To the extent you wish to receive Short Message Service, such Short Message Service shall be subject to these Short Message Service Terms of Service and the Tencent Cloud Terms of Service.
Capitalized terms used but not defined herein shall have the respective meanings given to them in the Tencent Cloud Terms of Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SHORT MESSAGE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE FOLLOWING TERMS.
(a) obtain and maintain throughout the Term relevant licences, approvals, permits and certificates and complete all relevant registrations and filings required in connection with your and/or your End User’s use of the Short Message Service;
(b) utilize the Short Message Service only in compliance with laws regulating marketing, solicitation, business practices, or telecommunications or electronic communications (“Telemarketing Laws”) such as the United States Telephone Consumer Protection Act of 1991 (“TCPA”), including as applicable to the use of automatic dialing systems and transmission of SMS text messages;
(c) comply, and cause your End Users to comply, with all applicable laws, regulations, industry codes and practices; and
(d) comply, and cause your End Users to comply, with Tencent’s policies, instructions and guidelines in respect of the use of the Short Message Service.
2.You shall not transmit or disseminate, or permit that your End Users transmit or disseminate, any SMS messages or content that is obscene, vulgar, menacing, defamatory, abusive, false, inaccurate, misleading, unlawful, invasive of any person’s privacy, hateful, harassing, harmful, or otherwise offensive, inappropriate or violates any rights.
3.You shall not send, or permit your End Users to send any commercial or marketing SMS messages without the recipient’s explicit consent. Tencent will, in accordance with the Data Processing and Security Agreement, notify you, upon becoming aware, of any instruction received from you in relation to Personal Data processed on your behalf, which in the discretion of Tencent may breach any applicable laws, including any Data Protection Laws. Tencent shall have the right to suspend processing, including the right to stop or refuse delivery or receipt of any commercial or marketing SMS messages, under these circumstances.
4.You acknowledge that:
(a) you are solely responsible for any messages transmitted or disseminated through the Short Message Service by you or your End Users;
(b) Tencent does not have any obligation to review, edit or amend any SMS messages or content before it is transmitted or disseminated through the Short Message Service; and
(c) you are solely responsible for compliance with Telemarketing Laws such as the TCPA including, but not limited to, responsibility for obtaining and maintaining such prior consent(s) as may be necessary for the sending of SMS messages in the United States or elsewhere as applicable. Without regard to any caps on liability in the Tencent Cloud Terms of Service, you agree to indemnify and hold harmless Tencent for any claimed or actual violations of Telemarketing Laws such as the TCPA.
(d) Notwithstanding the foregoing, Tencent may, in its discretion, audit any SMS messages transmitted through the Short Message Service by you or your End Users and Tencent may edit, remove or refuse any SMS message or content that, in its discretion, violates these Short Message Service Terms of Service, the Tencent Cloud Terms of Service or applicable laws, regulations, industry codes and practices.