Legal and Privacy Policy

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Terms of Service

Date of Last Revision: Feb 1, 2016


The Agreement contains the legal terms and conditions that govern our provision of Services and your use of and access to the Services. If you are incorporated (or if you are not incorporated and have your principal place of business) in North America or South America at the time of entering into the Agreement, you are entering into the Agreement with Mblox Inc., otherwise you are entering into the Agreement with Mblox Ltd. In this Agreement Mblox Inc. and Mblox Ltd shall be referred to as “we”, “our”, “us” or “Mblox”. By signing the Cover Sheet or electronically accepting the Terms of Service or using the Services, you agree to and are legally bound by the Agreement. If you do not accept all of the terms contained in the Agreement, you may not use the Services. Any individual person, who accepts the Agreement on behalf of an Entity, represents to Mblox that it has the authority to bind such Entity to the Agreement. In the Agreement: (i) the Entity represented by the individual accepting the Agreement; or (ii) the actual individual, where the individual enters into the Agreement as a sole proprietor or trader, shall be referred to as “you” “your” or “Customer”.

If you have a Prior Agreement, it shall be deemed terminated (to the extent it covers the Services provided pursuant to these Terms of Service and/or a Service Order) upon the applicable Service Start Date and without prejudice to any of Mblox’s accrued rights and your accrued liabilities under such Prior Agreement. Your use of and access to the Services are subject to additional terms that include without limitation the Supplemental Terms. Supplemental Terms may be presented or made available to you through means determined by us.

We reserve the right (but are not obliged) to provide certain Services (including but not limited to our pre-paid Services) to you under the Agreement without a Service Order. Capitalized terms in the Agreement shall have the meanings given to them in Section 19 of these Terms of Service unless otherwise defined in an applicable Section of the Agreement.

1. License

(a) License. Subject to the Agreement, you will have a limited, non-exclusive, non-transferable, non-sublicenseable right to use the applicable Services in accordance with the Agreement, and to permit Service Users to use the same. Such right shall be immediately revoked without notice upon the earlier of termination of: (i) the Agreement; (ii) the applicable Service Order; or (iii) the applicable Service.

(b) License Restrictions. You will not (and will not allow Service Users) to: (i) reverse engineer, decompile, copy or disassemble the Services; (ii) market, sell (subject to Section 1(c)), sublicense, rent, lease, or otherwise distribute the Services, in whole or in part; (iii) modify, upgrade, improve, enhance or create derivative works of any portion of the Services for any purpose (including without limitation error correction or any other type of maintenance); or (iv) remove, obscure, or alter any identification, proprietary, copyright or other notices in the Services. 

(c) Resale. You may resell the Services provided that: (i) use of the Services by Service Users and any of their acts and omissions are deemed to be your use of the Services and your acts and omissions, (iii) each Service User is legally bound by an agreement, which is at least as protective of Mblox, Mblox’s rights and the Services as this Agreement, (iv) no Service User shall be a third party beneficiary to the Agreement, (v) as between us and you, Data shall be deemed to belong to you and no other party, and (vi) you shall  not (and shall ensure that any Service User shall not) use Mblox or Mblox Affiliate trademarks, tradenames or branding or make any representations with respect to the Services that are inconsistent with any express Mblox representations in the Agreement.

(d) Numbers and Codes. You acknowledge and agree that neither you nor any third party shall have any intellectual property rights and/or other proprietary interests in any Numbers and Codes made available to you under the Agreement. You will not take any action that would cause you or any third party to acquire any intellectual property rights and/or other proprietary interest in any Numbers and  Codes. We may withdraw or suspend such Numbers and Codes at any time to comply with Relevant Laws and/or an order, instruction, or request of a Service Provider, Regulator, court or other competent authority.

(e) Service Level Agreement. Where we provide Services under a Service Order, those Services may have a related SLA.  The Service Order will confirm if the Services we provide to you have a related SLA.

2. Conduct

You agree that you will not, and will not encourage or permit any party (including but not limited to Service Users) to, access or use the Services: (a) other than as expressly prescribed by the Agreement; (b) in violation of: (i) Compliance Rules or Relevant Laws or (ii) applicable third party licenses; (c) to send spam or unsolicited messages or other communications; (d) in any manner that is infringing, obscene, threatening, libelous, unlawful, or in violation of any third party rights; (e) to breach, interfere or attempt to interfere with any requirements, procedures, policies, or regulations of any mobile industry association, Regulator or any Service Provider; (f) to facilitate the transmission or use of any: (i) malicious code (including malware, viruses, worms, and Trojan horses); (ii) traps, time bombs, or other code with a latent ability to disable or cripple software or services; or (iii) code that would allow any third party to interfere with or access any Data; (g) to circumvent, disable, violate, or otherwise interfere with the security or integrity of the Services, their operation, any networks or servers used in connection with the Services, or any activity being conducted in or in relation to the same (or attempt at any of the foregoing); (h) to gather, store, upload or otherwise transmit any Data for which you do not have a right to do so; or (i) to impersonate any person or entity. Additionally, you agree to promptly comply with all requests for documentation and information we make relating to your use of the Services.

3. Your Responsibilities

(a) Your Account. You are solely responsible for your Account, all activities conducted in connection with your Account, and the accuracy of all information provided by or to you relating thereto, including without limitation, contact, technical, campaign and payment information, the Credentials, and for protecting and safeguarding the foregoing. You will promptly update any Account Information if it changes and notify us of any unauthorized use of your Account and/or Credentials, and any related security breach. You will only connect to the Services through your Account and using only the Credentials.

(b) Content and Monitoring. You are solely responsible for all Content, and the storage and transmission of the Content must comply with the Agreement. We may (but have no obligation to) monitor your use of the Services at any time, with or without notice.

(c) Data Protection and Privacy. You acknowledge and agree to our Privacy Policy. You grant us a royalty-free, worldwide, irrevocable and perpetual license to retain, store, use, and disclose the Data solely: (i) in connection with our provision of the Services, (ii) for our internal purposes, (iii) to protect the operation of the Services, (iv) to create aggregated, anonymized data, including for usage statistics, and (v) to satisfy applicable legal, accounting or regulatory requirements. Each party shall comply with its obligations under applicable Data Protection Laws in respect of any Personal Data processed under the Agreement. You warrant, represent and undertake to us that you have all necessary rights, licenses and consents to provide us with Data for these purposes. You and we acknowledge that in relation to your processing activities on our platform, you are the Data Controller and we are the Data Processor. Where you are the Data Controller and we are the Data Processor, we will process such Personal Data in accordance with the terms of the Agreement and our duties as a Data Processor under applicable Data Protection Laws. In parallel and in accordance with Recital 47 of the European Data Protection Directive 95/46/EC, you acknowledge that we shall act as an independent Data Controller with respect to the processing of Personal Data which is necessary for the operation of the Services which shall include any information processed for the purpose of the conveyance of a communication on an electronic communications network or for the billing thereof.

(d) Service Users. You shall remain fully liable to us for any use of the Services by Service Users (whose acts and omissions shall be considered to be your acts and omissions). We will provide support, when and if provided, only to you and not to Service Users.

(e) Records & Consents. You will maintain accurate and complete records of your performance under the Agreement during the term and as required under the Compliance Rules and Relevant Laws. Upon reasonable written notice, you shall provide copies of any such records to Mblox. Mblox or its representatives shall be entitled to disclose any such records (and to carry out audits of your premises and systems, upon reasonable written notice) where required by any Service Provider, Regulator or other competent authority. Without limiting the generality of any other provision of the Agreement, prior to using the Services to send Content to any third party, you shall obtain verifiable informed consent in accordance with Relevant Laws, and shall maintain a record of each such consent. You shall provide a reasonable and readily accessible method for third parties to revoke this consent and, at our request, shall provide us with verifiable evidence to establish informed consent from such third party (to our satisfaction).

4. Payments and Pricing

(a) Post-pay Customers. Where you have signed a Service Order for a Service, you shall be a post-pay Customer (unless stated otherwise in that Service Order). You will pay us the Fees and Taxes and all other invoiced amounts within seven (7) days of invoice date (or such alternative period specified in the applicable Service Order or determined by us). Unless stated otherwise in a Service Order, the Fees shall be calculated in accordance with rates and pricing which we make available to you (by means determined by us) from time to time. Unless stated otherwise in a Service Order, all Non-Recurring Fees may be invoiced monthly in arrears, and all Recurring Fees and One-Time Fees may be billed in advance. All Fees, Taxes and other sums shall be billed in the applicable currency stated in the Service Order. All sums will be paid by the method determined by us in our sole discretion. Time is of the essence in relation to your payment obligations.

(b) Pre-pay Customers. Unless you have signed a Service Order for a Service, you will be a pre-pay Customer. You will pay us the Fees and Taxes and all other amounts payable to us through prepayments made by you on your Account. The Fees shall be calculated in accordance with the rates and pricing which we make available to you (by means determined by us) from time to time. You will not earn interest on any Credit Balance held by us. You shall not be entitled to a refund of an unused Credit Balance under any circumstances. We may deduct or offset from your Credit Balance, any sums you owe to us, which may include but are not limited to Fees and Taxes. All Recurring Fees and One-Time Fees may be deducted in advance of the applicable Service being provided and all Non-Recurring Fees may be deducted after the applicable Service is provided. Payments received from you will be deposited in the currency selected during Account creation. We support USD, GBP and EUR as standard and may be able to support other currencies on a case by case basis. All Fees, Taxes and other sums due will be deducted from this Credit Balance in the same currency (subject to Section 4(e) below). Every Service on an Account will deduct Fees, Taxes and other sums due from the same Credit Balance. You will lose the right to any Credit Balance and such Credit Balance shall be permanently assigned to us without further notice (and without prejudice to our other rights and remedies), where; (i) we suspend the Services more than once due to your breach of the Agreement; or (ii) such Credit Balance has not been used within 365 days of it being credited.

(c) Set-Off. You will not have a right of any type of deduction or setoff unless required by Relevant Laws. If any such set-off is required by Relevant Laws, you shall, when making the payment to which the withholding or deduction relates, pay to us such additional amount as will ensure that we receive the same total amount that we would have received if no such withholding or deduction had been required.

(d) No Waiver. No omission or delay by us in invoicing any sums and/or deducting them from a Credit Balance shall prohibit us from raising an invoice and/or deducting them from a Credit Balance at a later date nor shall it relieve you of your liability to pay.

(e) Currency. If the pricing for the Services in a Service Order (or otherwise) is expressed in a currency other than US Dollars, then we reserve the right, with respect to the applicable Services and at the time when a payment obligation arises, to convert those sums expressed in non-US Dollars into US Dollars at our then-current conversion rate. Currency exchange fluctuations may result in changes to the final amount charged. We are not responsible for any currency exchange rate fluctuations or charges.

(f) Credit Limit. Your Credit Limit shall be as notified by us to you from time to time. If we determine that the Accrued Liability exceeds the Credit Limit, you shall pay, within twenty-four (24) hours of notice from us, such amount as we determine is necessary to (i) reduce the Accrued Liability to the same or less than the Credit Limit and, (ii) ensure the Credit Limit shall not be exceeded prior to the next invoice due date.  You consent to and shall procure that your owners, directors, officers and assigns consent to, Mblox carrying out searches with credit reference agencies relating to your creditworthiness and financial status.

(g) Fee Changes. Unless expressly stated otherwise in the Service Order, we reserve the right to change the pricing used to calculate the Fees at any time (with or without notice).

(h) General. Fees and Taxes are non-refundable. Fees exclude, and you will pay, all Taxes, but neither party will pay income taxes of the other party.  For any invoice you fail to pay by its due date, we may charge you a late penalty on the amount overdue each day it is overdue until it is paid whether before or after judgment, equal to the lesser of: (i) the maximum legally permissible interest rate, or (ii) an interest rate of five percent (5%). The Fees payable shall be calculated by reference to data recorded or logged by us and not by reference to any data recorded or logged by you. Any invoices issued by us shall, save in the case of manifest error, be final, conclusive and binding on you. You may dispute an invoice in good faith, but must do so within seven (7) days of the invoice date, otherwise you will be deemed to have irrevocably waived all rights and claims concerning such invoice. Mblox may setoff amounts owed by you under the Agreement or any other agreement you have with Mblox or any of its Affiliates. Each party shall bear the costs imposed by their own bank when making and receiving payments under the Agreement.

5. Term and Termination, Suspension, Survival

(a) Term and Termination. The Agreement takes effect as of the earlier of: (i) your use of any Services, (ii) both parties executing the Cover Sheet, or (iii) your electronic acceptance of the Terms of Service, and will continue until terminated in accordance with the terms of the Agreement. Each Service Order will come into effect on the Service Order Effective Date. Unless terminated in accordance with the Agreement, each Service shall automatically renew for a Renewal Term upon expiry of its Initial Term or then current Renewal Term. Subject to Section 5(c), either party may terminate any Service Order and/or Service with no less than ninety (90) days’ notice to the other. We may also terminate a Service Order or Service for convenience on less than ninety (90) days’ notice where for operational reasons we can no longer make the applicable Service(s) available to you (including but not limited to where the Service has been withdrawn by a Service Provider). Termination of a Service Order shall trigger termination of all Services under it on the same date. Either party may terminate the Agreement for convenience, upon notice, if no Service Orders are in effect. We may terminate the Agreement (in whole or in part) for cause, immediately upon notice to you, should (i) you file for bankruptcy or otherwise become insolvent, (ii) a liquidator, administrator or receiver be appointed in respect of the whole or part of your assets or undertaking, (iii) you enter into (or propose to enter into) an arrangement with your creditors, (iv) anything analogous to Section 5(a) (ii) or (iii) occur in any jurisdiction, (v) a suspension of the Services under Section 5(b) continue for more than five (5) consecutive days, (vi) you do not substantially use the Services for a consecutive period of six (6) months or longer, or (vii) you breach the Agreement and fail to cure such breach within five (5) days of your receipt of notice of the same. 

(b) Suspension. We may suspend all or any part of the Services: (i) in our sole discretion, if not doing so would have a detrimental effect on the Services or our provision thereof, (ii) if the Accrued Liability exceeds the Credit limit, (iii) to comply with Relevant Laws and/or an order, instruction, or request of a Service Provider, Regulator, court or other competent authority, (iv) where you fail to pay any Fees, Taxes or ETC in accordance with the Agreement; or (v) if we otherwise find it necessary to do so in order to maintain or to protect our interests (including without limitation, for any breach or potential breach of the Agreement). In addition to our right to terminate or suspend the Services, you acknowledge that we reserve the right to temporarily disable access to the Services (or any portion thereof) for maintenance purposes. Suspension under this section does not waive the obligation of any payment obligations under this Agreement.

(c) Early Termination Charge (ETC). Where a Service terminates on a date other than the date of expiration of an Initial Term or a Renewal Term, we reserve the right to charge an ETC, which you shall be liable to pay within seven (7) days of an invoice from us. This Section shall not apply where we have terminated for convenience or you have terminated for cause.

(d) Survival. The following provisions will survive the termination of the Agreement and the termination or expiration of each Service Order or Service (together with any other provisions of the Agreement which expressly or impliedly survive termination): Sections 3(e), 4, 5, 6, 8, 9, 10, 11, 12, 13, 16, 17, 18 and 19. The termination of the Agreement and the termination or expiration of any Service Order or Service shall be without prejudice to our accrued rights and your accrued liabilities.

6. Ownership

You retain all rights and ownership in Data. We do not claim any ownership rights in Data. Except for rights expressly granted herein, no implied licenses are granted by us, and we hereby reserve all rights not so granted. You acknowledge that we retain all sole and exclusive ownership of all right, title and interest in and to the Services and our Confidential Information (defined below), including all intellectual property rights thereto, and at no time will you dispute or contest our exclusive ownership rights in any of the foregoing. If you provide any Feedback, we will own such Feedback and may use and modify the Feedback without any restriction or payment to you. 

7. Changes

Except as expressly stated in a Service Order, we reserve the right, in our sole discretion and with or without notice from time to time, to modify or update any Services (including but not limited to the features, scope, reach and functionality). Additionally, we may amend the Agreement (or any part thereof), and such amendment will take effect on the date we designate (or upon expiration of the minimum period of notice we are required to provide under Relevant Law). Further and without limit, we specifically reserve the right to make changes to the Terms of Service by publishing a revised version at (or any successor URL we determine) as may be updated by us from time to time. If an amendment to the Agreement or Services is to your material detriment, you may terminate either: (i) the affected Service Order; or (ii) the affected Service, upon written notice within thirty (30) days following the effectiveness of such amendment (or by the date which you are entitled to terminate under Relevant Law).

8. Relevant Laws and Compliance Rules.

You shall (and shall ensure that your customers, Affiliates, employees, contractors and agents shall) ensure that all use of the Services and all Data complies with Relevant Laws and the Compliance Rules. You shall provide (and shall ensure that your customers, Affiliates, employees, contractors and agents shall provide) all co-operation as is required by us to enable us to comply with requests and investigations by Regulators, law enforcement agencies and Service Providers relating to the Services and Data.

9. Warranties

(a) Warranties. Each party represents and warrants it has the necessary authority to enter into and perform the Agreement, and that such performance does not violate or breach any other agreement to which it is a party. We warrant that the Services will be provided with the reasonable degree of skill, care, diligence, prudence and foresight to be expected of a competent provider of the Services. Additionally, you represent and warrant that you will fully comply with the Agreement, and that the Content and your use of the Services do not and will not cause any breach of the Agreement. 

(b) Disclaimer. Except as expressly stated in the Agreement, we provide the services on an “as is” and “as available” basis. We make no representations or warranties with respect to the Services and Data, and we do not warrant that the Services will be secure, uninterrupted, timely, or error-free or that Content will be delivered. To the fullest extent permitted by law, we disclaim and the Agreement excludes any implied or statutory warranty, including any warranty of title, non-infringement, merchantability or fitness for a particular purpose. You acknowledge that there are risks inherent in network connectivity that could result in the loss of your privacy, Data, Confidential Information and property. You further acknowledge that Mblox does not control networks of third parties (including without limitation Service Providers and their networks) and Mblox is not responsible for the impact on the Services by the action or inaction of such networks or third parties.

10. Indemnification

(a) Indemnification by Us. We will indemnify, hold harmless and defend you from and against any and all Losses arising out of or relating to any Claim from a third party (other than one of your Affiliates) arising from or relating to any proven infringement of the intellectual property rights of such third party by your use of the Services in accordance with the Agreement. This indemnity is subject to you (i) providing us with prompt written notice of any Claim; (ii) providing us with sole control and defense of the Claim, including any settlement; (ii) not making any admission of liability or otherwise acting in any manner which prejudices our ability to fully defend the Claim; (iii) providing us with any reasonable co-operation we require. We may (at any time) in our sole discretion: (i) modify the Service so that it no longer infringes or misappropriates, (ii) obtain a license for your continued use of that Service in accordance with the Agreement, or (iii) terminate your subscription to that Service upon written notice and refund you any prepaid Fees or Taxes relating to such part of the Services which have not been provided by the effective date of termination. This Section 10 (a) shall not apply to the extent the relevant Claim arises as a result of any: (i) Data; (ii) use or exploitation of the Services by you or any Service User in any manner which breaches the Agreement; (iii) combination or integration of the Services with anything not provided by us. .

(b) Indemnification by You. You will indemnify, keep indemnified, hold harmless and defend us from and against any and all Losses arising out of or relating to any and all: (a) Claims arising from or relating to Data; and (b) Claims arising from or relating to use of the Services (whether by you or any Service User); (c) Claims from Service Providers as a result of any Claims brought by you against such Service Providers in relation to the Services or this Agreement; (d) Claims by Service Users against Mblox; and (e) breaches of Sections 1, 2 and/or 3 of these Terms of Service.

11. Limitation of Liability.

(a) Subject to  Section 11 (c), neither party will be liable to the other under (or in connection with) the Agreement (whether for breach of contract, negligence, misrepresentation, statutory duty or otherwise) and regardless of the nature of the claim, action or demand, for (i) any incidental, indirect, special, punitive or consequential losses of any kind, (ii) loss of profits, data (including but not limited to corruption of data), business opportunities, contracts, revenue, goodwill, anticipated savings, or financial loss of any kind (whether any of the types of loss referred to in this Section 11 (a)(ii) are direct, incidental, indirect, special, punitive or consequential losses).

(b) Subject to  Section 11 (c), neither party will be liable to the other under (or in connection with) the Agreement (whether for breach of contract, negligence, misrepresentation, statutory duty or otherwise) and regardless of the nature of the claim, action or demand, for any amounts exceeding fifty thousand US dollars ($50,000) in the aggregate (where your Agreement is with Mblox Inc.) or any amounts exceeding fifty thousand euros (€50,000) in the aggregate (where your Agreement is with Mblox Ltd).

(c) Nothing in the Agreement either limits or excludes the liability of: (i) either party in relation to an indemnity given by it under section 10; or (ii) you for your payment obligations. Further, the parties agree that nothing in this Agreement is intended to or has the effect of limiting or excluding liability in any way or to an extent that is prohibited by applicable law.

12. Confidentiality

Each party will, during the Term and thereafter, maintain in confidence the Confidential Information of the other party and will not use such Confidential Information except as expressly permitted herein. Each party will use the same degree of care in protecting such Confidential Information as such party uses to protect its own confidential information from unauthorized use or disclosure, but in no event less than reasonable care. Each party will use such Confidential Information solely for the purpose of carrying out its respective rights and obligations under the Agreement. In addition, each party: (a) will not reproduce such Confidential Information, in any form, except as required to accomplish its rights and obligations under the Agreement; and (b) will only disclose such Confidential Information to its affiliates, employees and consultants who have a need to know such Confidential Information in order to perform their rights and obligations relating to the Agreement and have been informed of the obligation to preserve the confidentiality of such information prior to receiving such information. Notwithstanding the foregoing, Confidential Information will not include information that: (a) is in or enters the public domain without breach of the Agreement through no fault of the receiving party; (b) the receiving party can reasonably demonstrate was in its possession prior to first receiving it from the disclosing party; (c) the receiving party can demonstrate was developed by the receiving party independently and without use of or reference to the Confidential Information; or (d) the receiving party receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation. Either party may disclose Confidential Information of the other party (and we may disclose any Data) to the extent required by law, Regulators or Service Provider request.

13. Publicity

You hereby grant us a limited, non-exclusive, non-transferable, royalty-free, non-revocable, perpetual, non-sublicenseable license to display your trade names, trademarks, service marks, logos, domain names and the like for the purpose of promoting or advertising that you use or have used the Services, including on our website, in press releases and in other media.

14. Beta Releases & Value Added Services.

We may, from time to time, make available in our sole discretion pre-release versions of the Services or components thereof (each a “Beta Release”). Beta Releases may be changed, terminated or suspended without notice and are offered solely on an “as-is“, “where-is” basis. Additionally, certain features of the Services (including but not limited to certain types of Service interface) may be made available to you through without the charging of additional Fees. We reserve the right to charge for such features of the Services at any future date and will notify you in advance of the applicable rates upon which the Fees for such features will be calculated.

15. Test Accounts.

We may make an Account available to you for the purposes of testing of certain Services (with or without a test Account Service Order, at our discretion). The terms of the Agreement shall govern your use and access to such test Account and test Services. You shall ensure that the test Account and test Services are used only for the purpose of testing, and not for any productive, commercial or other purpose (such restriction prevailing over any other provision to the contrary in the Agreement). You shall comply with any relevant instructions or protocols we notify you of in relation to the test Account and test Services. The Fees for such test Account and test Services shall be as determined by us from time to time. You agree that we can withdraw such test Account and test Services at any time (with or without notice to you).

16. Governing Law and Venue.

If you are party to the Agreement with Mblox Inc., California law governs the Agreement, excluding its conflict of laws principles, and the parties agree to the exclusive jurisdiction of the State and Federal courts in Santa Clara County and the Northern District of California, respectively.  If you are party to the Agreement with Mblox Ltd., the law of England governs the Agreement (and any non-contractual matters arising out of it), and the parties agree to the exclusive jurisdiction of the courts in London, England (including without limit, in relation to non-contractual matters). We may however bring enforcement proceedings against you in any jurisdiction.

17. Notice.

Mblox may provide all written notices hereunder to any email address under your Account, effective upon transmission. If an email address under your Account is not valid, or we for any reason are not capable of delivering to you any notices required/permitted by the Agreement, our dispatch of the email containing such notice will constitute effective notice. We may also give notice to you at the postal address listed on the Cover Sheet, which shall be deemed effective on the date of dispatch. For an Agreement with Mblox Inc., You may give notice to us at the following address: Legal Department, Mblox Inc., 1100 Abernathy Road, 500 Northpark Towncenter, Suite 1200, Atlanta, GA, 30328, United States. For an Agreement with Mblox Ltd., you may give notice to us at the following address: Legal Department, 4th Floor, Cap House, 9-12 Long Lane, Barbican, London, EC1A 9HA. Such postal notice will be deemed effective when received by us by letter delivered by nationally recognized overnight delivery service or recorded prepaid mail at the above address.

18. General.

Neither party will be liable for failures or delays in the performance of its obligations hereunder due to causes beyond its reasonable control, including, without limitation, in respect of the provision of the Services, failures or delays caused by Service Providers, any act of God, terrorist attacks, inclement weather, accidental damage, vandalism, failure or shortage or power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labor disturbance, compliance with Relevant Laws, any act or omission of Government or other competent authorities. The parties are independent contractors, and there is no partnership, joint venture, employment, franchise or agency relationship created by the Agreement. Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent. You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under the Agreement. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement without your consent however, you shall, if we require, execute such deeds and/or documents as may be necessary or required by us to give effect to any such dealing in such rights and/or obligations. A waiver of any provision of the Agreement must be made in writing to be effective, and our waiver of a breach of any provision or right contained in the Agreement will not constitute a continuing waiver or waive any subsequent breach or right. You shall, in relation to this Agreement, comply with all Relevant Laws which are applicable to you, including but not limited to export control laws and regulations, economic, trade and financial sanctions laws, regulations, embargoes, restricted state lists or restrictive measures administered. If any provision of the Agreement is unenforceable, that provision will be modified to render it enforceable to the extent possible to affect the parties’ intention, and the remaining provisions will not be affected. The Supplemental Terms will prevail in the event of a conflict with the Terms of Service, but only to the extent such conflicting term relates to the Services governed by those Supplemental Terms. In all other cases, the Terms of Service will prevail in the event of a conflict with another part of the Agreement, unless such other part of the Agreement intends and expressly states that the specific term supersedes. Further, the fact that a part of the Agreement does not contain a provision relating to particular matter, which another part of the Agreement does have a provision for, shall not be deemed to give rise to a conflict.  Any Mblox Affiliate is entitled to enforce any provision of this Agreement which confers a benefit on it (however the consent of such Mblox Affiliate shall not be required to amend or terminate the Agreement in accordance with its term). There are no other third party beneficiaries to the Agreement and any Relevant Law, which may grant third party rights, is expressly excluded. The Agreement is the parties’ entire agreement relating to its subject, and supersedes any and all prior oral and written proposals, agreements, understandings and contemporaneous discussions between the parties as to the subject matter. Neither party has entered into the Agreement (or any part thereof) in reliance upon and nor shall they have any remedy in respect of, any representation or statement (whether made by the other party or any other person) which is not expressly set out in the Agreement. The only remedies available for breach of any representation or statement which was made prior to entry into the Agreement (or any part thereof) and which is expressly set out in the Agreement shall be for breach of contract (although nothing in this Section shall be interpreted or construed as limiting or excluding the liability of either party for any type of fraud). The terms contained in any purchase order, order form or similar document, will have no force or effect, and will not be binding upon us. The parties may sign the Agreement (or any part thereof) electronically and in counterparts, each of which is deemed an original and, together, comprise a single document. Each party to this Agreement agrees to use electronic signatures; and be subject to the provisions of the applicable national laws governing electronic signatures.

19. Definitions

Account” your account with us for the Services.

Account Information” information you supply in relation to your Account.

Accrued Liability” when calculated at any given time, the total Fees, Taxes and ETC’s invoiced under the Agreement which remain unpaid, plus the unbilled but accrued Fees, Taxes and ETC’s.

“Affiliate” an entity that directly or indirectly controls, is directly or indirectly controlled by, or is under common direct or indirect control with, a party. For purposes of this Agreement, “control” of any entity shall mean ownership of a majority of the voting equity interests or profit interests in such entity.

Agreement” the (i) Terms of Service; (ii) Service Order/s; (iii) Change Order/s; (iv) Supplemental Terms; (v) Cover Sheet (if any); and (vi) Privacy Policy.

Confidential Information” all information disclosed (whether in oral, written, or other tangible or intangible form) by a party to the other party concerning or related to the Agreement (whether before, during or after the Term), which the receiving party knows or should know, given the facts and circumstances surrounding the disclosure of the information, is confidential information of the disclosing party. Our Confidential Information includes, but is not limited to, the Agreement, our pricing, our intellectual property rights and the Services.

“Change Order” the document provided by us (and entered into by both you and us) which details changes to Service Orders, Services, Fees and other Service related terms (and which is governed by the Terms of Service).

Claim” claim, action, demand, allegation or proceeding brought or made.

“Compliance Rules” rules and restrictions (as may be updated by us from time to time) pertaining to the use of the Services, including without limitation the Messaging Compliance Rules at (or any successor URL we stipulate) or as otherwise provided to you by us.

“Content” messages, information, data, text, software, music, audio, photographs, graphics, video, messages or other materials stored or transmitted via the Services in any medium.

Cover Sheet” any cover sheet to which these Terms of Service are attached or incorporated by reference.

“Credentials” names, passwords and other information provided to you or created in accordance with our policies.

“Credit Balance” a credit balance on a prepay Customer’s account.

“Credit Limit” the aggregate credit limit of all sums payable by you to us which is applied by us to your Account.

“Data” Account Information, Content, Personal Data and any other information made available to us in connection with the use of the Services.

“Data Controller” has the meaning given to it in the applicable Data Protection Laws.

“Data Processor” has the meaning given to it in the applicable Data Protection Laws.

“Data Protection Laws” the Relevant Laws relating to the collection, use, storage or disclosure of information about an identifiable individual.

“Documentation” the technical documentation made available to you by us regarding any portion of the Services, which includes without limitation the relevant Service Specification(s).

“Entity” a corporation, company, body corporate, unincorporated association, state, governmental or statutory body or authority, and/or a partnership.

“ETC” the early termination charge, which unless specified otherwise in a Service Order, shall be 100% of any monthly Recurring Fees (where charges are billed monthly) for a Service (including but not limited to the minimum monthly fee) payable for the remainder of the Initial Term or Renewal Term, as applicable. For any Fees billed annually in advance, the ETC shall be 100% of the annual Fee.

“Fees” the charges payable for the Services including but not limited to Recurring Fees, Non-Recurring Fees and One-Time Fees.

“Feedback” the ideas, suggestions or recommendations on the Services provided by you.

“Fine” any and all fines, penalties, refunds, charges, debits, deductions, legal fees and costs incurred by or other sums payable to a Service Provider or Regulator.

“Initial Term” in respect of a Service, is the minimum period (commencing on the Service Start Date), which you are committed to purchase that Service. Unless detailed otherwise in a Service Order, the Initial Term of each Service shall be twelve (12) months.

Losses” all losses, damages, liabilities, costs, expenses, Fines and penalties (including without limitation reasonable legal fees and costs).

“Mblox Inc.” Mblox Incorporated, a Delaware Corporation with registered number 2998941.

“Mblox Ltd” Mblox Limited, a company incorporated in England and Wales, with company registration number 3049312.

“Non-Recurring Fees” includes but is not limited to usage based fees and Service Provider pass through fees.

“Numbers and Codes” numbers and/or codes which we make available for you to use as part of the Services, including (but not limited to), short codes, long numbers,  alpha senderID’s and/or alphanumberic senderID’s.

“One-Time Fees” one-off fees, including but not limited to set-up fees.

“Personal Data” information about an individual that is defined as “personal data” or “personal information” in the applicable Data Protection Laws.

“Prior Agreement” any other agreement you have entered into with us prior to the effectiveness of the Agreement, which governs your use of the Services or any part of them.

“Privacy Policy” our policy regarding privacy which can be found at (or any successor URL we stipulate) as may be updated by us from time to time.

“Recurring Fees” non-usage based fees, including but not limited to minimum fees and lease fees.

“Regulator” any regulator or other authority, voluntary or otherwise, which a party is regulated by.

“Relevant Laws” any statute, regulation, bylaw, ordinance or subordinate legislation which is in force for the time being to which a party is subject; the common law as applicable to the parties (or any one of them); any binding court order, judgment or decree applicable to the parties (or any one of them); and any applicable industry code, policy, guidance, standard or accreditation terms enforceable by law, which is in force for the time being, and/or stipulated by any Regulator to which a party is subject, in each case, for the time being.

“Renewal Term” in respect of a Service, is the same length of time as the Initial Term for that Service, with the first Renewal Term commencing upon expiry of the Initial Term and subsequent Renewal Terms commencing on expiry of each Renewal Term.

Service Level Agreement” (also “SLA”) the document or documents setting forth our standard support terms and service levels for the Services, as provided to you by us.

“Service Order” the document provided by us (and entered into by both you and us) which details the applicable Services, Fees and other Service related terms (and which is governed by the Terms of Service).

“Service Order Effective Date” the date detailed in a Service Order, being the date which it takes legal effect.

Service Provider” any entity (including without limitation, a mobile network operator, mobile virtual network operator, signalling provider, messaging aggregator or hosting provider, that directly or indirectly provides a service to us or an Affiliate of ours) that is used in relation to the provision of any of the Services.

Services” your use of and access to the platform, software, Documentation and any services made available to you or as set forth on a Service Order.

“Service Specification” the document or documents detailing a description of the Services, as provided (or otherwise made available) to you by us.

“Service Start Date” in respect of any Services, the date upon which such Services are first made available for your use, as determined by us.

“Service User” means any user of the Services, whether or not you have a contractual relationship with such user including (without limitation) any of your customers (or any other third parties to whom the Services are subsequently resold or made available) or any of your Affiliates, suppliers, employees, contractors, agents.

Supplemental Terms” the Documentation, Compliance Rules, SLA and any other terms governing your use of the Services.

“Taxes” applicable taxes, duties, and similar charges, including sales, usage, excise and value added taxes

“Term” the term of the Agreement, which commences on the date referred to in Section 5(a).

“Terms of Service” these terms of service.


By using our websites, products, services, or otherwise by interacting with us, you consent to this privacy policy. Please do not engage in any of these activities if you do not agree with the terms of this privacy policy. This website (“Site”) is the exclusive property of Mblox, Inc. (“Mblox”, “We”, “Us” or “Our”). All information collected on the Site is Our exclusive property.
Your privacy is important to Us. The purpose of this Privacy Policy is to inform you about the information We may gather about you, how We may use that information, whether We disclose it to anyone, and the choices you have regarding Our use of the information we collect.

Information Collected by Mblox

In general, Mblox will collect information from you based upon our business relationship and your use of the Site and Our services and products as set forth below:

Content Registration

In order to access and view some content on the Site, you are required to register with Mblox before the content is made available to you. During the registration process, you are required to provide Us with certain contact information, including your name, address, phone number and email address. We use this information to contact you about the services We offer in which you have expressed interest.

Client Support Portal

When you contact Mblox customer support (“Customer Support”) using any Mblox client support portal (the “Client Support Portal”), We may ask you for personally identifiable information regarding your inquiry, such as your name, email address or telephone number. We will take reasonable steps to protect the information you share with Us from unauthorized access or disclosure.


When you contact Customer Support through the Client Support Portal the Mblox web server sends a cookie to your computer. Cookies are files that web browsers place on a computer’s hard drive and are used to tell Us whether customers and visitors have visited the Site previously.
The Client Support Portal uses session cookies containing encrypted information to allow the system to uniquely identify you while you are logged in. This information allows Us to process your online data and requests. Session cookies help Us make sure you are who you say you are after you have logged in. We use persistent cookies, which only We can read and use, to identify the fact that you are an Mblox customer or prior site visitor. Users who disable their browser’s ability to accept cookies will be able to browse the Site but will not be able to successfully use certain Customer Support features.
We also may from time to time engage third parties to track and analyze non-personally identifiable usage and volume statistical information from visitors to Our Site to help Us administer Our Site and improve its quality. Such third parties may use cookies to help track visitor behavior. Such cookies will not be used to associate individual Site visitors to any personally identifiable information. All data collected by such third parties on Our behalf is used only to provide Us with information on site usage and is not shared with any other third parties. It is possible to configure your browser to reject cookies by modifying the browser settings or preferences. If you wish to do so, We recommend you consult the information provided in the browser or contact the browser vendor for help or instructions.


If you send Us personal correspondence, such as emails or letters, We may collect such information into a file specific to you.

Mobile User Information

As part of our services, we sometimes receive personal information from wireless carriers and operators in order to provision the specific content and data services requested by individual users. All such personal information is acquired from either the wireless carrier’s website or from the user’s mobile device via the wireless carrier’s network. This personal data is usually limited to the user’s cell phone number. In some cases, such as for prize fulfillment for a mobile contest, the user’s mailing address is also provided. The user must explicitly “opt in” through the wireless carrier in order for any of this information to be collected and its use is governed by this Privacy Policy and any policies or procedures of the user’s wireless carrier. In some cases, we may receive authentication information directly from mobile users, including in the form of a personal information number (PIN) previously sent to a mobile user.

Business Contacts and Human Resources

We collect personal information about you when you submit a job application, resume, survey responses or other information you give us relevant to your business relationship with Us.
Mblox collects and uses your personal information to give you high quality customer service, to provide you with convenient access to Our products and services, and to make you aware of the latest offerings from Mblox. We only use your information for the purposes for which it is gathered for and we take reasonable precautions to maintain the reliability of such information.


If you wish to subscribe to our newsletters, we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you have the option to unsubscribe from receiving some or all of the newsletters. Please see the “Choice and Opt-out” section below.

StarStar Services

The StarStar platform collects certain information each time a user calls a StarStar number to provide the service of routing StarStar callers to your mobile-phone capable destination. This may include a mobile telephone number, the number called, as well as information provided by the carrier to process the call, including cell site ID and mobile device ID. We do not collect names or addresses in our databases and do not otherwise try to link StarStar callers to personal information. StarStar also collects cell tower site ID location information from StarStar number calls. You may implement campaigns that require callers to provide more specific location information (e.g. by clicking on one’s location on a Google Map.) We require that callers be notified of this (1) through reasonable notice in the campaign text that location information will be collected and (2) a second opt-in to revealing the caller’s location as described in the MMA’s Mobile Advertising Guidelines. The reports we provide you are limited to aggregate anonymous data that can be used for the analysis of a given campaign. In some cases, StarStar may collect additional information using standard mobile analytics tools to analyze the caller’s interaction with you online.

Service-related Announcement

We will send you service-related announcements when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

Customer Service

As discussed above, We will also communicate with you in response to your customer service inquiries, to provide the services you request, and to manage your account.


As a matter of policy, we do not sell or rent any of your personal information to third parties for any advertising or marketing purposes. However, the following describes some of the ways that we may disclose your personal information in the normal course of providing our services.

Legal Requests

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on the Site.

Disclosure of Information to Mblox Foreign Affiliates

Because Mblox is a global company, We may share your information with other Mblox affiliates and business units in other parts of the world in order to provide you with Our services. Your personally identifiable information may be transferred by Us from your home country to Mblox employees in Mblox offices around the world, who may communicate with you regarding your inquiry. Please understand that We limit access to your personally identifiable information to only those Mblox employees who We believe need access in order to provide services to you or to otherwise do their jobs.

Compliance with Laws

Notwithstanding any provisions herein, We may disclose Personal Data to governmental authorities when required or reasonably requested to do so by such governmental authorities. This Privacy Policy does not apply to the extent that it is in conflict with any law that may be applicable to the Personal Data of a Data Subject.

Data Processing

As Data Processor, Mblox will only process Personal Data pursuant to the instructions of the applicable Client. Mblox may use the services of third party Data Processors to process Personal Data in accordance with purposes identified for such Personal Data by the applicable Client. Except as stated herein, Mblox will not transfer Personal Data to a third party without instructions from the applicable Client. Mblox will not be responsible for determining the authenticity of any purported Data Subject’s request to access his or her Personal Data. In the absence of express instructions to do so from the applicable Client, Mblox will not provide a purported Data Subject with access to his or her Personal Data unless it is demonstrated to Mblox’s satisfaction that the applicable Data Controller has refused such access.

Data Control

As Data Controller, Mblox receives Personal Data about our business contacts. Mblox owns and controls such Personal Data as stated in this Privacy Policy.

Sharing StarStar Data with Customers

We will only share aggregate anonymous data about a particular StarStar campaign with you. This includes data that does not identify a subscriber individually or when combined with other information does not enable a subscriber to be identified individually. We use both technological measures and contractual terms designed to prevent re-identification of anonymous data. If you purchase multiple StarStar numbers for a series of related campaigns, aggregate anonymous information may be shared across those groupings of StarStar numbers to provide accurate metrics.
In some cases, you may choose to utilize StarStar to deliver serialized messages to callers, and in some of these cases, we will partner with a third party to deliver these messages. In these cases, we will securely provide the mobile phone numbers of callers for a given campaign to a third party for the explicit execution of a campaign. We only do this in explicit observation of the MMA, CTIA, our own, and wireless carriers’ policies that callers must be made aware that they will receive serialized messages, and that callers mobile phone numbers may only be used to send message for a specific campaign.

Sharing StarStar Data with Carrier Partners

We share information collected from StarStar calls with carriers for the purposes of revenue determination and service troubleshooting.


Mblox provides messaging services to health care providers, and serves as a “Business Associate” (as that term is defined pursuant to HIPAA Regulations) to such providers in relation to the handling of protected health information (“PHI”) that is made a part of our services.


Mblox may de-identify Personal Data into anonymized and aggregate data that it derives from Client customers (the “Anonymous Data”). Anonymous Data means data that includes no personally identifiable information or unique identifiers that could later be used to refer to the personally identifiable information to which the data was once associated. Mblox uses only Anonymous Data in performing analyses, and may disclose Anonymous Data to its Clients who have requested such analyses and to third parties where we are contractually entitled to do so.

Disclosure of Information

Safe Harbor, HIPAA – Mblox processes, on behalf of its clients (Mblox “Clients”), Personal Data that has been collected by or on behalf of those Clients including Personal Data received from the European Union. “Personal Data” or “Personal Information” mean information relating to an identified or identifiable person. Mblox complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information from European Union member countries and Switzerland. Mblox has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.
To learn more about the Safe Harbor program, and to view Mblox’s certification, please visit Under the Safe Harbor Frameworks, Mblox primarily acts as a Data Processor and each Client acts as a Data Controller. For the purposes of the Safe Harbor Frameworks and this Privacy Statement: a “Data Processor” is an entity that processes Personal Data on behalf of a Data Controller; a “Data Controller” is an entity that determines the purposes for which Personal Data are processed. To “process” Personal Data means to carry out an operation or set of operations on such Personal Data, such as collecting, recording, storing, disclosing, or organizing it. The “Data Subject” means the person to whom a certain set of Personal Data relate; for example, the person who responds to a survey.

This Site is Not for Use by Children

Protecting the privacy of children is important to Mblox. For that reason, the Site is structured specifically to not attract anyone under 13, nor do we collect or maintain personally identifiable information at the Site from those who Mblox actually knows are under 13. If Mblox learns or is notified that it has collected information from users under the age of 13, Mblox will immediately delete such personally identifiable information.


We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you register with Us but no longer wish to receive our newsletters and/or related communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing Us at


We take appropriate technical and organizational measures to guard against unauthorized or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, your personal data. Mblox uses industry-standard security measures to protect the integrity and confidentiality of any Personal Data it owns or processes on behalf of Clients, including, in appropriate circumstances, the use of firewalls, restricted access, and encrypted transmissions. Mblox limits access to Personal Data to those persons in Mblox’s organization who have a business need to process such Personal Data. However, no company, including Mblox, can fully eliminate the security risks associated with such Personal Data. Due to factors beyond Mblox’s control, Mblox cannot ensure that Personal Data will not be disclosed to third parties. For example, Mblox may become legally obligated to disclose such data, or, despite precautions, third parties may circumvent security measures to intercept or access such data.


We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), We may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Site. Mblox does not review, comment upon, or monitor its Clients’ compliance with their respective privacy policies, nor does Mblox review Client instructions to determine whether they are in compliance or conflict with the terms of a Client’s published privacy policy.

Third Parties

Please be advised this Privacy Policy does not apply to the practices of companies that Mblox does not own or control, or to people that Mblox does not employ or manage. This includes links to other websites on the Site as well as any companies from whom you may have ordered services or products that are transmitted over Mblox’s network, and any companies from whom you may be purchasing telecommunications services. Mblox recommends that you be aware when you leave the Site and read the terms of use and privacy policies of any site, product or service that collects personally identifiable information.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time, so please review it regularly. If We make changes to this Privacy Policy, We will post the revised Privacy Policy on the Site and other places We deem appropriate. All such changes shall be binding on you 30 days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.


If another company acquires Mblox or its assets, that company will (a) process that Personal Data held by Mblox, and (b) assume the rights and obligations regarding such Personal Data described in this Privacy Policy.

Update Information / Revoke Choices / Suggestions / Contact Information

If you would like to update or correct any information that you have provided to Mblox through your use of our services or this website, limit or opt-out of certain communications, revoke prior communication choices you have made, or if you have suggestions for improving this privacy policy, please send an e-mail to, or fill out the form in the Contact Us linkon this website. We will use reasonable commercial efforts to address any concerns that you may have.
In compliance with the US-EU and US-Swiss Safe Harbor Principles, Mblox commits to resolve complaints about your privacy and our collection or use of your personal information. Any person – including European Union or Swiss citizens – with inquiries or complaints regarding this privacy policy should first contact Mblox’s Privacy Office at:

Mblox Inc.
1901 S. Bascom Ave, Suite 400
Campbell, CA 95008 USA

Mblox has further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Mblox, please visit the BBB EU SAFE HARBOR web site at for more information and to file a complaint.

Revised November 1, 2014

DMCA Policy

Mblox Incorporated is committed to helping parties protect their intellectual property rights. Under the provisions of the Digital Millennium Copyright Act (DMCA), copyright holders have an opportunity to protect their rights in copyrighted content by notifying a service provider about conduct which they believe in good faith to be an infringement of such rights and making a demand that the allegedly infringing content be removed.

Filing a DMCA Notice to Remove Copyrighted Content - for Copyright Holders

If you believe that your content has been copied in a way that constitutes copyright infringement, provide us with a written notice containing the following information:

Your name, address, telephone number, and email address (if any).
A description of the copyrighted work that you claim has been infringed.
A description of where on the Mblox platform or service the material that you claim is infringing may be found, sufficient for Mblox to locate the material.
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your electronic or physical signature.

You may submit this information via:

Offline: Mblox’s Copyright Agent (listed below)

Filing a DMCA Counter-Notification to Restore Removed Content - for Mblox Customers or Users

If you believe that your material has been removed by mistake or misidentification, please provide Mblox with a written counter-notification containing the following information:

Your name, address, and telephone number.
A description of the material that was removed and the location on the Mblox platform or services where it previously appeared.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Mblox may be found (which includes the United States District Court for the Northern District of California), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
Your electronic or physical signature.

You may submit this information via:

Offline: Mblox’s Copyright Agent (listed below)

Please note that we may send any counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials may remain removed.


In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.


We may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who may have posted the allegedly infringing material.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

Mblox’s Copyright Agent

You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to Mblox’s Copyright Agent:

Mblox Incorporated

1100 Abernathy Road,
500 Northpark Towncenter, Ste 1200
Atlanta, GA 30328
Attn: Copyright Agent


Date of Last Revision – 16 July 2015

The following SMS Service Level Agreement (“SLA”) applies only to those Customers who have purchased an SMS Service which Mblox has agreed to support with this SLA. Please refer to your Agreement with Mblox or contact your account manager if you are unsure whether the SLA applies to your Services.

The SLA is governed by and may be subject to change in accordance with the Mblox Terms of Service at (“Terms of Service”).

Please refer to the Terms of Service and Section 4 below for the meanings given to capitalized terms in this SLA.

1. Service Levels

Mblox will use reasonable endeavours to meet the following service level:

Availability Target:

Availability of 99.9% in each Month.

2. SLA Exceptions

Mblox shall not be responsible for any failure to comply with any part of the SLA to the extent such failure results from one or more SLA Exceptions.

3. Measurement

Tracking of performance against the SLA shall be undertaken by Mblox using its internal measuring tools and processes.

4. Definitions

  • Available” means that the Platform is available for the transmission and reception of Messages. “Availability” shall be construed accordingly.
  • “Message” means any mobile originated and/or mobile terminated SMS.
  • “Month” means a calendar month.
  • “Platform” means the messaging platform used by Mblox to provide the Services.
  • “SLA Exceptions” means any failure to meet a service level as a result (either wholly or in part) of: (a) maintenance; (b) acts or omissions of Service Providers; (c) force majeure conditions referred to in the Terms of Service; (d) suspension of the Services in accordance with the TOS; (e) Customer caused issues including (but not limited to): (i) any failure to provide information requested by Mblox; (ii) any failure to interface to the Platform in accordance with Mblox’s instructions; or (iii) the throughput which Mblox has agreed to provide under the Agreement being exceeded).
  • “SMS” is an acronym for short messaging services. An SMS means an alpha-numeric message of no longer than 160 characters.

Support Agreement

Date of Last Revision – 12 June 2015

The Support Agreement is governed by and may be subject to change in accordance with the Mblox Terms of Service at (“Terms of Service”).

Please refer to the Terms of Service and Section 5 below for the meanings given to capitalized terms in this Support Agreement.

1. How do I report Service Issues to Mblox?

Customers should report all Service Issues to Mblox Customer Support, using one the following methods:

• Email:
• Telephone: to +1 408 617 3700 x1 (Americas customers), +65 6248 5915 (APAC Customers) or +44 20 8432 1248 (EMEA customers).
• Mblox customer portal.

2. What happens after I have reported a Service Issue?

Mblox will log a trouble ticket in its support system and give the Service Issue one of the following “Priority Definitions”:

3. Within what timeframes will Mblox try to respond to and resolve my Service Issue?

This depends upon the Priority Definition given by Mblox to the Service Issue and whether you have Essential Support, 24/7 Support or Enterprise 24/7 Support.

Please contact your account manager or if you are unsure which applies to your account or if you wish to purchase a higher level of support.

When a Service Issue is reported in accordance with Section 1 above, Mblox will use reasonable endeavours to comply with the following Response and Resolution times:

Essential Support:

24/7 Support:

Enterprise 24/7 Support:

Each Response and Resolution timescale commences at the point which Mblox logs a trouble ticket in its support system.

Mblox shall not be responsible for any failure to comply with any part of this Support Agreement to the extent such failure results from one or more Support Exceptions.

4. Does Mblox conduct maintenance?

Mblox will use reasonable endeavours to perform planned maintenance on weekdays between the hours of (a) 02:00 to 05:00AM GMT/BST for Customers connected to the Platform in the UK; and (b) 01:00 to 04.00AM Pacific Time on weekdays for Customers connected to the Platform in the US.

In the case of unplanned maintenance, Mblox will use reasonable efforts to provide 24 hours’ email notice, if practicable.

Additionally, Mblox will use reasonable efforts to give the Customer advance email notice of any planned maintenance by Service Providers which affects Services relating to particular destinations (provided Mblox gets equivalent notice from the applicable Service Providers).

5. Definitions

  • “Platform” means the messaging platform used by Mblox to provide the Services.
  • “Resolution” means that Mblox has determined that a Service Issue has been fixed, resolved or worked around.
  • “Response Time” means that Mblox has provided an acknowledgement to the Customer that the Service Issue has been logged (by email or telephone).
  • “Service Issue” means the Platform and/or Services are not able to be accessed or used substantially in accordance with your Agreement with Mblox.
  • “Support Exceptions” means any failure to meet a service level as a result (either wholly or in part) of: (a) maintenance; (b) acts or omissions of Service Providers; (c) force majeure conditions referred to in the TOS; (d) suspension of the Services in accordance with the TOS; (e) Customer caused issues including (but not limited to): (i) any failure to provide information requested by Mblox; (ii) any failure to interface to the Platform in accordance with Mblox’s instructions; or (iii) the throughput which Mblox has agreed to provide under the Agreement being exceeded).
  • “Working Hours” for customers in the Americas means 9am until 5.30pm Eastern Time (Monday to Friday, excluding bank or public holidays), for customers in EMEA means 9am until 5.30pm GMT/BST (Monday to Friday, excluding bank or public holidays) and for customers in APAC means 9am to 5.00pm SGT (Monday to Friday, excluding bank or public holidays).

Messaging & Compliance

Date of Last Revision: September 18, 2015

Please note the following before reading further:

• The following information identifies some (but not all) of the applicable laws, regulations and industry codes and standards which govern the use of Mblox’s messaging services (“Messaging Compliance Rules”).

• The following information is not intended to constitute (nor does it constitute) legal, compliance or professional advice of any kind.

• The following information is neither a complete list of the Messaging Compliance Rules nor of the applicable jurisdictions in which Mblox provides messaging services. It is the responsibility of all Mblox customers to comply with all Messaging Compliance Rules (whether or not they are referred to in the following information). In particular, the following information does not consider any of the specific rules enforced by the underlying carriers, operators and aggregators “Service Providers” who we use to provide the messaging services. Please refer to section 2 below for further information on Service Provider rules.

• The Messaging Compliance Rules supersede the Mblox Compliance Manual. Where your agreement with Mblox refers to the “Mblox Compliance Manual” or “Compliance Manual” (or similar term) it shall be deemed to be referring to these Messaging Compliance Rules.

1. Messaging Compliance Rules

As Mblox messaging services are available across multiple territories and jurisdictions, all Mblox customers must consider where:

(i) they use the Mblox messaging services; and
(ii) their use of the Mblox messaging services has an impact.

For example, if the Mblox messaging services are used to send messages from an entity in the United Kingdom to end users in Germany, the jurisdictional impact of the Messaging Compliance Rules in the United Kingdom and Germany will be relevant (in addition to any overriding EU Regulations).

The Messaging Compliance Rules are presented in three columns as follows:

a.  Country

This column identifies the relevant country to which the Messaging Compliance Rules relate. As noted above, it is relevant to consider the country in which messages are sent both to and from.

b.  Mobile Messaging

This column identifies where certain countries have specific Messaging Compliance Rules governing the sending of mobile messages by businesses. For example, some countries have:

• laws and regulations governing the use of electronic communications and/or telecommunications services which apply to A2P messaging services;
• laws and regulations governing the content of content of A2P messages and the time periods within which it is permissible to send them;
• industry codes of conduct dealing with the use of short codes; and
• regulations requiring the pre-registration of bulk SMS outbound (MT) message originators, i.e. the alphanumeric characters used in the SenderID to personalise Application-to-Person (A2P) SMS messages.

c.  Marketing & Privacy

This column details some of the relevant laws, regulations and codes of conduct governing the marketing to individuals and businesses in the applicable countries. These may be specific to messaging services or be of more general application to all marketing activities. Generally speaking they share a very important principle with the privacy laws in that it is necessary to ensure that the consent of the applicable individual has been obtained (and hasn’t been withdrawn) before any marketing is sent to that individual. What is meant by “consent” and the methods by which individuals can withdraw that consent may differ by jurisdiction. The general rule is that individuals must have provided clear and unequivocal consent to receive marketing through the messaging services and that they must be given an easy and convenient method by which they can opt-out at a later date.

The column also identifies where countries now have relevant data privacy laws. Those countries may also have a national regulation authority which monitors and enforces those laws. Although the definition of what constitutes “personal data” or “personal information” (“Personal Data”) may differ by jurisdiction, it is generally understood to mean information about an individual that (a) can be used to identify, contact or locate a specific individual; (b) can be combined with other information that is linked to a specific individual to identify, contact or locate a specific individual. An individual’s mobile phone number (known as the MSISDN), an IP address and certain message content are generally understood to constitute Personal Data.

Before sending any Personal Data to us in connection with our messaging services, it is our customers’ responsibility to ensure that the applicable rules governing the use of that Personal Data have been complied with. For example (but without limitation), have the relevant individuals provided the necessary consent to the use and transfer of the Personal Data? Has that consent since been withdrawn?

2. Service Provider Rules

Many of our Service Providers impose their own specific requirements relating to the use of the messaging services by Mblox, its customers and any end users. These may include (but are not limited to) additional rules relating to the:

• type, content and permitted time of sending of messages;
• pre-registration of message originators;
• prohibition of certain types of message originators;
• pre-approval of messaging campaigns; and
• pre-approval of key words used in response to mobile originated messages sent to short codes.

Given the detailed nature of such rules, the specific details are beyond the scope of the detail in the table below. Nonetheless, by using Mblox’s messaging services our customers agree to comply with such rules at all times. Therefore before attempting to send any messages to a particular country, all customers should contact their account manager who (with the support of Mblox’s country managers an commercial operations team) will discuss the Service Provider rules which may apply, including (but not limited) to any necessary pre-registration or registration of originators which needs to be undertaken before messages can be sent.

3. Updates

Due to the dynamic nature of technology and the messaging industry, the Messaging Compliance Rules are constantly evolving and adapting to keep pace with the changes. As a result, we may update these Messaging Compliance Rules from time to time by publishing an updated version on our website or elsewhere as we determine.

Country Messaging Marketing & Privacy
Argentina · Article 27 Personal Data Protection Act 25,326Article 27 Decree Regulation of the Personal Data Protection Act 1558/2001· DPA Disposition 4/2004 – AMDIA (i.e. a local marketing association) registered its code of conduct with the Argentinean Data Protection Authority. So its members do not need to register the database with the DPA but with AMDIA.

· DPA Disposition 4/2009

· Do Not Call Registry Act 26,951

· Decree Regulation of the Do Not Call Registry Act 2501/2014

Armenia · Law of the Republic of Armenia “On Electronic Communications” adopted on 08.07.2005· Official clarification of the President of State Revenue Committee with the Government of the Republic of Armenia dated 12.09.2012 relating to procedure for determining the turnover of services taxable by VAT which provided by mobile operators to the organizer of quiz games via sms· Article 26 (2) (a) of the Law of the Republic of Armenia “On Investigative Search Activity” dated 22.10.2007 · Generally, Law of the Republic of Armenia “On Electronic Communications” adopted on 08.07.2005;· Official clarification of the Minister of Finance of the Republic of Armenia N 1 dated 14.12.2011 relating to conducting quiz game activities via sms· Law of the Republic of Armenia “On Personal Data” adopted on 08.10.2002
Australia · Mobile Premium Services Industry Code (C637:2011) · Spam Act 2003· Competition and Consumer Act 2010 in particular Schedule 1 Australian Consumer Law)· Privacy Act 1988 (in particular Schedule 1 Australian Privacy Principles)

· Codes and Initiatives administered by the Advertising Standards Bureau

· Telecommunications Consumer Protections Code Industry Code (C628:2012) (in particular chapter 4 Consumer Sales, Service and Contracts)

· Do Not Call Register Act 2006 (applies to voice call and faxes only)

Austria · Austrian Data Protection Act· Austrian Telecommunication Act (Sec 107 – SPAM provision; strict opt-in provision for B2B as well as for B2C – prior consent for direct marketing and electronic marketing as well as mass messages necessary)· Austrian Media Act (Sec 24 and 25 – mandatory information duties for frequent messages)

· Austrian E-Commerce Act (Sec 5, 6 and 7 – mandatory information duties)

· Austrian Act Against Unfair Competition (aggressive commercial practice pursuant to no 26 of Annex I)

· Robinson List (do-not-contact list pursuant to Sec 7 E-Commerce Act; operated by the Austrian Regulatory Authority for Broadcasting and Telecommunications (RTR))

· Information on specific advertising restrictions (provided by the Austrian Economic Chamber (WKO))

Belgium · Article XII.13 of the Code of Economic law (consent rules)· Royal Decree of 4 April 2003 on e-mail marketing (exemptions from consent rules)· GOF (GSM Operator’s forum) Guidance (best practice rules for GOF members)

· Articles VI.111 to VI.115 of the Code of Economic law (screening against do-not-call registers and opt-out solutions)

· Article VI.110 of the Code of Economic law (unsolicited calls)

· Article XII.12 of the Code of Economic law (general rules on marketing messages)

· Book VI of the Code of Economic law (general rules on trade practices and consumer protection)

· Data Protection Act 1992 and the implementing Royal Decree 2001

· Recommendation of the Belgian Data Protection Authority regarding direct marketing

· Non statutory Robinson list of the Belgian Direct Marketing Association

Brazil · Articles 18,19,20,33, 36, 39 and 49 of the Brazilian Consumer Code· Federal Decree No. 7.962 (March 2013)· Brazilian self regulatory code of advertising – National Council for Advertising Self-Regulation (Conar)

· Article 6, XXIV of the personal mobile service regulation – Annex to regulation 477 (August 2007) – National Telecommunications Agency (Anatel)

· General regulation 632 of consumer rights on telecommunications service (March 2014) – National Telecommunications Agency (Anatel)

· Directive Release No. 039/2012/PVCPR/PVCP – National Telecommunications Agency (Anatel)

Bulgaria · Electronic Commerce Act (promulgated, SG No. 51/23.06.2006, last amended, SG No. 105/29.12.2011) – lays down provisions regarding unsolicited commercial communication, including unsolicited SMS text messages, establishing an opt-in regime as regards the consumers (more specifically Art. 6 thereof)· Electronic Communications Act (promulgated, SG No. 41/22.05.2007, last amended, SG No. 24/31.03.2015) – regulates the direct marketing messaging and establishes an opt-in regime for consumers and an opt-out regime in respect of data collected on the basis of commercial transactions (more specifically Art. 257, Para 9 and Art. 261 thereof)· Protection of the Competition Act (promulgated, SG No. 102/28.11.2008, last amended, SG No.15/15.02.2013) – forbids the unfair solicitation of clients, as part of the prohibition for unfair competition  (more specifically chapter 7 thereof)

· Personal Data Protection Act (promulgated, SG No.1/4.01.2002, last amended, SG No.15/15.02.2013) – sets forth the right of the individuals to object against processing of their personal data for the purposes of direct marketing and obliges operators of personal data to file for registration under the law in order to process personal data

Canada · Canadian Common Short Code Application Guidelines v. 3.0 (March 2015, Industry Self-Regulatory Code) · Canada’s Anti-Spam Legislation (federal legislation that creates rules for sending commercial electronic messages, including SMS)· Personal Information Protection and Electronic Documents Act (federal legislation that applies to the collection, use and disclosure of personal information in the course of commercial activity across Canada except in Alberta, British Columbia and Quebec)· Alberta Personal Information Protection Act (legislation that applies to the collection, use and disclosure of personal information in the course of commercial activity in Alberta)

· British Columbia Personal Information Protection Act (legislation that applies to the collection, use and disclosure of personal information in the course of commercial activity in British Columbia)

· Quebec Act respecting the protection of personal information in the private sector (legislation that applies to the collection, use and disclosure of personal information in the course of commercial activity in Quebec)

Chile · Chilean Consumer Protection Law (Law Nº 19.496) (e.g. Article 28B)· Article 3 of the Chilean Data Protection Law (Law Nº 19.628)
China Chapter II of Administrative Measures of Communication Short Message Services Please note that the Administrative Measures of Communication Short Message Services has yet to become effective on 30 June 2015. · Chapter III of Administrative Measures of Communication Short Message Services Please note that the Administrative Measures of Communication Short Message Services has yet to become effective on 30 June 2015.· Article 29 of Consumer Protection Law· Article 18 of Administrative Measures of Online Trading· Article 7 of Decision of the Standing Committee of the National People’s Congress on Strengthening Information Protection on Networks
Colombia · Law 527 of 1999(Electronic Messages Regulation)· Colombian Communications Regulation Commission (“CRC”):§  Resolution 3501 of 2011 (Providers of content and applications (PCA) through SMS and MMS require registration):

§  Article 13 of CRC Resolution 3501 requires (Specific codes associated to different content).

§  Paragraph of Article 22 of CRC Resolution 3501 – (Technical specifications for codes).


· Law 1581 of 2012, Decree 1377 of 2013 – (Colombian Data Protection Regulations. Applicable to use of data for marketing purposes)· Article 3 of Law 1480 of 2011, Colombian Consumer Protection Law – (rights of consumers, right to receive accurate information, and to be protected against misleading advertising)· Article 23 et seq. Law 1480(specific information obligations to the consumer)

· Article 49 et seq. of Law 1480 (additional obligations for E-commerce)

· CRC Resolution 3066 of 2011 – (Obligation of telecommunications companies to obtain prior authorization to use data for marketing / advertising purposes, complemented with Resolution 3501 of 2011)

· Article 103.1 of CRC Resolution 3066 of 2011 – (Limitations to SMS with pornographic content)

· Article 103.3 of CRC Resolution 3066(Excluded Numbers Registry to avoid commercials and marketing SMS)

· Article 103.6 of CRC Resolution 3066 – (Marketing and commercial SMS can only be sent during specific time frame.)

· Article 30 of CRC Resolution 3501 – (Previous and express information required by user before receiving SMS, in addition to the consent obtained by telecommunications providers).

· Article 32 of CRC Resolution 3501 – (Confirmation of consent from users required – second opt-in)

· Article 35 of CRC Resolution 3501(Standard consumer service procedures mandatory for content and applications providers).

· Article 36 and 37 of CRC Resolution 3501 – (Opt – out mechanism).

Czech Republic Premium text messages:· Self-regulatory Code of Conduct of Premium SMS/MMS (please cut and paste the following link in the URL bar of your browser:· Article 3a of the Czech Consumer Code

· Article 38 of the Czech Act on Electronic Communications

· Article 7 of the Czech Act on Information Society (unsolicited communications, consent for direct marketing, opt-out for current customers under certain conditions)· Czech Act on Protection of Data· Czech DPA comments on unsolicited communications
Denmark · Danish Telecommunication Act· Framework Agreement on Mobile Content and Payment Services · Danish Marketing Practices Act (in particular § 6)· Danish Data Protection Act (consolidated version from the Danish Data Protection Agency. Also available in English here)· The Danish Consumer Ombudsman’s guidance paper on unsolicited commercial communications to targeted recipients

· The Danish Consumer Ombudsman’s guidance paper on good marketing practice on the telecommunication area

· The Danish Consumer Ombudsman’s guidance paper on children, young people and marketing practice

· Framework Agreement on Mobile Content and Payment Services

· Danish Consumer Act

Egypt · Article (6) of the Egyptian Consumer Protection Law No. 67 for the year 2006 and Articles (8, 16, and 17) of the Executive Regulation of the Egyptian Consumer Protection Law issued by Ministerial Decree No. 886 for the year 2006.
Faroe Islands · Faroese Marketing Practices Act· The Faroese Consumer Ombudsman’s guidance paper on good marketing on the telecommunications area· Faroese Data Protection Act (consolidated version from the Faroese Data Protection Agency. Also available as a Word document here)
Finland · Information Society Code (917/2014) (requirements for contents of messages)· Premium Services Standards · Information Society Code (917/2014) (consent for electronic direct marketing and requirements for contents of messages)· Personal Data Act (523/1999) (processing of personal data, right to prohibit direct marketing)· Consumer Protection Act (38/1978) (consumer protection related matters)

· Guidance issued by the Data Protection Ombudsman

· Guidance issued by the Finnish Customer Marketing Association

France Premium text messages:· Self-regulatory code of conduct of SMS+· Articles L. 113-3 et seq. of the French Consumer Code · Articles L34-5 and R10 of the French Code of Post and Electronic Communications (consent for direct marketing)· Article L121-34 of the French Consumer Code (screening against Robinson list)· LCEN (article 6. III, identification of the editor)

· French Data Protection Act

· French data protection recommendations on electronic communications including SMS (January 2014)

· Self-regulatory code of conduct from the French Mobile Marketing Association (June 2009)

Germany · German Data Protection Act· German Act Against Unfair Competition (section 7)· German Telecommunication Act (in particular section 95)

· German Telemedia Act (in particular section 13)

· Common Guidance of German DPAs on the collection, processing and use of personal data for advertising purposes (September 2014)

· Robinson list (not obligatory)

· (Self-regulatory) Ethical Code of the German Dialogue Marketing Association (Der Deutsche Dialogmarketing Verband e.V. – DDV)

Greece · Article 11 of Law 3471/2006 on the Protection of personal data and privacy in the electronic communications sector (unsolicited communications- consent for direct marketing)· Articles 13 and 19 para. 4 d of Law 2472/1997 on the Protection of Individuals with regard to the processing of personal data (right to object – Robinson List)· Decision 2/2011 of the Hellenic Data Protection Authority in regards to the electronic consent of article 11 of Law 3471/2006

· Law 2251/1994 on consumers’ protection, as it is in force today

· Law 146/1914 against unfair competition

Hong Kong · Personal Data Privacy Ordinance (Part VIA on Direct Marketing – Sections 35A to 35M)· Guidance Note on Direct Marketing· Unsolicited Electronic Messages Ordinance

· Unsolicited Electronic Messages Ordinance   (Part 2 Rules about sending Commercial Electronic Messages)

· Do Not Call Register

· Code of Practice on Sending Commercial Electronic Messages

· Unsolicited Electronic Messages Regulation

· Code for the Provision of Mobile Content Services delivered through SMS/MMS (if applicable)

India See Generally, Telecom Commercial Communications Customer Preference Regulations 2010
Ireland · Communications Regulations (Premium Rate Services and Electronic Communications Infrastructure) Act 2010· Communications Regulation (Licensing of Premium Rate Services) Regulations 2012· ComReg Code of Practice for Premium Rate Services


· Regulation 13 of the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011· Regulations 8 and 9 of the European Communities (Directive 2000/31/EC) Regulations 2003· Data Protection Acts 1988 and 2003

· Guidance Note on Data Protection in the Electronic Communications Sector

· Sections 51, 53, 55 and 69 of the Consumer Protection Act 2007

Indonesia · Minister of Communication and Informatics Regulation No. 21 of 2013 on Provision of Content Provider Service on Mobile Cellular Network and Wireless Local Network with Limited Mobility · The Financial Service Regulation No.1/POJK.07/2013 on Consumer Protection (Article 19)· Government Regulation No.82 of 2012 on Provision of Electronic System and Transaction (Unofficial English Translation) (Article 44)· Minister of Communication and Informatics Regulation No. 21 of 2013 on Provision of Content Provider Service on Mobile Cellular Network and Wireless Local Network with Limited Mobility

(Article 21)

Italy · AGCOM Decision 42/13/CIR as amended by AGCOM Decision 131/14/CIR (rules for Calling Line Identification in the Enterprises Messaging Service (December 2014) )· Regulation on “Premium Services” – Ministerial Decree No. 145/2006 – Articles 15, 19, 24 (Regulation of “Premium Services”). · Articles 25, 27, 41 of Italian Electronic Communications Code· Article 130 of the Italian Data Protection Code, D.Lgs. 196/2003 (requirements to send out unsolicited electronic marketing communications, including SMS)· Guidelines by the Italian DPA on Marketing and against Spam (detailed explanation of the rules applicable to e-marketing. An additional guidance available for consumers has been published on April 20th 2015)

· Decision by the Italian DPA No. 2543820 (processing of personal data for direct marketing purposes)

· Article 20 et seq. of the Italian Consumer Code

Japan · Articles 12-3 of the Act on Specified Commercial Transactions (English)· Opt-in regulations under the Act on Specified Commercial Transactions (Japanese)· The Act on Regulation of Transmission of Specified Electronic Mail (English)

· The Guidelines for Transmission of Specified Electronic Mail (Japanese)

· The Act on the Protection of Personal Information (English)

Kenya · Procedures and Guidelines for the management of Telecommunications Short Codes and Premium Rate numbers in Kenya, Guideline 13 (advertising and promotions) · The Kenya Information And Communications (Consumer Protection) Regulations, 2010 (unsolicited communications, consents, opt-in)· Self-regulatory Code of Advertising Practice (direct marketing)· Guidelines for the Prevention of Transmission of Undesirable Bulk Political Content/Messages via Electronic Communications Network, 2012 (vetting of bulk political messages by mobile network operator, timings of transmission, opt in and consent)
Malaysia · Numbering & Electronic Addressing Plan· Malaysian Communications & Multimedia Commission – Mobile Content Services · General Consumer Code of Practice for the Communications and Multimedia Industry Malaysia· Personal Data Protection Act 2010· Guide in Dealing with Direct Marketing under Personal Data Protection Act (PDPA) 2010

· Malaysia Code of Advertising Practice

· Electronic Commerce Act 2006

· Consumer Protection Act 1999

Mexico · The Federal Law on Protection of Personal Data held by Private Parties (processing of personal data for marketing purposes).· Regulations of the Federal Law on Protection of Personal Data held by Private Parties (processing of personal data for marketing purposes).· Guidelines by the Mexican DPA on the processing of personal data in debt collection activities (not mandatory; guidance for debt collectors).

· The Federal Law on Consumer Protection (direct marketing, do not call lists).

· Regulations of the Federal Law on Consumer Protection (direct marketing, in particular sections I and III).

· Commerce Code (particularly second Title, section I).

· Law of Protection and Defence of Users of Financial Services (article 8°; do not call list that only applies to Financial Institutions).

Morocco · Law No. 24-96 on the Post and Telecommunications (Art. 17) refers to Decree No. 2-97-1024 establishing the list of value-added services which refers to ITU recommendations X-400 and X-500. · Law No. 24-96 on the Post and Telecommunications· Decree No. 2-97-1024 establishing the list of value-added services· Law No. 31-08 to enact consumer protection measures

· Law No. 09-08 on the protection of individuals with regards to the data processing personal data

· Law No. 53-05 on the electronic exchange of legal data

Netherlands (The) · Article 11.7 of the Dutch Telecommunications Act (implementation directive 2002/58/EC, unsolicited communications)· Dutch Data protection act· Information on unsolicited advertisement and direct marketing (Dutch data protection authority CBP)

· Rules for senders of e-mails and FAQ (Dutch regulator ACM)

· Advertising Code for text messages services (Advertisement Code Committee).

New Zealand · The Telecommunications Carriers Forum Mobile Messaging Code (note: the Code is not mandatory.  However, under the Telecommunications Act, the Telecommunications Commissioner has the power to designate or specify telecommunications services if, for example, industry self-regulation is not effective). · Unsolicited Electronic Messages Act 2007· Fair Trading Act 1986· Privacy Act 1993 and the Telecommunications Information Privacy Code

· The Telecommunications Carriers Forum Mobile Messaging Code

· Advertising Standards Authority Codes of Advertising Practice

· Best practice (non-mandatory) guidelines can be found via the New Zealand Marketing Association (see in particular here and here)

Nigeria · The Nigerian Communications Act 2003 (NCA) provides a regulatory framework for the Nigerian communications industry.· Guidelines on Short Code Operation (Guidelines) in Nigeria made pursuant to the NCA prescribe a standard of practice for providers of shorty code services.· Section 5.4 of the Guidelines states that no content service should be promoted as being “free” if it is obtainable only by the use of premium rate service involving a charge to the customer.

· Section 5.5 of the Guidelines requires text message sent to short codes and received by consumers to be stored by the network operators and service providers for a period of six months or any period determined to be reasonable by the service provider, but not less than six months.

· Guidelines on Short Code Operation in Nigeria – Section 6 requires, for all advertising promotional materials, service help messages to clearly display the consumers right to “opt in” or “opt out” of any promotion, programme or service, whether subscription based or otherwise.
Norway · The Marketing Control Act of 9 January 2009 no.2 section 12 (right to opt out of marketing by telephone), section 13 (effects of opt-out), section 14 (prohibition on telephone marketing at certain times), section 15 (restrictions on the use of certain methods of communication, such as sms) and section 16 (requirement of disclosure in connection with unsolicited marketing by telephone).· The Consumer Ombudsman’s Guidelines on Regulations for Marketing by E-mail, SMS etc (MCA § 15)· The Electronic Commerce Act of 23 May 2003 no. 35 section 9 – the service provider’s duty to provide information in connection with electronic marketing.

· The Personal Data Act of 14 April 2000 no. 31

Pakistan · PTA anti-spam regulation
Philippines · Rules and Regulations on Broadcast Messaging Service · Rules and Regulations on Broadcast Messaging Service· Consumer Protection Guidelines· Data Privacy Act of 2012

· Consumer Act and its Implementing Rules and Regulations

Poland · Polish Data Protection Act· Polish Telecommunication Act (in particular Article 172 and 173)· Act on Providing Services by Electronic Means (in particular Article 10)

· Article 9 point 3 of the Act on Combating Unfair Market Practice

· Q&As relating to personal data processing for marketing purposes available of the Polish Data Protection Authority website (GIODO) and GIODO’s expiations regarding marketing rules

· Some guidelines may be found on the website of Polish Marketing Association (SMB) (available in English). Even though the aforementioned association exists, it is not widely recognized.

Romania · Code of conduct for using national short internal numbers and short codes SMS/MMS for providing value added services – – adopted by ANCOM (i.e., the telecommunications regulator in Romania) through Decision no. 1131/2014;· ANCOM Decision no. 377/2013 regarding the use of national short internal numbers and short codes SMS/MMS · Art. 55 (6) of the 2015 Norm for evaluating and approving advertising for medical products for human use (prohibiting advertising by SMS for medical products for human use) – – adopted by the Ministry of Health through Order no. 194/2015;· Law 365/2002 (especially Article 6);· Article 7 from the Government Decision no. 1308/2002 for the approval of the Methodological Norms for the application of the Law 365/2002 (”Methodological Norms”);

· Law no. 363/2007 on combating unfair practices of traders in relations with consumers and harmonization of regulations with European legislation on consumer protection, (”Law 363/2007”)

· Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data

· Art. 12 of Law 506/2004

· Emergency Government Ordinance no. 111/2011 on electronic communications

· Law no. 365/2002 on electronic commerce, as republished (”Law 365/2002”)

· Art. 3-11 of Law no. 506/2004 concerning the processing of personal data and the protection of privacy in the electronic communications sector (“Law 506/2004”)

· Ombudsman Order no. 52/2002 on the Minimum security requirements for the processing of personal data

Russia · Federal Law On communications No 126-FZ dated 7 July 2003 (in particular Articles 2, 44, 54 and 68)· Code on Administrative Wrongdoings No 195-FZ dated 30 December 2001 (in particular Article 14.8) · Federal Law On Personal Data No 152-FZ dated 27 July 2006· Federal Law On communications No 126-FZ dated 7 July 2003 (in particular Articles 2, 44.1, 45 and 46)· Letter of Federal Antimonopoly Service No AK/49919/14 dated 5 December 2014 On application of the new provisions of the law on communications in order to evaluate legitimacy of the advertising dissemination

· Letter of Ministry of Communications and Mass Media of the Russian Federation No DA-P12-17623 dated 29 September 2014 On questions of applying Federal Law dated 21 July 2014 No 272-FZ “On amending Federal Law On communications

· Federal Law On consumer credit (loan) No 353-FZ dated 21 December 2013 ((in particular Article 15 (part 3, sub clause 2)

· Federal Law On advertising No 38-FZ dated 13 March 2006 (in particular Article 18, 38)

· Code on Administrative Wrongdoings No 195-FZ dated 30 December 2001 (in particular Article 14.3)

Saudi Arabia · Regulation for Reduction of SPAM (CITC decision no. 259/1431 dated 12/4/1431 H).· Articles 18 and 37 (para 11) of Telecommunications Act issued under the Council of Ministers resolution No. (74), dated 05/03/1422H (corresponding to 27/05/2001) and it was approved pursuant to the Royal Decree No. (M/12), dated 12/03/1422H (corresponding to 03/06/2001)· Article 58 of the Telecommunications Bylaws issued by the Ministerial resolution No. (11) dated 17/5/1423H (corresponding to 27/7/2002)

· Un-subscription to SMS Services

· Electronic Crime Act

· Special Terms and Conditions of Type (B) Class License for Bulk SMS Services


Singapore · Personal Data Protection Act (in particular, sections 36-48 on the Do Not Call Registry and the Eighth Schedule on Exclusion from meaning of “Specified Message”)· Personal Data Protection (Exemption from section 43) Order 2013· Advisory Guidelines on Key Concepts in the PDPA: Part V: The Do Not Call Provisions

· Advisory Guidelines on the Do Not Call Provisions

· Advisory Guidelines on Requiring Consent for Marketing Purposes

· Personal Data Protection (Do Not Call Registry) Regulations 2013

· Spam Control Act (in particular, the Second Schedule: Requirements for Unsolicited Commercial Electronic Messages)

South Africa · Sections 11 and 12 of the Consumer Protection Act 68 of 2008· Consumer Protection Act Regulations, in particularo   Regulation 4; and

o   Notice: Prohibited Times for Contacting Consumers.

· Direct Marketing Association of Southern Africa (voluntary association): Code of Conduct and Do Not Contact List available to DMASA members

· Section 45 of the Electronic Communications and Transactions Act 25 of 2002

o   Provisions regarding direct marketing to be replaced by the Protection of Personal Information Act 4 of 2013, in particular section 69 (to come into force on a date to be determined by the President).

Spain · Articles 19-22 Law 34/2002 on Information Society and Electronic Commerce Services· Art. 96 Law on the Protection of the Consumers and Users· The entire Data Protection Act and the Regulation and especially:

o   Articles 25-32 of the Spanish Data Protection Act

o   Articles 55-60 of the Regulation on the Data Protection Act

· Spanish Data Protection Agency recommendations on SMS with commercial and publicity purposes (November 2008)

· Article 48 General Law 9/2014 on Telecommunications

· Art. 31 Royal Decree 425/2005 on the electronic communications services’ users’ rights

Sweden Premium rate services:· Swedish Electronic and Communications Act (inter alia chapter 5, section 7a)· Swedish Payment Services Act

· (Self-regulatory) Code of conduct from the industry body MORGAN

· (Self-regulatory) Ethical Rules for Premium Rate Call Services from the Ethical Council for Premium Rate Call Services

· Swedish Personal Data Act (inter alia section 11)· Swedish Marketing Act (inter alia sections 19–21)· (Self-regulatory) Code of conduct for direct marketing from the Swedish Direct Marketing Association (Sw. Regler för användning av personuppgifter m.m. vid direkt marknadsföring för försäljnings-, insamlings-, medlemsvärvningsändamål och liknande)

· (Self-regulatory) Code of ethics for mobile marketing from the Swedish Direct Marketing Association (Sw. Etiska regler för mobil marknadsföring)

Switzerland · Protection Against Unfair Competition Act (inter alia Art. 3 (1) (o) and 3 (1) (u), Art. 17 and 18)· Data Protection Act· Telecommunications Act (inter alia Art. 45a)

· Price Indication Ordinance (in particular Art. 10 et seq. Chapters 4 and 5)

· (Self-regulatory, not necessarily binding) Règles sur loyauté dans la communication commercial / Grundsätze über die Lauterkeit in der kommerziellen Kommunikation (rules on the integrity of commercial communication) from the industry body Commission Suisse pour la Loyauté / Schweizerische Lauterkeitskommission.

· (Self-regulatory, not necessarily binding) Ehrenkodex (deontological code) from the industry body Schweizer Dialogmarketing Verband

Thailand · § 4, The Constitution of the Kingdom of Thailand (Interim) B.E. 2557 (2014)· § 420, Tile V, Wrongful Acts, Chapter I, Liability for Wrongful Acts, the Civil and Commercial Code· § 24, Official Information Act B.E. 2540 (1997)

· § 31 of the Act on Organization to Assign Radio Frequency and to Regulate the Broadcasting and Telecommunications Services B.E. 2553 (2010)

· The Notification of the National Telecommunications Commission Re: Measures for Protecting Rights of Telecommunication Users Regarding Personal Information, Rights in Privacy and Freedom in Communication via Telecommunication Means

· The Notification of Electronic Transactions Commission Re: Policies and Practices for the Protection of Personal Data by Government Agencies B.E. 2553 (2010)

Turkey · The Law on Regulating Electronic Commerce· Art. 6: The rules for sending commercial electronic messages· Art. 7: The mandatory contents of the commercial electronic message

· Art. 8: Opt-out

· Art. 9: Obligation of intermediary service providers

· Regulation on Commercial Communication and Commercial Electronic Message

· Draft Law on The Protection of Personal Data

Ukraine · Resolution on State Regulation of Number Resource of Telecommunication Network of General Use (regarding Premium Rate Services)· Licensing requirements to rendering selected telecommunication services · Ukrainian Advertising Act (in particular Article 15 regarding advertising of services that are rendered via electronic means of communication and Sections 1 and 2 regarding general requirements to advertising)· Ukrainian Consumers Rights Protection Act (in particular Articles 13 and 19)· Ukrainian Personal Data Protection Act

· Ukrainian Telecommunication Act (Article 34)

· Civil Code of Ukraine (Article 641)

· Protection against Unfair Competition Act (Article 15-1)

· Rendering and Consuming Telecommunication Services Regulation

· Basic Requirements to Agreement on Rendering Telecommunication Services

· The Direct Marketing Association’s Code of Mobile Marketing and Procedure of Investigation of Violations and Means of Influence on Violators (apply to members of the Association only)

UK Premium rate services:· General Conditions of Entitlement (applies generally to electronic communications services, see in particular GCE 14 re ‘Premium Rate Services’)· PhonePayPlus Code of Practice

· PhonePayPlus Guidance

· The Data Protection Act 1998· The Privacy and Electronic Communications Regulations 2003· Information Commissioner’s Guide to Privacy and Electronic Communications Regulations and Direct Marketing

· The UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing and its supplemental code on Mobile Marketing

· The Direct Marketing Association (DMA) Code of Practice

· The Mobile Marketing Association Code of Conduct

· U.S. Consumer Best Practices for Messaging from the Mobile Marketing Association (2012)· Direct Marketing Association’s Guidelines for Ethical Business Practice (2014)· CTIA Common Short Code (CSC) Guidelines (voluntary codes of conduct) · 47 U.S.C. § 227 (Telephone Consumer Protection Act of 1991)· TCPA Omnibus Declaratory Ruling and Order· 16 C.F.R. Part 310 (Telemarketing Sales Rule, Do-Not-Call Rule)

· 47 C.F.R. § 64.1200 (Restrictions on Telemarketing, Telephone Solicitation, and Facsimile Advertising)


Ariz. Rev. Stat. Ann. §§ 13-2919, 44-1271 et seq. (restrictions on unsolicited messages, autodialing, registration)
Ark. Code Ann. §§ 4-99-101 et seq. (registration), 4-99-403 et seq. (telephone privacy), 4-99-301 (caller ID), 29-30-178 (Do-Not-Call)
Cal. Bus & Prof. Code §§ 17592 (telephone solicitations, Do-Not-Call), 17511.3 (registration)
Conn. Gen. Stat. §§ 42-284 et seq. (telemarketing, Do-Not-Call, calling hours)
Del. Code Ann. tit. 6 §§ 2501A (telemarketing laws apply to all telephonic means), 2503A (registration)
Fla. Stat. §§ 501.059 (telephone solicitation, Do-Not-Call, autodialing), 501.605, 501.607 (registration), 501.616 (calling hours)
Ga. Code. Ann. § 46-5-23 (autodialing)
Haw. Rev. Stat. §§ 481P-1 et seq. (Do-Not-Call, calling hours)
Idaho Code Ann. §§ 48-1001 et seq. (telephone solicitation, Do-Not-Call, autodialing, registration)
Ind. Code §§ 24-4.7-4-1 et seq. (Do-Not-Call), 24-5-12 et seq. (telephone solicitation)
Iowa Code § 708.7 (sending text messages without a legitimate purpose is harassment)
La. Rev. Stat. Ann. §§ 45:844.8 (wireless telephonic solicitations), 45:844.14, 45:813, 45:823 (registration)
Me. Rev. Stat. tit. 10 §§ 1498 et seq. (autodialing, calling hours, telephone sales); tit. 32 § 14702 (registration)
Mass. Gen. Laws ch. 159C (Do-Not-Call, telephone solicitation, calling hours)
Mo. Rev. Stat. §§ 407.1098 et seq. (Do-Not-Call), 407.1104 (Caller ID), 407.1076 (calling hours)
New Hampshire
N.H. Rev. Stat. Ann. §§ 359-E:7 et seq. (Do-Not-Call)
New Jersey
N.J. Stat. Ann. §§ 56:8-120 et seq. (telemarketing, calling hours); 56:8-130 (mobile-specific restriction)
North Dakota
N.D. Cent. Code §§ 51-28-01 et seq. (telephone solicitation, calling hours, caller ID)
Ohio Rev. Code Ann. §§ 4719.01 et seq. (telephone solicitors, registration, caller ID), 109.87(B) (calling hours)
Okla. Stat. tit. 15, §§ 775A-1 et seq. (telephone solicitation, registration, caller ID), 775B-1 et seq. (telemarketing, Do-Not-Call)
Or. Rev. Stat. §§ 646.561 et seq. (Do-Not-Call), 646.553 (registration)
  73 Pa. Stat. Ann. §§ 2241 et seq. (telemarketing, Do-Not-Call)
Rhode Island
  R.I. Gen. Laws §§ 5-61-1 et seq. (telephone solicitation, registration, Do-Not-Call, calling hours)
South Dakota
  S.D. Codified Laws §§ 37-30-1 et seq. (telephone solicitation, registration, calling hours); 37-30A-1 et seq. (telemarketing, calling hours)
  Tex. Bus. & Com. Code Ann. §§ 304.001 et seq. (Do-Not-Call), 302.101 (registration)
  Utah Code Ann.   §§ 13-25a-101 et seq. (telephone solicitation, Do-Not-Call, calling hours), 13-26-3 (registration)
  Va. Code Ann. §§ 59.1-510 et seq. (telemarketing, calling hours, caller ID)
West Virginia
  W. Va. Code §§ 46A-6F-101 et seq. (telemarketing, registration), 46A-6F-601 (calling hours)
  Wis. Stat. §§ 100.52 et seq. (telephone solicitations, registration, Do-Not-Call)
  Wyo. Stat. ann. §§ 40-12-301 et seq. (telephone solicitations, calling hours)