\/p>\n<p>\u201c<strong>User<\/strong>\u201d means any customer, client or other user of Client\u2019s services in respect of whom Client Data is submitted.<\/p>\n<p>2. <strong>SCOPE OF SERVICES &amp; AGREEMENT<\/strong><\/p>\n<p>2.1 Term. This Agreement will enter into force on the Effective Date and will continue until terminated by either Party as provided in this Agreement (the \u201cTerm\u201d). The Term of any Client Order shall be defined in such Client Order, and notwithstanding any other provision herein, this Agreement shall continue for the duration of any Client Order until such Client Order is terminated in accordance with the terms of this Agreement.<\/p>\n<p>2.2 Services. Subject to the terms and conditions of this Agreement, and effective upon the Effective Date as set out in each Client Order, TeleSign shall make the Services available to the Client as set forth on such Client Order(s), during the Term of each such Client Order. Such Services will be provided via TeleSign\u2019s API, SDK or the Client Portal.<\/p>\n<p>2.3 Service Levels. The Services will materially comply with the Service definition set out in this Agreement and any associated documentation, and TeleSign shall provide the Services in compliance with the SLA, provided that the Services may be affected in the following circumstances:<\/p>\n<p>(a) TeleSign may temporarily suspend or discontinue the Services, with advance notice if practicable, at any time if TeleSign has reasonable cause to suspect that the Services are being used to transmit Inappropriate Content or to commit fraud, or if TeleSign reasonably believes such action is necessary to avoid an imminent material threat of harm to TeleSign, its Affiliates, Clients, Users, or any third party.<\/p>\n<p>(b) TeleSign may, upon three (3) business days\u2019 notice, suspend provision of the Services if (i) any Fees are due and unpaid; or (ii) Client or any Users fail to comply with the Acceptable Use Policy.<\/p>\n<p>(c) TeleSign may immediately and without notice suspend the Services in whole or in part if TeleSign reasonably suspects the Client\u2019s account is being used in breach of the SPAM Policy as set out in the Acceptable Use Policy.<\/p>\n<p>2.4 Intellectual Property Rights. Except as specifically set forth herein, TeleSign retains all right, title, and interest, including all Intellectual Property Rights, relating to or embodied in the Services, including without limitation all technology, hardware, software, systems and copies of the foregoing relating to the Services, including without limitation any upgrades, updates, or modifications thereof or otherwise. Such Intellectual Property Rights are licensed, not sold, solely for use by Client under the terms of this Agreement. All graphics, logos, service marks, and trade names, including third party names, product names, and brand names relating to products or services of each Party (collectively and respectively, each Party\u2019s \u201cProprietary Marks\u201d) are the trademarks of such Party. Except as set out in this Agreement, neither Party may alter, add to or remove from the other Party\u2019s products or services, any of the other Party\u2019s Proprietary Marks, copyright notices or other proprietary rights markings, or use any of the other Party\u2019s Proprietary Marks without the prior written permission of the other Party, which shall be at the exclusive discretion of the other Party.<\/p>\n<p>2.5 Fees and Payment Terms. All payments by Client hereunder shall be made only in United States Dollars. TeleSign reserves the right to change the Fees and\/or formulae by which the Fees are calculated by notifying Client at least five (5) days in advance of any such change(s).<\/p>\n<p>2.6 Invoice Terms. TeleSign shall issue invoices on a monthly basis, promptly following the end of each month for the total amount of Fees due for Services during that month. The invoice is due and payable thirty (30) calendar days from invoice date. If Client has a reasonable basis to dispute any invoice, it may do so by notifying TeleSign of the dispute prior to the invoice due date. If Client disputes any invoice, the parties will reasonably negotiate to resolve the dispute. Client shall be deemed to be in default hereunder if payment of any undisputed Fees are not received by TeleSign within Thirty (30) days of the invoice date and, in addition to its other remedies, TeleSign may charge Client interest at that rate equal to the lesser of one and one half percent (1\u00bd %) per month or the maximum amount permitted by Applicable Law on all sums that remain unpaid at the expiration of such period.<\/p>\n<p>2.7 Taxes. All Fees paid by Client under this Agreement and\/or a Client Order are exclusive of any taxes levied by any duly constituted taxing authority, including but not limited to withholding taxes, any sales, gross receipts, value-added taxes, tax surcharges, direct or indirect government assessment fees (other than taxes on TeleSign\u2019s income) and shall be made free and clear of any deduction such as commissions, clearing charges and payment charges imposed by intermediate banks (collectively \u201cTaxes and Costs\u201d). All such Taxes and Costs shall be borne by Client. For the avoidance of doubt, in the event any government or other authority or intermediary imposes any deduction or fee on TeleSign\u2019s Fees, Client shall increase the amount of Fees payable to TeleSign in a manner such that TeleSign receives the full amount of Fees due as stated on the respective invoice.<\/p>\n<p>2.8 Additional Features:<\/p>\n<p>(a) For the avoidance of doubt, any Additional Feature used by the Client is deemed to form part of the Services. Any insights or other information provided to Client by TeleSign as part of an Additional Feature shall be considered to be Licensed Data, as defined in this Agreement.<\/p>\n<p>(b) Client\u2019s use of any Additional Feature and such Licensed Data is subject to all terms and conditions set out in this Agreement, including the Acceptable Use Policy.<\/p>\n<p>(c) Except to the extent expressly stated herein, TeleSign provides no warranty or commitment in relation to any Additional Feature, including but not limited to the accuracy, timeliness or quality of any Licensed Data provided as part of such feature.<\/p>\n<p>(d) TeleSign reserves the right at any time to immediately suspend or cease providing any Additional Feature without notice.<\/p>\n<p>3. USE OF SERVICES &amp; DATA<\/p>\n<p>3.1 Acceptable Use Policy. Client shall, and shall ensure that its employees, Agents, contractors, Affiliates and any Users, abide at all times with TeleSign\u2019s Acceptable Use Policy. Client is solely responsible for payment of all charges and fees for requests submitted from Client\u2019s TeleSign account used to access the Services, and any damages or other consequences that may result from any misuse of, or Inappropriate Content transmitted from, Client\u2019s TeleSign account.<\/p>\n<p>3.2 SMS Content. Some destination countries of the SMS Services have compliance restrictions, policies or applicable country SMS regulations related to the type of Content sent via a route or provider and while some countries require content whitelisting. As such, notwithstanding anything to the contrary in the Agreement, all proposed SMS Content must first be approved by TeleSign to ensure delivery in that country. Client agrees to provide the SMS Content necessary for review by TeleSign. Only TeleSign approved SMS Content shall be allowed to be sent as part of SMS Services. Any proposed changes by Client to its previously approved user interface and SMS Content must be resubmitted for approval to TeleSign. In the event such proposed SMS Content shall incur any or additional costs not previously covered by the Fees, Client shall agree to bear the same or reimburse TeleSign accordingly.<\/p>\n<p>3.3 Phone Numbers. If it is required for the destination country of the Services or upon request by Client, TeleSign shall deliver the SMS or Voice Services via Phone Numbers which shall be leased to the Client at the fees set out in https:\/\/www.telesign.com\/phone-numbers-pricing\/. Except as otherwise set out in this Agreement or a Client Order, Client may, at any time during a billing cycle (monthly, every 3 months or annually (as applicable)), provide TeleSign with prior written notice to terminate the use of the leased Phone Numbers. Nevertheless, Client shall continue to be responsible for the Phone Numbers Fees during that billing cycle.<\/p>\n<p>3.4 Affiliates. Client\u2019s Affiliates shall be entitled to use the Services, subject at all times to all terms and conditions set out in this Agreement, including all obligations, warranties, undertakings and indemnities of the Client. Such use by Client\u2019s Affiliates shall be subject to the following terms and conditions:<\/p>\n<p>(a) TeleSign\u2019s contractual relationship remains with Client, and TeleSign shall have no legal or other responsibility towards any Client Affiliate.<\/p>\n<p>(b) Client shall be fully liable and responsible for all acts and omissions of all Affiliates, including making payment for use of Services and all obligations, warranties, undertakings and indemnities of the Client that relate to Affiliate use of the Services as set out in this Agreement.<\/p>\n<p>(c) Client shall ensure that no Affiliate shall make any claim against TeleSign, and shall instead bring any claim against TeleSign for alleged breach of this Agreement directly in the name of the Client.<\/p>\n<p>(d) If any Client Affiliates wish to bring claims against TeleSign and\/or TeleSign\u2019s Affiliates in relation to the same or similar alleged breach, such claims must be raised and heard as a single claim.<\/p>\n<p>(e) TeleSign may, on written notice to Client, determine that a specific Affiliate or Affiliates shall not be entitled to use the Services if such use would, in TeleSign\u2019s reasonable opinion, be likely to result in material harm to TeleSign, the Services, or TeleSign\u2019s other customers.<\/p>\n<p>3.5 Agents. If Client or Client Affiliates use any third party contractor, agent, partner, intermediary, service provider or platform (\u201cAgent\u201d) in order to receive or make use of the Services, or connect to the Client Portal or any other TeleSign computer systems or networks, Client shall be responsible for all use of the Services by such Agent (whether with or without Client\u2019s permission), and Client shall indemnify, defend and hold harmless TeleSign, its Affiliates, and their respective officers, directors, agents and employees against all liabilities, costs, expenses, damages and losses suffered or incurred arising out of any act or omission of such Agent.<\/p>\n<p>3.6 Carriers\u2019 Consent. Client acknowledges that some Licensed Data received from certain TeleSign Services may include data obtained from relevant telecommunications operators and\/or carriers (\u201cthe Carriers\u201d) and that use of such TeleSign Services by Client is conditional upon receipt of consent from the Carriers. To obtain such consent, Client must first complete the Client Onboarding Form, which Client agrees, shall be submitted by TeleSign on Client\u2019s behalf to the Carriers. Client further consents to TeleSign sharing details of the Client\u2019s proposed use of such TeleSign Services with the Carriers, which may include Client\u2019s Confidential Information, in order to provide the Carriers with additional context to the information provided by Client in the Client Onboarding Form. In the event the Carriers shall require Client to update or change its processes, terms of service, use or policies as set out in the Client Onboarding Form, Client agrees that it must comply with such requirements in order to obtain the consent from the Carriers. Client further agrees that TeleSign shall not be obliged to provide Client with such TeleSign Services until and unless Client has obtained the requisite consent from the Carriers nor shall Client hold TeleSign liable in the event the Carriers not approve the Client\u2019s use of such TeleSign Services.<\/p>\n<p>3.7 Caller ID Management Additional Terms. Client hereby authorizes TeleSign to provide its identification information (\u201cCaller ID\u201d) to third party provider\/carriers for the Caller ID Management Service and TeleSign may disclose the Caller ID with respect to a specific subscriber in response to a call.<\/p>\n<p>4. PRIVACY &amp; DATA PROTECTION<\/p>\n<p>4.1 Data Protection Laws. The Parties shall each perform its obligations under this Agreement in compliance with all Applicable Laws relating to the protection of privacy and data, in the provision and use of the Services as set out in the Data Processing Addendum.<\/p>\n<p>4.2 Client Data. TeleSign shall use Client Data only to provide, maintain, and improve the Services, and in accordance with the Data Processing Addendum. Client Data, including any Personal Information therein, may be stored and processed in the United States or any other countries<\/p>\n<p>in which TeleSign maintains facilities. Client consents to any such transfer and appoints TeleSign to conduct such a transfer on Client\u2019s behalf in order to provide the Services. Client acknowledges that as part of the Services, for every Transaction, an assessment is carried out as to the fraud risk of a particular Transaction. Client consents to the results of each such Transaction, including the telephone number to which such Transaction relates, being re-used by TeleSign for the purposes of future fraud identification and prevention as part of the Services.<\/p>\n<p>4.3 Consent. Client shall provide all Users with any disclosure or explanation required by Applicable Laws concerning the Client\u2019s use of the Services, and obtain, maintain and secure any necessary consent and authorizations from Users that may be required by Applicable Laws in order to authorize TeleSign\u2019s provision of the Services, or otherwise ensure a lawful basis for TeleSign\u2019s provision of the Services and processing of Client Data, including any Personal Information.<\/p>\n<p>4.4 Third Party Data Providers. The Licensed Data may include data obtained by third parties such as telecommunications operators. Client hereby consents to the disclosure by TeleSign of Client\u2019s (and its Users\u2019) identity to such third parties, for the limited purpose of ensuring that TeleSign is complying with the terms of its agreements with such third parties. If any such third party requires Users to provide specific consent to enable the provision of the Services, Client shall reasonably cooperate with TeleSign to confirm the sufficiency of such consent.<\/p>\n<p>5. CONFIDENTIALITY<\/p>\n<p>5.1 Confidential Information. As used herein, \u201cConfidential Information\u201d means all confidential and proprietary information of a Party (\u201cDisclosing Party\u201d) disclosed to the other Party (\u201cReceiving Party\u201d) that (a) if disclosed orally is designated as confidential at the time of disclosure, (b) if disclosed in writing is marked as \u201cConfidential\u201d and\/or \u201cProprietary\u201d, or (c) reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including, the terms and conditions of this Agreement (including pricing and other terms reflected in all Client Orders) and\/or of provision of the Services, screen shots of the Services, pricing in proposals, business and marketing materials, technology and technical information, product designs, and business processes. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party, which can be demonstrated with clear and convincing evidence; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.<\/p>\n<p>5.2 Confidentiality. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party\u2019s prior written permission. Notwithstanding the foregoing, the Receiving Party may disclose such Confidential Information to those of its employees, contractors and Affiliates who need to know such information for purposes of performing or receiving the Services and certifies that such employees and contractors have agreed, either as a condition of employment or in order to obtain the Confidential Information, to be bound by terms and conditions substantially similar to those in this Agreement. Further, each Party may disclose the existence and terms of this Agreement, in confidence on terms no less strict than as set out herein, to a potential purchaser of or successor to any portion of such Party\u2019s business resulting from the reorganization, spin-off, or sale of all or a portion of all of the assets of any business, division, or group of such Party. The Receiving Party shall use the same degree of care to protect the Confidential Information as it uses to protect its own information of a confidential and proprietary nature, but in no event shall it use less than a commercially reasonable degree of care.<\/p>\n<p>5.3 Compelled Disclosure. If the Receiving Party is compelled by Applicable Law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party\u2019s cost, if the Disclosing Party wishes to contest the disclosure.<\/p>\n<p>6. WARRANTIES, INDEMNITIES, LIABILITY AND TERMINATION<\/p>\n<p>6.1 TeleSign Warranties. TeleSign warrants that, during the ninety (90) day period following delivery, the Services will perform materially as described at https:\/\/www.telesign.com\/services. Client\u2019s only remedy, for any breach of this warranty will be, at TeleSign\u2019s option and expense, to either (a) repair the Service; (b) replace the Service; or (c) terminate this Agreement with respect to the defective Service, and refund the unused, prepaid Fees for the defective Service during the then-current Term.<\/p>\n<p>6.2 Client Warranties. Client warrants and represents that, in the use of the Services, it will: (a) comply with the Acceptable Use Policy; (b) use the Services and the Licensed Data in compliance with all Applicable Laws; and (c) obtain and maintain all necessary licenses, consents and permissions necessary for TeleSign to perform its obligations under this Agreement, including the provision of the Services.<\/p>\n<p>6.3 Disclaimers of Warranty. EXCEPT AS PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBED TO CLIENT \u201cAS IS\u201d AND WITH ALL FAULTS. EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND\/OR WARRANTY OF ANY KIND WHATSOEVER,<\/p>\n<p>EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND\/OR ANY WARRANTY THAT PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND\/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENT.<\/p>\n<p>6.4 TeleSign Indemnity. TeleSign (the \u201cIndemnifying Party\u201d) will defend Client (the \u201cIndemnified Party\u201d) against any claim brought by an unaffiliated third party to the extent it alleges Client\u2019s authorized use of the Services infringes a copyright, patent, or trademark or misappropriates a trade secret of an unaffiliated third party.<\/p>\n<p>6.5 IPR Claim. In the defense or settlement of any Claim relating to section 6.4(i), TeleSign may obtain for Client the right to continue using the Services, replace or modify the Services so that they become non-infringing or, if such remedies are not reasonably available, terminate this Agreement without liability to Client. Section 6.4 and this section 6.5 set out the entire liability of TeleSign and the sole remedy of Client with respect to any such infringement or violation relating to the Services.<\/p>\n<p>6.6 No fault. If the Services are found to violate the Intellectual Property Rights of a third party, TeleSign will have no obligation under section 6.4 for any infringement or violation claim that arises as a result of: (i) Client\u2019s use of the Services in breach of the Acceptable Use Policy; (ii) the combination, operation or use of the Services with equipment, software, content, services or data not supplied or recommended by TeleSign in writing; and\/or (iii) Client\u2019s failure to use updated or modified software provided by TeleSign to avoid an infringement claim or failure to install upgrades or patches in a timely manner.<\/p>\n<p>6.7 Client Indemnity. Client (the \u201cIndemnifying Party\u201d) will defend TeleSign (the \u201cIndemnified Party\u201d) against any claim brought by an unaffiliated third party arising from: (i) Client Content and Client Data used with the Services; (ii) Client\u2019s use of the Services in breach of this Agreement and\/or the Acceptable Use Policy; (iii) Client\u2019s combination, operation or use of the Services with equipment, software, content, services or data not supplied or recommended by TeleSign in writing.<\/p>\n<p>6.8 Indemnification procedure. The Parties will defend each other against third-party claims as and to the extent set forth in sections 6.4 and 6.7 (each a \u201cClaim\u201d), and will pay the amount of any resulting adverse final judgment or approved settlement. If any third party makes a Claim, or notifies an intention to make a Claim, the Indemnified Party shall:<\/p>\n<p>(a) as soon as reasonably practicable, give written notice of the Claim to the Indemnifying Party, specifying the nature of the Claim in reasonable detail;<\/p>\n<p>(b) not make any admission of liability, agreement or compromise in relation to the Claim without the prior written consent of the Indemnifying Party (such consent not to be unreasonably conditioned, withheld or delayed);<\/p>\n<p>(c) give the Indemnifying Party and its professional advisers access at reasonable times (on reasonable prior notice) to its premises and its officers, directors, employees, agents, representatives or advisers, and to any relevant assets, accounts, documents and records within the power or control of the Indemnified Party, so as to enable the Indemnifying Party and its professional advisers to examine them and to take copies (at the Indemnifying Party\u2019s expense) for the purpose of assessing the Claim; and<\/p>\n<p>(d) subject to the Indemnifying Party providing security to the Indemnified Party\u2019s reasonable satisfaction against any claim, liability, costs, expenses, damages or losses which may be incurred, take such action as the Indemnifying Party may reasonably request to avoid, dispute, compromise or defend the Claim.<\/p>\n<p>6.9 Limitation of Liability. OTHER THAN IN RESPECT OF ANY INDEMNITY GIVEN PURSUANT TO SECTIONS 6.4 AND 6.7, EACH PARTY\u2019S AGGREGATE LIABILITY TO THE OTHER PARTY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL IN NO EVENT EXCEED THE TOTAL OF ALL AMOUNTS PAID BY CLIENT TO TELESIGN FOR THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE LIABILITY AROSE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST INCOME, LOST PROFITS, PRESENT AND FUTURE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY (EXPRESS OR IMPLIED), ACTIVE OR PASSIVE NEGLIGENCE, INTENTIONAL OR UNINTENTIONAL TORT, STRICT LIABILITY, VIOLATION OF STATUTE, ORDINANCE OR REGULATION, FAILURE OF CONSIDERATION, OR OTHER BASIS, ARISING OUT OF THE PROVISION OF THE SERVICES. NOTWITHSTANDING THE FOREGOING, NEITHER PARTY EXCLUDES OR LIMITS LIABILITY TO THE OTHER PARTY FOR: (I) FRAUD OR FRAUDULENT MISREPRESENTATION; (II) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (III) INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE; AND\/OR (IV) IF SUCH EXCLUSION OR LIMITATION WOULD BE IN BREACH OF ANY APPLICABLE LAW.<\/p>\n<p>6.10 Termination.<\/p>\n<p>(a) Without affecting any other right or remedy available to it, either Party may terminate this Agreement or any Client Order with immediate effect by giving written notice to the other Party if the other Party commits a material breach of any term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 calendar days after being notified in writing to do so;<\/p>\n<p>(b) Either Party may terminate this Agreement or any Client Order for any or no cause with ninety (90) days prior written notice.<\/p>\n<p>(c) The termination of this Agreement shall not release Client from its obligations and liability to TeleSign with respect to any Fees incurred up to and including the date of termination (whether or not such Fees have been invoiced). Any such amounts shall become immediately due and payable upon termination.<\/p>\n<p>(d) On termination of this Agreement or any Client Order for any reason, all licenses granted under this Agreement or such Client Order shall immediately terminate. Any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination, including the right to payment of Fees incurred and to claim damages in respect of any breach of the Agreement which existed at or before the date of termination shall not be affected or prejudiced.<\/p>\n<p>7. MISCELLANEOUS PROVISIONS<\/p>\n<p>7.1 Force Majeure. Neither Party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability or interruption or delay in telecommunications or third party Services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed, or any other event beyond the Parties\u2019 reasonable control, whether similar or dissimilar to the foregoing.<\/p>\n<p>7.2 Assignment &amp; Subcontracting:<\/p>\n<p>(a) This Agreement may not be transferred or assigned, in whole or in part, by any Party without the prior written authorization of the other Party, which shall not be unreasonably withheld. Notwithstanding the foregoing sentence, either Party may assign and\/or novate this Agreement to a successor in interest in the event of a reorganization, merger, consolidation or sale of all of such Party\u2019s assets or stock, except that neither Party may assign this Agreement to any entity that competes, directly or indirectly, with the non-assigning Party without the non-assigning Party\u2019s written prior consent. A Party properly assigning this Agreement will provide notice of such assignment within sixty (60) days of the effective date of the assignment.<\/p>\n<p>(b) Either Party may subcontract its obligations under this Agreement to an Affiliate, provided that the Party remains fully responsible for all acts and omissions of its Affiliates, and for any failure of its Affiliates to comply with all obligations and responsibilities of the Party under this Agreement and any applicable Client Orders. Nothing in this Agreement creates any contractual relationship between a Party and any Affiliate of the other Party.<\/p>\n<p>7.3 Use of Proprietary Marks. Each Party may use the other Party\u2019s Proprietary Marks on its website and in promotional materials, solely to refer to the Client\u2019s use of the Services, and only in accordance with any usage guidelines provided by the other Party.<\/p>\n<p>7.4 Waiver and Amendments. No waiver, amendment, or modification of any provision of this Agreement shall be effective unless agreed to by both parties in writing. No failure or delay by either Party in exercising any rights, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy.<\/p>\n<p>7.5 Severability. Should any term of this Agreement be finally determined by a court of competent jurisdiction to be invalid, unenforceable or otherwise contrary to law or equity, the parties agree that such provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its invalidity or unenforceability, and that the other provisions of this Agreement shall remain unaffected. If any part of this Agreement is determined to be invalid or unenforceable pursuant to Applicable Law then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.<\/p>\n<p>7.6 Third Party Beneficiaries. Except as expressly provided for herein, the provisions of this Agreement are solely for the benefit of the parties hereto and not for the benefit of any third parties.<\/p>\n<p>7.7 Governing Law; Forum. The laws of the State of California shall exclusively govern this Agreement, without regard to any contrary conflicts of laws principles. In event of a dispute arising under this Agreement, each Party will make reasonable, good-faith efforts to resolve such dispute informally. The parties agree to waive jury trial as to any claim, controversy or dispute arising under or related to this Agreement. All legal disputes arising from this Agreement shall be resolved in the Federal and\/or State Courts of the County of Los Angeles, California.<\/p>\n<p>7.8 Headings; Attachments. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. The exhibits and attachments attached hereto are incorporated and made a part of this Agreement by this reference.<\/p>\n<p>7.9 Independent Contractor. Each Party is an independent contractor as to each other and no agency, partnership, joint venture or any legal relationship other than that of independent contractor is established by this Agreement.<\/p>\n<p>7.10 Entire Agreement. This Agreement represents the entire Agreement between the parties and supersedes all prior and contemporaneous Agreements and understandings, both oral and written in nature, between the parties relating to the matters contained and set forth within the terms and conditions of this Agreement. The Parties hereby agree to the execution of this Agreement in one or more counterparts, and\/or by electronic signature, including the use of the platform and processes of DocuSign, Inc. as may be updated from time to time.<\/p>\n<p>7.11 No impact on other remedies. Except as otherwise expressly provided in this Agreement, each Party\u2019s remedies herein are in addition to any and all rights and remedies available to such Party at law or in equity.<\/p>\n<p>7.12 Notices. Notices shall be in writing and shall be personally delivered, delivered via courier or via certified mail, or by email to the other Party at the address first set forth above, or such new address as may from time to time be designated in writing by a Party. Notices shall be deemed effective upon receipt, or if delivery is not effected by reason of some fault of the addressee, when tendered.<\/p>\n<p>7.13 Survival. Sections 2.3, 2.4, 3.1, 3.5, 4.1, 5, 6.3&#8211;6.9, and 7.5-7.14 shall survive the termination of this Agreement.<\/p>\n<p>7.14 Agreement Terms and Priority. This Agreement shall consist of this Agreement, all Client Orders and all other exhibits, attachments, addenda and amendments hereto. If there is an inconsistency between any of the provisions in those documents, the provisions in each Client Order shall prevail over all others in respect of the Services governed by such Client Order, and the provisions in any exhibit, attachment or addenda shall prevail over the main body of the Agreement. Notwithstanding the foregoing, all provisions in the main Agreement relating to confidentiality, warranties, indemnities, limitation of liability and termination shall apply to all Client Orders and all exhibits, attachments, addenda and amendments hereto.<\/p>\n<p>\u200d<\/p>\n<p>&nbsp;<\/p>\n<p>\u200d<\/p>\n<p>\u200d<\/p>\n<p>\u200d<\/p>\n<p>\u200d<\/p>\n<p>\u200d<\/p>\n","protected":false},"excerpt":{"rendered":"<p>March 23, 2021 (LINK TO THE LATEST VERSION) Previous versions: September 15, 2020 February 12, 2020 June 6, 2019 May 23, 2018 September 22, 2017 July 27, 2017 April 12, 2017 This Agreement is executed as of the Effective Date defined below, and is between TeleSign and Client, as those terms are defined below (each<\/p>\n","protected":false},"author":4,"featured_media":0,"template":"","categories":[],"tags":[],"class_list":["post-17412","legal","type-legal","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.2 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Telesign terms of service 03-21 - Telesign<\/title>\n<meta name=\"robots\" content=\"noindex, follow\" \/>\n<meta property=\"og:locale\" content=\"es_ES\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Telesign terms of service 03-21 - Telesign\" \/>\n<meta property=\"og:description\" content=\"March 23, 2021 (LINK TO THE LATEST VERSION) Previous versions: September 15, 2020 February 12, 2020 June 6, 2019 May 23, 2018 September 22, 2017 July 27, 2017 April 12, 2017 This Agreement is executed as of the Effective Date defined below, and is between TeleSign and Client, as those terms are defined below (each\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-03-21\" \/>\n<meta property=\"og:site_name\" content=\"Telesign\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/TelesignCorp\/?utm_source=telesign.com\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data1\" content=\"31 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-03-21\",\"url\":\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-03-21\",\"name\":\"Telesign terms of service 03-21 - Telesign\",\"isPartOf\":{\"@id\":\"https:\/\/www.telesign.com\/es#website\"},\"datePublished\":\"2024-04-23T15:41:50+00:00\",\"breadcrumb\":{\"@id\":\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-03-21#breadcrumb\"},\"inLanguage\":\"es\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-03-21\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/www.telesign.com\/es\/legal\/telesign-terms-of-service-03-21#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.telesign.com\/es\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Telesign terms of service 03-21\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.telesign.com\/es#website\",\"url\":\"https:\/\/www.telesign.com\/es\",\"name\":\"Telesign\",\"description\":\"Phone Number, SMS &amp; 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ONCE YOU CLICK \u201cGET STARTED\u201d, THIS AGREEMENT BECOMES A BINDING LEGAL COMMITMENT BETWEEN YOU, THE CLIENT AND TELESIGN. IF YOU DO NOT WANT THE CLIENT TO BE BOUND BY THIS AGREEMENT, DO NOT CLICK THE \u201cGET STARTED\u201d BUTTON AND DO NOT USE TELESIGN\u2019S SERVICES.<\/strong><\/p>\n<p><strong>PLEASE NOTE \u2013 TELESIGN DOES NOT PROVIDE WARRANTIES IN RESPECT OF THE SERVICES, THIS AGREEMENT LIMITS TELESIGN\u2019S LIABILITY, AND TELESIGN HAS THE RIGHT TO AMEND BOTH THESE TERMS OF SERVICE AND THE FEES WE CHARGE FOR THE SERVICES. \u00a0PLEASE REVIEW SECTIONS 5.2, 9 &amp; 10.4 VERY CAREFULLY.<\/strong><\/p>\n<p>In consideration of the mutual promises, agreements and conditions stated herein, the Parties agree as follows:<\/p>\n<p><strong>1. Definitions<\/strong><\/p>\n<p>Unless the context requires otherwise, the following terms shall have the meaning set out in this section 1 when used in this Agreement:<\/p>\n<p>\u201c<strong>Acceptable Use Policy<\/strong>\u201d or \u201c<strong>AUP<\/strong>\u201d means the Client\u2019s and Users\u2019 obligations regarding use of the Services and Licensed Data as set out in <a href=\"\/acceptable-use-policy\">https:\/\/www.telesign.com\/acceptable-use-policy<\/a>, as may be updated by TeleSign from time to time at its discretion.<\/p>\n<p>\u201c<strong>Affiliate<\/strong>\u201d means a company, person or entity that is owned or controlled by, that owns or controls or is under common ownership or control with a Party. \u00a0Ownership shall mean direct or indirect ownership of more than 50% of the shares in a company or entity, and control shall mean any power to appoint persons to the board of directors of a company or entity.<\/p>\n<p>\u201c<strong>Agreement<\/strong>\u201d means the terms and conditions set out in these Terms of Service, as such terms may be amended by TeleSign from time to time as described herein, including TeleSign\u2019s AUP, PSA, Privacy Policy, and any schedules, annexes, policies and service descriptions linked hereto.<\/p>\n<p>\u201c<strong>Applicable Law<\/strong>\u201d means any statute, statutory instrument, regulation, order and other legislative provision, including any delegated or subordinate legislation, and any judgment of a relevant court of law or decision of a tribunal or competent authority, to the extent any of the foregoing applies to a Party\u2019s performance of obligations under this Agreement in the relevant jurisdiction.<\/p>\n<p>\u201c<strong>Carrier<\/strong>\u201d means any telecommunications service provider that may provide services used in the delivery of the Services, including SMS and voice interconnect and transit providers, data center operators, and fixed and mobile operators.<\/p>\n<p>\u201c<strong>Client<\/strong>\u201d, \u201c<strong>you<\/strong>\u201d or \u201c<strong>your<\/strong>\u201d means the company entered into the Company Name field on the account application page of TeleSign\u2019s website when signing up to use the Services, as well as the person that completes the account application (where applicable).<\/p>\n<p>\u201c<strong>Client Portal<\/strong>\u201d means a web portal maintained by TeleSign for TeleSign\u2019s customers where they can securely login using their credentials to access information regarding their TeleSign account such as their billing and recent account activity, and includes any other delivery mechanism for the Services provided by TeleSign, including but not limited to any SDK or API.<\/p>\n<p>\u201c<strong>Content Standards<\/strong>\u201d means the content standards set out in section 1 of the Acceptable Use Policy.<\/p>\n<p>\u201c<strong>Effective Date<\/strong>\u201d means the date that you accept these Terms of Service by clicking \u201cGet Started\u201d on the account application page (or other mechanism provided), subject to successful completion of identity verification and any other checks carried out by TeleSign in its discretion.<\/p>\n<p>\u201c<strong>Fees<\/strong>\u201d means the fees and charges payable to TeleSign pursuant to this Agreement for the Services, as listed in applicable Price Plans.<\/p>\n<p>\u201c<strong>Free Trial<\/strong>\u201d means Client\u2019s use of the Services for the period of time, number of transactions, amount of credit, or other limitation stated by TeleSign, commencing on the Effective Date.<\/p>\n<p>\u201c<strong>Inappropriate Content<\/strong>\u201d means any content which (a) is unsolicited, including without limitation, unauthorized \u201cbulk\u201d or \u201cspam\u201d messages; \u00a0(b) contains or introduces \u201cviruses\u201d, \u201cworms\u201d, \u201cTrojan Horses\u201d, \u201ce-mail bombs\u201d, \u201ccancel bots\u201d or other similar computer programming routines; (c) is in any way in breach of Applicable Law or otherwise unlawful; (d) infringes the intellectual property or privacy or other rights of any person, including without limitation the Intellectual Property Rights of TeleSign; (e) violates the Content Standards; (f) is misleading or deceptive; (g) is offensive to public morals, decency or sensibilities; or (h) executes, initiates or causes \u201dphishing\u201d or social engineering activities.<\/p>\n<p>\u201c<strong>Intellectual Property Rights<\/strong>\u201d means all trade secrets, patents and patent applications, trademarks, services marks, trade names, internet domain names, copyrights (including copyrights in computer software), moral rights, rights in knowhow and any renewals or extensions of the foregoing, and all other proprietary rights, and all other equivalent or similar rights which may subsist anywhere in the world, including any renewals or extensions thereof.<\/p>\n<p>\u201c<strong>Licensed Data<\/strong>\u201d means the results returned to Client by or on behalf of TeleSign in response to Client submitting Client Data as part of the Services.<\/p>\n<p>\u201c<strong>Personal Information<\/strong>\u201d means any information about an identified individual, or an individual whose identity may be inferred or determined from the information.<\/p>\n<p>\u201c<strong>Price Plan<\/strong>\u201d means the schedule of Fees for a particular Service located at https:\/\/www.telesign.com\/pricing\/sms-and-voice, which may be updated from time to time by TeleSign at its discretion.<\/p>\n<p>\u201c<strong>Privacy and Security Addendum<\/strong>\u201d or \u201c<strong>PSA<\/strong>\u201d means the addendum located at <a href=\"https:\/\/ts.telesign.com\/hubfs\/Legal\/TeleSign-Privacy-Security-Addendum-30-Mar-2016-ARCHIVED.pdf\">www.telesign.com\/telesign-PSA<\/a> in effect upon the Effective Date of this Agreement, and as may be updated by TeleSign from time to time in its discretion.<\/p>\n<p>\u201c<strong>Privacy Policy<\/strong>\u201d means TeleSign\u2019s privacy policy located at <a href=\"\/privacy-notice\">https:\/\/www.telesign.com\/privacy-notice<\/a>, as may be updated by TeleSign from time to time at its discretion.<\/p>\n<p>\u201c<strong>Proprietary Marks<\/strong>\u201d has the meaning given in section 2.4.<\/p>\n<p>\u201c<strong>SDK<\/strong>\u201d means a software development kit made available to Client by TeleSign to enable Client to develop applications to make use of the Services.<\/p>\n<p>\u201c<strong>Services<\/strong>\u201d means all products offered by TeleSign, now or in the future, as described at <a href=\"\/services\">https:\/\/www.telesign.com\/services<\/a> or otherwise provided by TeleSign, and including any services delivered or accessed via an SDK or the Client Portal (including but not limited to outbound and inbound SMS messages and telephone calls to and from Users).<\/p>\n<p>\u201c<strong>SPAM Policy<\/strong>\u201d means the SPAM policy set out in section 2 of the Acceptable Use Policy.<\/p>\n<p>\u201c<strong>TeleSign<\/strong>\u201d, \u201c<strong>we<\/strong>\u201d or \u201c<strong>us<\/strong>\u201d means TeleSign Corporation, a California corporation located at 13274 Fiji Way Suite 500, Marina del Rey, CA \u00a090292, and its Afffiliates.<\/p>\n<p>\u201c<strong>Transaction<\/strong>\u201d means each submission of Client Data to the Services by or on behalf of Client or a Client Affiliate or any User, including but not limited to any submission of voice or SMS content, or any other request to the Client Portal for any Service. \u00a0Any submission of SMS content that requires splitting into more than one message shall be treated as a separate Transaction for each SMS sent or received by TeleSign. \u00a0For any Services for which Fees are charged upon verification, the Transaction shall be deemed complete when a response confirming verification or failure to verify has been received by TeleSign from the relevant SDK or other delivery mechanism.<\/p>\n<p>\u201c<strong>Term<\/strong>\u201d means the term of this Agreement, as defined in section 2.1 of the Agreement.<\/p>\n<p>\u201c<strong>Upgrade<\/strong>\u201d means the process of upgrading the Client\u2019s account from the Free Trial into a fully functional account by entering valid payment details in the Client Portal.<\/p>\n<p>\u201c<strong>User<\/strong>\u201d means any customer, client or other user of Client\u2019s services in respect of whom Client Data is submitted.<\/p>\n<p>\u201c<strong>Website Terms &amp; Conditions<\/strong>\u201d means the terms and conditions governing use of TeleSign\u2019s website located at <a href=\"\/terms-conditions\">https:\/\/www.telesign.com\/terms-conditions<\/a>, as may be updated by TeleSign from time to time at its discretion<\/p>\n<p><strong>2. Scope of Services &amp; Agreement<\/strong><\/p>\n<p>2.1 \u00a0 \u00a0 \u00a0Term. \u00a0The Agreement shall commence on the Effective Date and continue until terminated by either Party in accordance with this Agreement (the \u201c<strong>Term<\/strong>\u201d).<\/p>\n<p>2.2 \u00a0 \u00a0 \u00a0Services<strong>. \u00a0<\/strong>Subject to the terms and conditions of this Agreement, and effective upon the Effective Date, TeleSign shall make the Services available to the Client during the Term. \u00a0Such Services will be provided via TeleSign\u2019s applications and programming interfaces, SDK or the Client Portal.<\/p>\n<p>2.3 \u00a0 \u00a0 \u00a0Service Levels.<strong> \u00a0<\/strong>The Services will materially comply with the Service definitions set out in this Agreement and any associated documentation, provided that the Services may be affected in the following circumstances:<\/p>\n<p>(a) \u00a0 \u00a0 \u00a0 TeleSign may temporarily suspend or discontinue the Services, with advance notice if practicable, at any time if:<\/p>\n<p>(i) \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 TeleSign has reasonable cause to suspect that the Services are being used to transmit Inappropriate Content or to commit fraud;<\/p>\n<p>(ii) \u00a0 \u00a0 \u00a0 \u00a0 \u00a0TeleSign reasonably believes such action is necessary to avoid an imminent material threat of harm to TeleSign, its Affiliates, Clients, Users, or any third party; or<\/p>\n<p>(iii) \u00a0 \u00a0 \u00a0 \u00a0 the Client Portal or Services require maintenance or repair; and<\/p>\n<p>(b) \u00a0 \u00a0 \u00a0 TeleSign may, upon written notice (including via email), suspend provision of the Services if:<\/p>\n<p>(i) \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 any Fees are due and unpaid;<\/p>\n<p>(ii) \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Client or any Users fail to comply with the Acceptable Use Policy; or<\/p>\n<p>(iii) \u00a0 \u00a0 \u00a0 \u00a0 any agreement between TeleSign and a Carrier on which the Services are reliant is suspended or terminated.<\/p>\n<p>2.4 \u00a0 \u00a0 \u00a0Intellectual Property Rights. \u00a0Except as specifically set forth herein, TeleSign retains all right, title, and interest, including all Intellectual Property Rights, relating to or embodied in the Services, including without limitation all technology, hardware, software, systems and copies of the foregoing relating to the Services, including without limitation any upgrades, updates, or modifications thereof or otherwise. \u00a0Such Intellectual Property Rights are licensed, not sold, solely for use by Client under the terms of this Agreement. \u00a0 All graphics, logos, service marks, and trade names, including company names, third party names, product names, and brand names relating to products or services of each Party (collectively and respectively, each Party\u2019s \u201c<strong>Proprietary Marks<\/strong>\u201d) are the trademarks of such Party. Except as set out in this Agreement, neither Party may alter, add to or remove from the other Party\u2019s products or services, any of the other Party\u2019s Proprietary Marks, copyright notices or other proprietary rights markings, or use any of the other Party\u2019s Proprietary Marks without the prior written permission of the other Party, which shall be at the exclusive discretion of the other Party. \u00a0 Any SDK made available to Client is licensed to Client in accordance with TeleSign\u2019s SDK license agreement, which is available at <a href=\"\/telesign-sdk-license-agreement\">https:\/\/www.telesign.com\/telesign-sdk-license-agreement\/<\/a>, \u00a0the terms of which may be amended by TeleSign from time to time at its discretion.<\/p>\n<p><strong>3. Website Terms &amp; Conditions<\/strong><\/p>\n<p>3.1 \u00a0 \u00a0 \u00a0Client shall, and shall ensure that its employees, agents, contractors, affiliates and any Users, comply with TeleSign\u2019s Website Terms &amp; Conditions.<\/p>\n<p><strong>4. Free Trial<\/strong><\/p>\n<p>The following terms and conditions apply to Client\u2019s use of the Services during the Free Trial:<\/p>\n<p>4.1 \u00a0 \u00a0 \u00a0Free Trial. \u00a0Client may evaluate the Services at no charge up to a maximum of the number of Transactions or credit stated on the Client Portal \u00a0(\u201c<strong>Maximum Transactions<\/strong>\u201d) during the Free Trial. If Client exceeds the number of Maximum Transactions allowed, TeleSign may invoice Client for such Transactions in excess of the Maximum Transactions at a fee of $0.10 per Transaction. \u00a0Any such fees shall be payable within 30 days of the date of invoice. \u00a0If the Maximum Transactions are reached, TeleSign reserves the right to cease providing Services immediately and without notice.<\/p>\n<p>4.2 \u00a0 \u00a0 \u00a0Evaluation only. \u00a0Client agrees to use the Services solely for its own internal analysis to evaluate and determine the acceptability of the Services and whether Client has an interest in obtaining, as appropriate, the Services from TeleSign for use by Client. \u00a0Client is prohibited from using the Services for any other purposes whatsoever (including any commercial purpose), until and unless Client Upgrades its account<\/p>\n<p>4.3 \u00a0 \u00a0 \u00a0Suspension. \u00a0TeleSign reserves the right to suspend or terminate the Services provided under this Agreement at any time during the Free Trial in its discretion.<\/p>\n<p>4.4 \u00a0 \u00a0 \u00a0Termination of Free Trial. \u00a0At the termination or expiry of the Free Trial:<\/p>\n<p>(a) \u00a0 \u00a0 \u00a0 Client\u2019s right to use the Services, and TeleSign\u2019s commitment to provide the Services, shall cease unless and until Client Upgrades its account; and<\/p>\n<p>(b) \u00a0 \u00a0 \u00a0 Client shall upon request by TeleSign destroy or delete (at TeleSign\u2019s discretion), the Confidential Information and all copies thereof and shall provide a written certification to TeleSign as to the destruction or deletion of the Confidential Information from their computer systems. \u00a0Client agrees to hold the processes and methodology of the Services in strict confidence and not to disclose such processes and methodology to any third party or to use it for any purpose other than as specifically authorized herein. \u00a0Further, Client agrees that any results of its evaluation of the Services and\/or reports generated thereby shall be considered and treated as TeleSign\u2019s Confidential Information. Client\u2019s obligations under this section shall survive any termination of this Agreement.<\/p>\n<p><strong>5. Account Upgrade, Fees &amp; Payment<\/strong><\/p>\n<p>5.1 \u00a0 \u00a0 \u00a0Account Upgrade. \u00a0At any time during or following expiry of the Free Trial, Client may Upgrade its account. \u00a0Upon Upgrade, the Free Trial shall immediately cease, and Client shall be required to pay the Fees for the Services, in accordance with the payment terms set out in this section 5. \u00a0Client hereby irrevocably commits to pay all Fees for the Services upon Upgrading its account.<\/p>\n<p>5.2 \u00a0 \u00a0 \u00a0Fees. \u00a0If there is a Fee expressed for any element of the Services in a Price Plan, TeleSign shall charge Client such Fee for each Transaction as described in the relevant Price Plan. \u00a0The Fee stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. Client is solely responsible for paying any such taxes or other charges. TeleSign reserves the right to change the Price Plans, Fees and\/or formulae by which the Fees are calculated by notifying Client from time to time. \u00a0Such notification may be made by updating Price Plans and\/or via email or other notification on the Client Portal. \u00a0TeleSign will endeavor to provide at least five (5) days in advance of any such change(s), unless such changes result from regulatory requirement or changes imposed by Carriers on less than 5 days\u2019 notice.<\/p>\n<p>5.3 \u00a0 \u00a0 \u00a0Payment terms.<\/p>\n<p>(a) \u00a0 \u00a0 \u00a0 USD. \u00a0All payments by Client hereunder shall be made only in United States Dollars.<\/p>\n<p>(b) \u00a0 \u00a0 \u00a0 Billing information &amp; disputes. \u00a0TeleSign will provide usage and billing information on the Client Portal. \u00a0Client must notify TeleSign of any dispute in relation to Fees within 60 days of the relevant Services being delivered, in which case TeleSign and Client will cooperate to investigate and resolve the dispute. \u00a0Client waives its right to challenge any Fees not disputed within such time, and TeleSign is hereby released from all liability and claims of loss resulting from any error not notified within such time.<\/p>\n<p>(c) \u00a0 \u00a0 \u00a0 Payment method. \u00a0To pay the Fees for any Service, you are required to provide a valid payment method at the time you sign up for that Service. You can access and change your payment method at any time via the Client Portal. \u00a0You hereby authorise TeleSign to use any account information regarding your selected payment method provided or required by your issuing bank. You agree to promptly update your account and other information, including your email address and payment method details.<\/p>\n<p>(d) \u00a0 \u00a0 \u00a0 Payment information. \u00a0 By providing TeleSign with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize TeleSign to charge Client for the Services using such payment method.<\/p>\n<p>(e) \u00a0 \u00a0 \u00a0 Payment timing. \u00a0Fees may be payable via (a) prepayment; (b) post-payment; or (c) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven\u2019t previously been processed.<\/p>\n<p>(f) \u00a0 \u00a0 \u00a0 \u00a0Prepayment. \u00a0Unless stated otherwise, Fees shall be payable via prepayment. \u00a0Client must purchase account credit using the payment method given during account Upgrade (as such details may be amended from time to time). \u00a0Client agrees to the use and storage of its payment method details (including credit card details) for such purpose. \u00a0Client irrevocably authorises TeleSign to use such account credit to pay for any Services used by Client.<\/p>\n<p>(g) \u00a0 \u00a0 \u00a0 Automatic Top-up. \u00a0If you have selected the relevant option via the Client Portal, when your credit balance reduces to zero or reaches a predetermined level, the account balance may be automatically replenished by an agreed amount. \u00a0In such case, you authorise TeleSign to take payment for such replenishment via the payment method you have chosen. \u00a0Such authorisation will remain valid until you notify TeleSign otherwise. \u00a0TeleSign will notify you whenever such payment is taken.<\/p>\n<p>(h) \u00a0 \u00a0 \u00a0 Post-payment. \u00a0In the event Services are provided on a post-payment basis, TeleSign shall issue invoices on a monthly basis, promptly following the end of each month, for the total amount of Fees due for Transactions submitted during that month. The invoice is due and payable thirty (30) calendar days from invoice date.<\/p>\n<p>(i) \u00a0 \u00a0 \u00a0 \u00a0Recurring Payments. \u00a0When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to TeleSign by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated. Subscription fees are generally billed or charged in advance of the applicable subscription period.<\/p>\n<p>5.4 \u00a0 \u00a0 \u00a0Late payment. \u00a0Client shall be deemed to be in default hereunder if payment of any undisputed Fees are not received by TeleSign within thirty (30) days of the invoice date and, in addition to its other remedies, TeleSign may charge Client interest at that rate equal to the lesser of one and one half percent (1\u00bd %) per month or the maximum amount permitted by Applicable Law on all sums that remain unpaid at the expiration of such period.<\/p>\n<p>5.5 \u00a0 \u00a0 \u00a0Suspension. \u00a0TeleSign is entitled to suspend or cancel Client\u2019s account in the event that: \u00a0(a) Client\u2019s account is inactive for 365 days; (b) Client\u2019s account balance reduces to zero or a negative balance and is not replenished by Client immediately; (c) Client\u2019s chosen payment method ceases to be a valid payment method; or (d) any Fees for post-paid or recurring subscription Services are not paid by the relevant due date. \u00a0Suspension or cancellation may result in Client Data or other content being lost or deleted, and TeleSign shall not be liable for any such loss or deletion resulting from account suspension or cancellation. \u00a0If Client\u2019s account balance reduces to zero or a negative balance, Client may not be able to consume any Services until the account balance is replenished to a positive balance.<\/p>\n<p>5.6 \u00a0 \u00a0 \u00a0Inactive accounts. \u00a0If Client\u2019s account is inactive for 365 days, TeleSign reserves the right at its discretion to (a) refund any remaining credit balance on Client\u2019s account to Client (less a reasonable administration fee); and\/or (b) discontinue Client\u2019s account and delete all data relating thereto; and\/or (c) retain any remaining credit balance on Client\u2019s account; and\/or (d) remit any remaining credit balance to an appropriate body as required by Applicable Law. \u00a0\u201cInactive\u201d means Client has not entered into a Transaction to use the Services, or accessed the Client Portal, during the relevant period. \u00a0Notwithstanding the above, Client may at any time request to reactivate any credit that has been retained by TeleSign. \u00a0In such case, TeleSign shall act reasonably in deciding whether to reactivate any credit.<\/p>\n<p>5.7 \u00a0 \u00a0 \u00a0Refunds. \u00a0Unless otherwise provided by Applicable Law, all payment obligations cannot be cancelled and are non-refundable. This refund policy does not affect any statutory rights that may apply. \u00a0Upon termination of the Agreement for any reason other than TeleSign\u2019s default, TeleSign may deal with any remaining credit balance on Client\u2019s account as if Client\u2019s account had been inactive for 365 days.<\/p>\n<p><strong>6. Client\u2019s obligations<\/strong><\/p>\n<p>6.1 \u00a0 \u00a0 \u00a0Acceptable Use Policy. \u00a0Client shall, and shall ensure that its employees, agents, contractors, affiliates and any Users, abide at all times with TeleSign\u2019s Acceptable Use Policy.<\/p>\n<p>6.2 \u00a0 \u00a0 \u00a0Content Standards. \u00a0TeleSign and its subcontractors may, in their sole discretion, reject sending all or part of any conent to any Carriers if in TeleSign\u2019s opinion such content does not comply with the Content Standards. \u00a0TeleSign shall notify within five (5) days of the reasons for such rejection. \u00a0TeleSign shall not be liable for any rejection of content. \u00a0Client is solely responsible for ensuring that all content is accurate, complete and correct, and shall be solely responsible for all claims or liability arising from the distribution and publication of Client\u2019s content. \u00a0TeleSign shall have no obligation to read, proofread or correct any content supplied by Client, nor any responsibility for its accuracy, completeness or correctness.<\/p>\n<p>6.3 \u00a0 \u00a0 \u00a0SPAM Policy. \u00a0TeleSign may immediately and without notice suspend the Services in whole or in part if TeleSign reasonably suspects the Client\u2019s account is being used in breach of the SPAM Policy.<\/p>\n<p>6.4 \u00a0 \u00a0 \u00a0Agents. \u00a0Client is responsible for all use of the Services by any third party contractor, agent, partner, intermediary, service provider or platform that Client uses to receive or make use of the Services or connect to the client portal or any other TeleSign computer systems or networks (\u201cAgent\u201d) (whether with or without Client\u2019s permission), and Client shall indemnify, defend and hold harmless TeleSign, its Affiliates, and their respective officers, directors, agents and employees against all liabilities, costs, expenses, damages and losses suffered or incurred arising out of any act or omission of such Agent.<\/p>\n<p>6.5 \u00a0 \u00a0 \u00a0Claims. \u00a0Client must immediately inform TeleSign if any User or third party makes or threatens to make any claim against Client or a Client Affiliate regarding the Services.<\/p>\n<p><strong>7. Privacy &amp; Data Protection<\/strong><\/p>\n<p>7.1 \u00a0 \u00a0 \u00a0Privacy Policy. \u00a0The Parties shall each comply with TeleSign\u2019s Privacy Policy, and Client acknowledges and authorizes TeleSign\u2019s use of data in accordance with the Privacy Policy, the terms of which may be amended by TeleSign from time to time at its discretion.<\/p>\n<p>7.2 \u00a0 \u00a0 \u00a0Data Protection Laws. \u00a0The Parties shall each perform its obligations under this Agreement in compliance with all Applicable Laws relating to the protection of privacy and data, in the provision and use of the Services.<\/p>\n<p>7.3 \u00a0 \u00a0 \u00a0Client Data. \u00a0TeleSign shall use Client Data only as described in this Agreement, the PSA and the Privacy Policy, and otherwise to provide, maintain, and improve the Services. \u00a0TeleSign shall process and protect Client Data in accordance with the PSA. \u00a0Client Data, including any Personal Information therein, may be stored and processed in the United States or any other countries in which TeleSign maintains facilities. \u00a0Client Data may also be shared with:<\/p>\n<p>(a) \u00a0 \u00a0 \u00a0 Carriers and other third party service providers for the purpose of delivering the Services to Client;<\/p>\n<p>(b) \u00a0 \u00a0 \u00a0 third parties in response to government or regulatory requirement; and<\/p>\n<p>(c) \u00a0 \u00a0 \u00a0 third parties on an anonymized or aggregated basis, such that Client and Users may not be directly identified.<\/p>\n<p>Client consents to any such use and processing, and appoints TeleSign to conduct such a transfer on Client\u2019s behalf in order to provide the Services.<\/p>\n<p>7.4 \u00a0 \u00a0 \u00a0Consent. \u00a0Client shall provide all Users with any disclosure or explanation required by Applicable Laws concerning the Client\u2019s use of the Services, and obtain, maintain and secure any necessary consent and authorizations from Users that may be required by Applicable Laws in order to authorize TeleSign\u2019s provision of the Services, or otherwise ensure a lawful basis for TeleSign\u2019s provision of the Services and processing of Client Data, including any Personal Information.<\/p>\n<p>7.5 \u00a0 \u00a0 \u00a0Third Party Data Providers. \u00a0The Licensed Data may include data obtained by third parties such as Carriers. \u00a0Client hereby consents to the disclosure by TeleSign of Client\u2019s (and its Users\u2019) identity to such third parties, for the limited purpose of ensuring that TeleSign is complying with the terms of its agreements with such third parties. \u00a0If any such third party requires Users to provide specific consent to enable the provision of the Services, Client shall reasonably cooperate with TeleSign to confirm the sufficiency of such consent.<\/p>\n<p>7.6 \u00a0 \u00a0 \u00a0Content filtering. \u00a0TeleSign is entitled to (either by its own processing of Client Data or by the transfer of Client Data to third party service providers) carry out content filtering, review and other procedures for the purpose of ensuring Client Data and the sending thereof complies with Applicable Law, including but not limited to the prevention of the sending of unsolicited communications, or \u201cspam\u201d. \u00a0For the avoidance of doubt, such procedures do not absolve Client of any obligation to ensure compliance with Applicable Law, nor does TeleSign give any warranty that such procedures will ensure compliance with Applicable Law.<\/p>\n<p>7.7 \u00a0 \u00a0 \u00a0Re-use of data. \u00a0Client acknowledges that as part of providing the Services, TeleSign may assess Client Data for the purpose of calculating the fraud risk of a particular transaction. \u00a0Client consents to the results of each such assessment, including any telephone number to which such assessment relates, being re-used by TeleSign for the purposes of improving the Services and providing future fraud identification, prevention and risk assessment.<\/p>\n<p>7.8 \u00a0 \u00a0 \u00a0TeleSign news and updates. \u00a0If you selected the \u201cI would like to receive TeleSign news and updates\u201d checkbox when signing up for your Free Trial or Upgrading your account, Client hereby consents to receiving TeleSign news, updates and other marketing messages, until such time as Client revokes such consent.<\/p>\n<p><strong>8. Confidentiality<\/strong><\/p>\n<p>8.1 \u00a0 \u00a0 \u00a0Confidential Information. \u00a0As used herein, \u201c<strong>Confidential Information<\/strong>\u201d means all confidential and proprietary information of a Party (\u201c<strong>Disclosing Party<\/strong>\u201d) disclosed to the other Party (\u201c<strong>Receiving Party<\/strong>\u201d) that (a) if disclosed orally is designated as confidential at the time of disclosure, (b) if disclosed in writing is marked as \u201cConfidential\u201d and\/or \u201cProprietary\u201d, or (c) reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including, the terms and conditions of this Agreement (including pricing and other commercial terms) and\/or of provision of the Services, screen shots of the Services, pricing in proposals, business and marketing materials, technology and technical information, product designs, and business processes. \u00a0Licensed Data shall be deemed to be TeleSign\u2019s Confidential Information. \u00a0Notwithstanding the foregoing, each Party may disclose the existence and terms of this Agreement, in confidence on terms no less strict than as set out herein, to a potential purchaser of or successor to any portion of such Party\u2019s business resulting from the reorganization, spin-off, or sale of all or a portion of all of the assets of any business, division, or group of such Party. \u00a0Confidential Information shall not include any information that: \u00a0(i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party, which can be demonstrated with clear and convincing evidence; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.<\/p>\n<p>8.2 \u00a0 \u00a0 \u00a0Confidentiality. \u00a0The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party\u2019s prior written permission. \u00a0Notwithstanding the foregoing, the Receiving Party may disclose such Confidential Information to those of its employees, contractors and Affiliates who need to know such information for purposes of performing or receiving the Services and certifies that such employees and contractors have agreed, either as a condition of employment or in order to obtain the Confidential Information, to be bound by terms and conditions substantially similar to those in this Agreement. \u00a0The Receiving Party shall use the same degree of care to protect the Confidential Information as it uses to protect its own information of a confidential and proprietary nature, but in no event shall it use less than a commercially reasonable degree of care.<\/p>\n<p>8.3 \u00a0 \u00a0 \u00a0Compelled Disclosure. \u00a0If the Receiving Party is compelled by Applicable Law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party\u2019s cost, if the Disclosing Party wishes to contest the disclosure.<\/p>\n<p><strong>9. Warranties, Indemnity, Liability &amp; Termination<\/strong><\/p>\n<p>9.1 \u00a0 \u00a0 \u00a0Personal Warranty. \u00a0You (the person entering into this Agreement on behalf of Client) hereby confirm and warrant that: (a) you are authorized to commit the Client to the terms and conditions of this Agreement; and (b) when registering Client\u2019s account, you will provide true, accurate, up-to-date and complete information about the Client, and will keep that information true, accurate, up-to-date and complete for the duration of the Term.<\/p>\n<p>9.2 \u00a0 \u00a0 \u00a0Client Warranty. \u00a0Client warrants and represents that, in the use of the Services, it will: (a) comply with the Acceptable Use Policy; (b) use the Services and the Licensed Data in compliance with all Applicable Laws; and (c) obtain and maintain all necessary licenses, consents and permissions necessary for TeleSign to perform its obligations under this Agreement, including the provision of the Services.<\/p>\n<p>9.3 \u00a0 \u00a0 \u00a0Disclaimers of Warranty.<\/p>\n<p>(a) \u00a0 \u00a0 \u00a0 General disclaimers: \u00a0EXCEPT AS PROVIDED FOR HEREIN, THE SERVICES ARE SUBSCRIBED TO CLIENT \u201cAS IS\u201d AND WITH ALL FAULTS. \u00a0EXCEPT AS PROVIDED FOR HEREIN, TELESIGN DOES NOT MAKE ANY REPRESENTATION AND\/OR WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND\/OR ANY WARRANTY THAT PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. CLIENT ACKNOWLEDGES THAT TELESIGN SECURES INFORMATION FROM THIRD PARTY SOURCES AND NEITHER TELESIGN NOR ANY OF ITS THIRD PARTY SOURCES WARRANT THAT THE INFORMATION WILL BE ACCURATE OR ERROR FREE. \u00a0TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. \u00a0CLIENT AGREES THAT TELESIGN WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SERVICES, CONTENT THAT IS SENT BUT NOT RECEIVED, AND CONTENT SENT USING AND\/OR INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT), OR ANY ACCESS TO OR ALTERATION OF CONTENT. \u00a0CLIENT ACKNOWLEDGES THAT TELESIGN\u2019S SERVICES INCLUDE THE USE OF CARRIERS TO DELIVER MESSAGES, AND THAT TELESIGN IS NOT RESPONSIBLE FOR THE ULTIMATE DELIVERY OF MESSAGES BY SUCH CARRIERS, AND THAT MESSAGES MAY BE DELAYED OR NOT DELIVERED FOR REASONS OUTSIDE TELESIGN\u2019S CONTROL, INCLUDING NETWORK FAILURE OR USER DEVICES BEING UNAVAILABLE FOR MESSAGE DELIVERY.<\/p>\n<p>(b) \u00a0 \u00a0 \u00a0 No warranties in service descriptions. \u00a0FOR THE AVOIDANCE OF DOUBT, UNLESS EXPRESSLY STATED WITHIN THESE TERMS OF SERVICE, TELESIGN GIVES NO WARRANTIES IN RESPECT OF THE FUNCTIONALITY OR AVAILABILITY OF THE SERVICES, EVEN IF SUCH STATEMENTS ARE MADE BY AGENTS OF TELESIGN, OR IN PUBLISHED DOCUMENTATION ON TELESIGN\u2019S WEBSITE, AND EVEN IF SUCH DOCUMENTATION IS ACCESSIBLE VIA LINKS FROM TELESIGN\u2019S WEBSITE OR THIS AGREEMENT. \u00a0IN THE EVENT OF ANY INCONSISTENCY BETWEEN THESE TERMS OF SERVICE AND ANY SUCH DOCUMENTATION, THESE TERMS OF SERVICE SHALL PREVAIL.<\/p>\n<p>(c) \u00a0 \u00a0 \u00a0 Compliance with Content Standards. \u00a0Client is solely responsible for any compliance with any legislation, rules and regulations as described in the Content Standards. \u00a0TeleSign does not warrant that the Services will comply with such legislation, rules and regulations, and excludes all liability resulting from any breach thereof caused by non-compliance with the Content Standards.<\/p>\n<p>(d) \u00a0 \u00a0 \u00a0 No warranties relating to beta services: \u00a0From time to time, TeleSign may invite Client to participate in a program to use beta services. \u00a0Beta services are not generally available and may contain bugs, errors, defects or harmful elements. \u00a0Accordingly, TeleSign provides beta services to you \u201cas is.\u201d \u00a0TeleSign makes no warranties of any kind with respect to beta services, whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Notwithstanding any published documentation that states otherwise, TeleSign does not warrant that beta services will be error-free or that they will meet any specified service level, or will operate without error or interruption.<\/p>\n<p>9.4 \u00a0 \u00a0 \u00a0Indemnity. \u00a0Client shall indemnify, defend and hold harmless TeleSign, its affiliates, and their respective officers, directors, agents and employees (the \u201c<strong>Indemnified Parties<\/strong>\u201d) against all liabilities, costs, expenses, damages and losses (including all legal costs, reasonable attorneys\u2019 fees and any damages or settlement amounts) suffered or incurred by the Indemnified Parties arising out of any claim made by any third party related to or arising from: (i) any actual or alleged infringement or violation of any Intellectual Property Rights of any person or entity; and\/or (ii) any breach of an express warranty set out in this Agreement by the Client or any User; and\/or (iii) any breach of the AUP by Client or any User; and\/or (iv) any act or omission of Client or any User in breach of any of the terms and conditions set out herein; and\/or (v) any act or omission of Client or its Users in relation to Client\u2019s use of the Services or Client Portal, except to the extent that such claim arises as a direct result of any act or omission of the Indemnified Parties in breach of this Agreement.<\/p>\n<p>9.5 \u00a0 \u00a0 \u00a0Limitation of Liability. \u00a0TELESIGN\u2019S AGGREGATE LIABILITY TO CLIENT ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL IN NO EVENT EXCEED THE TOTAL OF ALL AMOUNTS PAID BY CLIENT TO TELESIGN FOR THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE LIABILITY AROSE. \u00a0IN NO EVENT SHALL TELESIGN BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST INCOME, LOST PROFITS, PRESENT AND FUTURE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY (EXPRESS OR IMPLIED), ACTIVE OR PASSIVE NEGLIGENCE, INTENTIONAL OR UNINTENTIONAL TORT, STRICT LIABILITY, VIOLATION OF STATUTE, ORDINANCE OR REGULATION, FAILURE OF CONSIDERATION, OR OTHER BASIS, ARISING OUT OF THE PROVISION OF THE SERVICES. \u00a0DURING THE FREE TRIAL, TELESIGN\u2019S LIABILITY SHALL NOT EXCEED ONE HUNDRED US DOLLARS (USD 100.00). \u00a0THE PROVISIONS OF THIS SECTION 9.5 ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. \u00a0Notwithstanding the foregoing, neither Party excludes or limits liability to the other Party for: (i) fraud or fraudulent misrepresentation; (ii) death or personal injury caused by negligence; (iii) intentional misconduct or gross negligence; and\/or (iv) if such exclusion or limitation would be in breach of any Applicable Law.<\/p>\n<p>9.6 \u00a0 \u00a0 \u00a0Termination.<\/p>\n<p>(a) \u00a0 \u00a0 \u00a0 Without affecting any other right or remedy available to it, either Party may terminate this Agreement with immediate effect by giving written notice to the other Party if the other Party commits a material breach of any term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 15 calendar days after being notified in writing to do so;<\/p>\n<p>(b) \u00a0 \u00a0 \u00a0 Either Party may terminate this Agreement for any or no cause with thirty (30) days prior written notice.<\/p>\n<p>(c) \u00a0 \u00a0 \u00a0 The termination of this Agreement shall not release Client from its obligations and liability to TeleSign with respect to any Fees incurred up to and including the date of termination (whether or not such Fees have been invoiced). \u00a0Any such amounts shall become immediately due and payable upon termination.<\/p>\n<p>(d) \u00a0 \u00a0 \u00a0 On termination of this Agreement for any reason, all licenses granted under this Agreement shall immediately terminate. \u00a0Any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination, including the right to payment of Fees incurred and to claim damages in respect of any breach of the Agreement which existed at or before the date of termination shall not be affected or prejudiced.<\/p>\n<p>(e) \u00a0 \u00a0 \u00a0 On termination of this Agreement for any reason other than default by TeleSign, and except to the extent required by Applicable Law, TeleSign shall have no obligation to refund any prepaid account balance to Client.<\/p>\n<p><strong>10. Miscellaneous<\/strong><\/p>\n<p>10.1 \u00a0 \u00a0Force Majeure. \u00a0Neither Party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability or interruption or delay in telecommunications or third party Services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed.<\/p>\n<p>10.2 \u00a0 \u00a0Assignment. \u00a0Client may not assign this Agreement without the written consent of TeleSign which will not be unreasonably withheld. \u00a0Subject to this restriction, this Agreement shall be binding on Client and TeleSign and each of our successors and assigns.<\/p>\n<p>10.3 \u00a0 \u00a0Use of Proprietary Marks. Each Party may use the other Party\u2019s Proprietary Marks on its website and in promotional materials, solely to refer to the Client\u2019s use of the Services, and only in accordance with any usage guidelines provided by the other Party. All such use will inure to the benefit of the owner of the Proprietary Marks. The first Party will not use, register or take any other action with respect to the other Party\u2019s Proprietary Marks, except to the extent allowed in advance in writing by the other Party. In using the Proprietary Marks, the first Party must always use the then-current Proprietary Marks and will not add to, delete from or modify any of Proprietary Marks. The first Party shall not, at any time, present itself as an Affiliate, partner or other legal agent of the other Party. The limited license to use Proprietary Marks under this section will cease automatically on termination of the Agreement.<\/p>\n<p>10.4 \u00a0 \u00a0Waiver and Amendments. \u00a0Except as expressly stated herein, No waiver, amendment, or modification of any provision of this Agreement shall be effective unless agreed to by both parties in writing. No failure or delay by either Party in exercising any rights, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy. \u00a0NOTWITHSTANDING THE PREVIOUS SENTENCE, TELESIGN SHALL BE ENTITLED TO AMEND ANY TERMS OF THIS AGREEMENT ON THE GIVING OF NOT LESS THAN FIVE (5) DAYS\u2019 NOTICE TO CLIENT, SUCH NOTICE TO BE MADE VIA EMAIL OR ON THE CLIENT PORTAL. \u00a0IF CLIENT CONTINUES TO USE THE SERVICES BEYOND SUCH NOTICE PERIOD, CLIENT SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENT. \u00a0IF CLIENT DOES NOT AGREE TO SUCH AMENDMENT, IT SHALL BE ENTITLED TO TERMINATE THE AGREEMENT BY GIVING 30 DAYS\u2019 WRITTEN NOTICE TO TELESIGN AT ANY TIME DURING SUCH NOTICE PERIOD.<\/p>\n<p>10.5 \u00a0 \u00a0Severability. \u00a0Should any term of this Agreement be finally determined by a court of competent jurisdiction to be invalid, unenforceable or otherwise contrary to law or equity, the parties agree that such provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its invalidity or unenforceability, and that the other provisions of this Agreement shall remain unaffected. If any part of this Agreement is determined to be invalid or unenforceable pursuant to Applicable Law then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.<\/p>\n<p>10.6 \u00a0 \u00a0Third Party Beneficiaries. \u00a0Except as expressly provided for herein, the provisions of this Agreement are solely for the benefit of the parties hereto and not for the benefit of any third parties.<\/p>\n<p>10.7 \u00a0 \u00a0Governing Law; Forum. \u00a0The laws of the State of California shall exclusively govern this Agreement, without regard to any contrary conflicts of laws principles. \u00a0In event of a dispute arising under this Agreement, each Party will make reasonable, good-faith efforts to resolve such dispute informally. \u00a0The parties agree to waive jury trial as to any claim, controversy or dispute arising under or related to this Agreement. All legal disputes arising from this Agreement shall be resolved in the Federal and\/or State Courts of the County of Los Angeles, California.<\/p>\n<p>10.8 \u00a0 \u00a0Headings; Attachments.<strong> \u00a0<\/strong>Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. \u00a0The exhibits and attachments attached hereto are incorporated and made a part of this Agreement by this reference.<\/p>\n<p>10.9 \u00a0 \u00a0Independent Contractor. \u00a0Each Party is an independent contractor as to each other and no agency, partnership, joint venture or any legal relationship other than that of independent contractor is established by this Agreement.7.4 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any and all written or oral prior agreements and understandings between the Parties. \u00a0The Parties hereby agree to the execution of this Agreement remotely, by way of Client accepting these terms and conditions online.<\/p>\n<p>10.10 \u00a0No impact on other remedies. \u00a0Except as otherwise expressly provided in this Agreement, each Party\u2019s remedies herein are in addition to any and all rights and remedies available to such Party at law or in equity.<\/p>\n<p>10.11 \u00a0Export Restrictions. \u00a0Client acknowledges that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Services. Without limiting the foregoing, Client acknowledges that the Services are or may be subject to controls under the Export Administration Regulations promulgated by the U.S. Department of Commerce. Client agrees not to export or re-export the Services in any form in violation of the export laws of the United States or any foreign jurisdiction. Client represents and warrants that it is not listed on any U.S. government exclusion list, and will immediately cease use of TeleSign\u2019s Services and SDK upon being placed on any such list.<\/p>\n<p>10.12 \u00a0Notices. \u00a0Notices shall be in writing and shall be personally delivered, delivered via courier or via certified mail, or by email to the other Party at such address as may from time to time be designated by a Party. Notices shall be deemed effective upon receipt, or if delivery is not effected by reason of some fault of the addressee, when tendered. \u00a0Notices to TeleSign must include a copy sent to <a href=\"mailto:legal@telesign.com\">legal@telesign.com<\/a>.<\/p>\n<p>10.13 \u00a0Survival. \u00a0Sections 2.4, 3, 4.4, 5, 6, 7, 8, 9, 10.3 and 10.5-10.14 shall survive the termination of this Agreement.<\/p>\n<p>10.14 \u00a0Agreement Terms and Priority. \u00a0This Agreement shall consist of these Terms of Service and all other policies, exhibits, attachments, addenda and amendments hereto. \u00a0If there is an inconsistency between any of the provisions in those documents, the provisions in the Terms of Service shall prevail over the policy, exhibit, attachment or addendum.<\/p>\n<p><strong>TO PRINT OR SAVE THESE TERMS OF SERVICE, RIGHT-CLICK AND SELECT \u201cPRINT\u2026\u201d OR \u201cSAVE AS\u2026\u201d<\/strong><\/p>\n<p>\u200d<\/p>\n<p>\u200d<\/p>\n","protected":false},"excerpt":{"rendered":"<p>April 12, 2017 (LINK TO THE LATEST VERSION) \u200dPrevious versions: This is the first version of the Terms of Service. Changes from previous version: There are no changes. 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