These Ketentuan Khusus Produk apply to you if you signed up for MessageBird’s Services (including through any of its Affiliates) on or after 3 May 2023 and before 1 February 2024 (1pm CET).  For any MessageBird Services you signed up for before 3 May 2023, archived Terms and Conditions are available here. For our current Terms and Conditions, see here.

Product Specific Terms

Product Specific Terms

The Product Specific Terms below govern your use of the Services. Capitalized terms used in these Product Specific Terms but not defined below are defined in the MessageBird Syarat dan Ketentuan Umum or other agreement with us governing your use of the Services. We introduce new products regularly. If a product is not specified in these Product Specific Terms, we provide that product on the basis of the Syarat dan Ketentuan Umum.

  1. SMS


1.1. Layanan SMS. This Section 1 applies ke use of Short Messaging Service (“SMS”) as a standalone channel or as an integrated or associated part of other products provided by us or our Affiliates (“Layanan SMS”).


1.2. Prinsip-prinsip Dasar. In order to promote successful transmission of legitimate SMS unhindered by filtering or other blockers, you should cooperate with us to prevent and eliminate unsolicited  SMS and any spam. For this purpose, you agree to obtain the required level of consent from each recipient before you initiate any SMS, and you further agree to comply with applicable laws and communications industry and telecommunications carrier standards.


1.3. Persetujuan dan SMS yang Tidak Diminta (termasuk SPAM). Without limiting or affecting Bagian 1.2 (Prinsip Dasar), you agree to comply with consent obligations according to applicable laws, including (i) getting opt-in or another valid form of consent from each message recipient before initiating any communication to them, particularly for marketing or other non-essential communications; (ii) in case of SMS campaigns, supporting opt-out messages in the message recipient’s local language; (iii) complying with country specific obligations applicable to SMS mass marketing and bulk messaging; (iv) not contacting message recipients on do-not-call or do-not-disturb registries; (v) keeping and maintaining a record of consent for accountability purposes; and (vi) providing proof that you have obtained valid consent from the message recipient. 

 

1.4. Tanggung Jawab atas Penggunaan Layanan oleh Pelanggan Anda. If you provide your own end-users or clients with the ability to send SMS through us, you are responsible for the SMS activity of these users. You must ensure that any SMS activity initiated by your users complies with Perjanjian  and policies, and applicable laws, regulations, and industry standards, including telecommunications providers’ policies. Without limiting or affecting the foregoing, you are responsible for compliance with all obligations that apply ke use of the SMS Service based on applicable laws, which may include the jurisdiction in which the message recipient is located, the sender of the message is registered, or any other nexus that triggers the application of any domestic laws.



1.5. Konten yang Dilarang. You should not, directly or indirectly, initiate any SMS content that is illegal, harmful, unwanted, inappropriate, objectionable, or otherwise poses a threat to the public, even if the content is permissible by law. Other prohibited uses include: (i) content that is prohibited by applicable law in the jurisdiction where the message recipient lives; (ii) hate speech, harassment, exploitative, abusive, or any communications that originate from a hate group; (iii) fraudulent, criminal, and/or misleading content; (iv) malicious content, such as malware or viruses; (v) content that violates telecommunication carrier standards; and (vi) any content that is designed to intentionally evade filters. Engaging in activities or transmitting through the Services any information that is libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age is prohibited. 



1.6. Batasan Usia dan Geografis. If you are sending SMS in any way related to alcohol, gambling, tobacco, firearms, or other adult content, in addition to obtaining consent from every message recipient, you must ensure that no message recipient is below the legal age of consent based on where the message recipient is located. You also must (i) ensure that the SMS content complies with all applicable laws and regulations of the jurisdiction in which the message recipient is located or applicable communications industry guidelines or standards; (ii) communicate during the message recipient’s daytime hours only unless it is urgent; and (iii) be able to provide proof that you have in place measures to ensure compliance with these restrictions.



1.7. Tidak Ada Penghindaran. You should not use our platform to circumvent our  or a telecommunications provider’s spam or unsolicited SMS detection and prevention mechanisms. 



1.8. Menyalahartikan Identitas Anda (Spoofing). You will not misrepresent yourself when sending messages over our Services. Spoofing the Sender ID, or otherwise attempting to send misleading messages to end-users in respect to your true nature, is never allowed.


1.9. Terlibat dalam Penipuan. You will not participate or assist in any way in fraudulent or criminal activities, directly or indirectly. If you suspect, know, or should reasonably know or be aware of fraudulent or criminal activities you will immediately cease the use of our SMS Service and notify us. Collecting confidential information by requesting responses via messages without prior contact and/ or consent is not allowed. We do not support or accept fraudulent or criminal activities. We will make sure to investigate and take the appropriate steps to stop such behavior without undue delay, including notification of the relevant authorities. 



1.10. Pelanggaran terhadap Ketentuan Khusus Produk untuk Layanan SMS ini. Violations of these provisions may result in deactivation of your Services and third party liability. You agree to our right to request opt-in proof, together with other relevant information such as the general purpose of your campaign(s) and a sample message. If you fail to provide evidence of confirmation that  your recipients  have opted-in for receiving these messages within twenty-four (24) hours from the time of our request, we reserve the right to suspend or deactivate your account. We may also suspend your account in case of complaints from any third-party and/or recipient/end user or in any case when your behavior is reasonably believed to violate Perjanjian, including these Product Specific Terms. You are and will remain solely responsible for all usage of our Services and for all risks, expenses and liabilities arising from or relating to fraudulent, criminal or illegal usage of the Services by you, your users, your customers and/or your end users, or any other person or entity directly or indirectly making use of the SMS Service. 

 

1.11 Pengisian daya. We will charge you for each SMS that has been initiated by you and processed by our platform in accordance with Perjanjian, regardless of actual receipt of such SMS by the recipient.

  1. Voice


2.1. Layanan Suara. This Section 2 applies to the use of Voice services as a standalone channel or as an integrated or associated part of other products provided by us or our Affiliates (“Layanan Suara”).

2.2. Penggunaan yang Diizinkan. You should ensure that our Voice Services will be used in accordance with all applicable laws and regulations, including access to emergency services and cooperation with law enforcement agency requests. It is your responsibility to, for example, (i) adhere to the local laws and regulations regarding do-not-call or do-not-disturb registries; (ii) refrain from transmitting inaccurate calling number information with the intent to defraud, cause harm, or wrongfully obtain something of value; (iii) collect prior express written consent, or other consent required by applicable law, before making unsolicited calls; and (iv) comply with call timing restrictions.


2.3. Kerja Sama Melawan Panggilan Telepon Ilegal. You will cooperate with us as necessary, to determine the origin of a voice call that is suspected of being an illegal robocall by identifying (a) the upstream voice service provider from which such voice call entered our or your network; or (b) your own customer or end user, as applicable, if such voice call originated from within our  or your network.



2.4. Merekam Panggilan tanpa Persetujuan. You will respect consumer and data protection at all times. Before you record your calls, you should notify and obtain the necessary authorization from your end-users and comply with all other information, notification, retention, access and other applicable requirements if required by applicable laws.



2.5. Persyaratan Penggunaan Minimum dan Durasi Panggilan. You should not have a high volume of unanswered phone calls or phone calls that are too short in duration, as defined in the applicable laws and regulations.



2.6. Layanan Darurat. You shall not use our Services to offer any Layanan Darurat. “Emergency Services” means services that allow a user to connect with emergency personnel or Public Safety Answering Points (PSAP), such as 911/112/999/995, 999/112, or E911 services. 



2.7. Terlibat dalam Penipuan. You will not participate or assist in any way in fraudulent or criminal activities, directly or indirectly. If you suspect, know, or should reasonably know or be aware of fraudulent or criminal activities you will immediately cease the use of our Voice Service and notify us. Collecting confidential information by requesting responses via Voice service without prior contact and/ or consent is not allowed. We do not support or accept fraudulent or criminal activities. We investigate and take the appropriate steps to stop such behavior and reserve our right to notify the relevant authorities of any suspected fraudulent or criminal activities. 


2.8. Pelanggaran terhadap Ketentuan Khusus Produk untuk Layanan Suara ini. Violations of these provisions may result in deactivation of your Services and third party liability. You agree to our right to request opt-in proof, together with other relevant information such as the general purpose of your campaign(s) and a sample. If you fail to provide evidence of confirmation that your recipients have opted-in for receiving this Voice Service within twenty-four (24) hours from the time of our request, we reserve the right to suspend or deactivate your account. We may also suspend your account in case of complaints from any third-party and/or recipient/end user or in any case when your behavior is reasonably believed to violate our Agreement, including these Product Specific Terms. You are and will remain solely responsible for all usage of our Services and all risks, expenses and liabilities arising from or relating to fraudulent or criminal usage of the Services by you, your users, your customers and/or your end users, or any other person or entity directly or indirectly making use of the Voice Service through your account.

3. Jumlah


3.1. Layanan Nomor. This Section 3 applies to the use of telephone numbers, alphanumeric numbers, and short-codes as a standalone service or as an integrated  or associated part of other products provided by us or our Affiliates (“Layanan Nomor”).


3.2. Identifikasi dan Pengungkapan Penggunaan. You will provide us with correct and accurate information, such as about the intended use and the identity of the actual user of the numbers that we may request from you at any point in time.


3.3. Tanpa Kepemilikan. You acknowledge and agree that the use of our Numbers Service does not grant you any ownership or other rights to telephone numbers other than the limited, revocable use rights expressly set out in the Agreement.

3.4. Pemutusan Nomor Tanpa Pemberitahuan. You do not have the right to use telephone numbers indefinitely and such numbers can be disconnected at any time, without notice, in the following cases: (i) non-compliance with legal, regulatory, self-regulatory, governmental, statutory, or telecommunication network operator’s requirements or codes of practice for the use of such numbers; and (ii) numbers used by suspended, terminated, and trial accounts.


3.5. Pemutusan Nomor dengan Pemberitahuan. You acknowledge and agree that telephone numbers provided by us or our Affiliates may be reclaimed by us, our Affiliates or the applicable supplier, including in situations where you do not send sufficient traffic over that telephone number such that the telephone number is unutilized or underutilized, as defined by any local, federal, and/or national regulatory agency and/or governmental organization with oversight over the relevant telephone number and numbering plan; or in situations where you do not send any calls to the telephone number for three (3) consecutive months, whichever is sooner. Except for cases set out in Bagian 3.4 (Pemutusan Nomor Tanpa Pemberitahuan) above, we will use our best efforts to provide at least seven (7) days advance notice of reclamation via email, except where we are prevented from doing so by applicable law, the competent regulatory agency or governmental organization, or the relevant supplier. For clarity, the disconnection or reclamation of a telephone number does not grant you the right to terminate the Agreement or any Order Form or to suspend any of your obligations under the Agreement.


3.6. Penetapan Nomor, Porting. You may not transfer or assign a telephone number unless explicitly agreed by us in writing.


3.7. Titik Buntu. You shall not forward from a virtual number provided by us to a dead endpoint (e.g. if you forward from a virtual number, you must make a reasonable attempt to receive or answer the message, as applicable).


3.8. Pelanggaran terhadap Ketentuan Khusus Produk untuk Layanan Numbers ini. Violations of these provisions may result in deactivation of your Services and third party liability. We may suspend your account in case of complaints from any third-party and/or recipient/end user or in any case when your behavior is reasonably believed to violate the Agreement, including these Product Specific Terms. You are and will remain solely responsible for all usage of our Services and you will be solely responsible for all risks, expenses and liabilities arising from or relating to fraudulent or criminal usage of the Services by you, your users, your customers and/or your end users, or any other person or entity directly or indirectly making use of the Numbers Service.

4. Email


4.1 Layanan Email. This Section 4 applies to the Layanan Email as a standalone service or as an integrated or associated part of other products provided by us or our Affiliates. “Email Services” means each of the following, either collectively or individually, Pemula Email MessageBird, MessageBird Email Premier, MessageBird Email Premium, MessageBird Email Enterprise, Signals, Deliverability Analytics and Penerima Validation. As the context so requires, references to these named Services shall, in respect of equivalent services provided by us or our Affiliates to you prior to the date of this Agreement (irrespective of how any of these services are named on an applicable Order Form), be deemed to include a reference to the equivalent predecessor named service provided by us.


4.2 Kebijakan Pengiriman Pesan. Customer’s access to and use of our Email Services is subject to the following requirements. We may, in our sole discretion, take any action we deem appropriate regarding Customer’s access to the Email Services, including immediate suspension or termination of Customer’s account without notice: 


  1. Panduan Pengiriman Email.

    a. Use only permission-based marketing email lists (i.e., lists in which each recipient has granted permission to receive email from Customer by affirmatively opting-in).

    b. Selalu sertakan mekanisme "berhenti berlangganan" yang berfungsi di setiap email pemasaran yang memungkinkan penerima untuk memilih keluar dari milis pemasaran Pelanggan (pesan transaksional yang dikecualikan dari persyaratan "berhenti berlangganan" menurut hukum yang berlaku dikecualikan dari persyaratan ini).

    c. Mematuhi semua permintaan dari penerima untuk dihapus dari daftar mailing list Pelanggan dalam waktu sepuluh (10) hari sejak diterimanya permintaan tersebut atau tenggat waktu yang sesuai menurut hukum yang berlaku.

    d. Memelihara, mempublikasikan, dan mematuhi kebijakan privasi yang memenuhi semua persyaratan hukum yang berlaku dan menyertakan tautan ke kebijakan privasi yang berlaku untuk email tersebut di setiap email jika diwajibkan oleh hukum yang berlaku.

    e. Include a valid physical mailing address applicable to the email or a link to that information.

    f. Do not disguise the origin, or subject matter of, any email or falsify or manipulate the originating message address, subject line, header, or transmission path information for any email.

    g. Do not send to: (a) email addresses obtained from purchased or rented email lists; (b) email addresses programmatically generated or scraped from the Internet; or (c) role-based or non-specific addresses (e.g., webmaster@domain.com or info@domain.com) on a routine basis.

    h. Do not send emails that result in an unacceptable number of spam or similar complaints (even if the email themselves are not actually spam) or employ sending practices that negatively impact the Email Service or other customers of the Email Service.

    i. Do not use the Email Services to send unsolicited bulk email or otherwise considered junk email.  Some examples of such emails include affiliate marketing, lead generation, penny stocks, credit repair, illegal gambling, multi-level marketing, pyramid schemes, prostitution, direct to consumer pharmaceutical sales, payday loans, and chain letters.

  1. Konten Terbatas.  Customer will not submit to the Email Services or use the Email Services to collect, store, or process: (a) social security numbers, passport numbers, military numbers, voter numbers, driver’s license numbers, taxpayer numbers, or other government identification numbers; (b) Protected Health Information (as defined by HIPAA), or similar information under other comparable laws or regulations; (c) financial account numbers (including credit or debit card numbers, primary account numbers, bank account numbers, related security codes or passwords, or similar information; or (d) “special classes of data” (as defined by GDPR) of EU residents, or similar information under other comparable laws or regulations.

  2. Anti-pelecehan.  Customer will not use the Email Services to: (a) store, distribute or transmit any malware or other material that Customer know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive; or (b) promote, commit, aid, or abet any behavior, which Customer knows, or has reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive.  Some examples of the foregoing may include emails that promote racism, homophobia, or other hate speech.

  3. Kepatuhan terhadap Hukum.  Customer’s use of the Email Services must comply with all applicable laws, rules, regulations, ordinances, and court orders of any kind of any jurisdiction applicable to Customer, us, and to any recipient. It is the Customer's responsibility to be aware of and understand all applicable laws and ensure that Customer and its users of the account comply at all times with applicable law. Some examples of applicable laws include US CAN-SPAM Act, Canada Anti-Spam Law (CASL), EU General Data Protection Regulation (GDPR), member state implementations of the EU ePrivasi Directive,  Australian Privasi Act and Spam Act, UK General Data Protection Regulation, and other laws relating to data protection, privacy, intellectual property, security, terrorism, corruption, child protection, and import/export laws.


4.3 Data Pelanggan. For the Email Service, you hereby grant us a worldwide, non-exclusive, non-transferable (except pursuant to a permitted assignment under the Agreement), royalty-free, perpetual, irrevocable license to use, copy, store, modify, create derivative works of, and otherwise process certain Data Pelanggan, specifically the email addresses of a person receiving an electronic message sent by Customer through the Email Service; provided that for each person receiving an email (each, a “Recipient”): (i) Customer is not identified as the source of such data; (ii) the email address is pseudonymized; (iii) the email address is not EEA Personal Data; (iv) the email address is not disclosed to any other customer; and (v) we do not use the email address to send any of our own emails to the Recipient. Customer has all rights, permissions, and/or consents necessary to grant us the rights in the Customer Data as provided in this Agreement. 


4.4 Data Analisis. Subject to the limitations in this Section, for the Email Services, we and our  Affiliates may: (a) collect, extract, compile, synthesize, analyze, attribute, store, and otherwise use data resulting from Customer’s use and operation of the Email Service (“Data Penggunaan”) including routing data (e.g., server hostnames, server IP addresses, and timestamps), delivery data (e.g., whether, when, where, and how an Email was sent or delivered), engagement data (e.g., whether, when, where, and how an Email was opened or clicked), and message data (e.g., message type, tone, length, and presentation); and (b) aggregate or compile Usage Data with other data, including data obtained via third parties and the usage data of our other customers (“Data Agregat”). Usage Data and/or Aggregate Data: (i) will not include any identifiers of Customer as a source of such data; and (ii) will only be used by us and our Affiliates to: (1) provide aggregate research statistics and insights (e.g., publishing average email open rates by city, benchmarking by industry vertical, and analyzing industry trends); (2) optimize delivery, engagement, and conversion of your and other customers’ email campaigns (e.g., send time optimization, recipient validation, predictive filtering based on a recipient’s propensity to engage, convert, and/or complain, and content selection optimization); and (3) for our own lawful business purposes including operational support and planning, research and development, and additional product functionality. Notwithstanding the foregoing, you should notify and obtain the necessary authorization from your end-users and comply with all information, notification, retention, access and other applicable requirements if required by applicable laws. We assume no responsibility when Customer fails to do so.


4.5 Kebijakan Keamanan. We will maintain a written and comprehensive information security program, which includes appropriate physical, technical, and administrative controls to protect the security, integrity, confidentiality, and availability of Customer Data including protecting Customer Data against any unauthorized or unlawful acquisition, access, use, disclosure, or destruction, a summary of which is available at Ikhtisar Keamanan MessageBird.


4.6 Layanan Pemula Email MessageBird. If you purchase MessageBird Email Starter Services, we will provide such services in accordance with the current services description available at MessageBird Email Starter


4.7 Layanan Utama Email MessageBird. If you purchase MessageBird Email Premier Services, we will provide such services in accordance with the current services description available at MessageBird Email Premier


4.8 Layanan Premium Email MessageBird. If you purchase MessageBird Email Premium Services, we will provide such services in accordance with the current services description available at Dukungan Premium Email MessageBird. Any updates or modifications to the MessageBird Email Premium Dukung description will not materially diminish our responsibilities to provide MessageBird Email Premium support during the Term of your MessageBird Email Premium subscription. 

4.9 MessageBird Email Enterprise  Services.  If you purchase MessageBird Email Enterprise Services, we will provide such services in accordance with the current services description available at Email MessageBird Enterprise Dukungan. Any updates or modifications to the MessageBird Email Enterprise  Dukung description will not materially diminish our responsibilities to provide MessageBird Email Enterprise  Support during the Term of your MessageBird Email Enterprise  subscription.
  1. Inbox Pelacak sebuah Competitive Tracker


5.1 Inbox Pelacak dan Competitive Tracker. This Section 5 applies to each of our Services known and branded as Inbox Tracker and Competitive Tracker, either as standalone services or as an integrated or associated part of other products provided by us or our Affiliates. 


5.2 Penggunaan yang Diizinkan. You are only permitted to use Inbox Tracker and/or Competitive Tracker  for your internal business purposes in accordance with applicable law, as limited by the number of seats identified in the Order Form and any other limitations contained therein (“Penggunaan yang Diizinkan”).  Permitted Use includes publishing information derived from the Data Berlisensi so long as the Licensed Data itself is not disclosed or otherwise reproduced as part of such marketing. “Licensed Data” means the information and data contained within Inbox Tracker and/or Competitive Tracker and any further combinations or derivatives of such information and data, including any reports, analyses, summaries, forecasts, predictions, or confidence intervals. You will not disclose the Licensed Data to any third party.

  1. Program Pengirim Terkemuka


6.1 Program Pengirim Terkemuka This Section 6 applies to our Program Pengirim Terkemuka Service as a standalone service or as an integrated or associated part of other products provided by us or our Affiliates. 



6.2 Program Pengirim Terkemuka. The Reputable Sender Program (the “Program Akreditasi”) is a performance-based preferential treatment program. The Accreditation Program requires you to adhere to the Reputable Sender Standards defined within the Order (the “Standar Program”). If you exceed your permitted email volume listed in the Order during the applicable term, you are required to upgrade your permitted email volume accordingly for an additional fee. We may require you to provide information that is reasonably necessary to confirm the accuracy of your Accreditation Program application and for compliance with the Program Standards. 



6.3 Penghentian Akreditasi karena Suatu Sebab. You acknowledge and agree that we may terminate your participation in the Accreditation Program if: (i) you are in violation of the Program Standards and do not cure such violation within fifteen (15) business days of being notified of such violation; (ii) the volume of email sent over your IP addresses or domains enrolled in the Accreditation Program exceeds the maximum volume permitted under the Order; or (iii) any of your IP addresses or domains in the Accreditation Program are not in and/or have not been in compliance with Program Standards on multiple occasions (even if you have in each instance cured such non-compliance). 


6.4 Penangguhan Alamat IP, Domain, dan/atau Akun Akreditasi. You acknowledge and agree that we may immediately suspend and/or exclude one or more of your IP Address and/or domain from the Accreditation Program for any activity that is inconsistent with the objectives of the Program Standards, as determined by us in our sole discretion.

  1. Desain Templat Email


7.1 Desain Templat Email. This Section 7 applies to our Desain Templat Email Service (the “Taksi untuk Layanan Email”) as a standalone service or as an integrated or associated part of other products provided by us or our Affiliates.


7.2 Template License.  We grant to you a non-exclusive, non-transferable, personal, and non-sublicensable license to: (a) use templates provided by the Taxi for Email Service (the “Template”) to input and display the Customer Data; and (b) to customize the Templates as permitted by the functionality in the Taxi for Email Service or as otherwise specifically agreed by us in writing.

  1. Perangkat Lunak di tempat


8.1. Perangkat Lunak di Tempat. This Section 8 applies to our Perangkat Lunak On-Prem (as defined below) Service as a standalone service or as an integrated or associated part of other products provided by us or our Affiliates. 



8.2 Syarat dan Ketentuan Umum yang Tidak Berlaku. Due to the unique nature of on-premises software, the following sections of the Syarat dan Ketentuan Umum do not apply to any purchase of (i) PowerMTA Enterprise Server License; (ii) PowerMTA Standard Server License; (iii) PowerMTA Volume License; (iv) PowerMTA Hot Backup; (v) PowerMTA Management Console; or (vi) PowerMTA Development (individually and collectively, “On-Prem Software”): Section 1 (Your Account); Section 2.4 (Account Suspension); Section 2.5 (Maintenance and Downtime); Section 2.7 (SLA); Section 3.1(b) (Our Responsibilities); Section 4.7 (Prepaid Credit); and Section 5.4 (Application License). In the event of a conflict between this Section 8 of the Product Specific Terms and the Syarat dan Ketentuan Umum, this Section 8 of the Product Specific Terms will prevail solely with respect to your use of On-Prem Software.



8.3. Pemberian Lisensi. We hereby grant to you a limited, non-exclusive, non-sublicensable, non-transferable license during the Term to use the On-Prem Software purchased under the applicable Order Form in object code form only, subject to the terms and conditions set out in the Order Form, this Section 8.3 of the Product Specific Terms, and the Syarat dan Ketentuan Umum (the "PowerMTA Lisensi” or “PowerMTA Lisensi", as applicable).



8.4. Batasan Penggunaan. Each PowerMTA License you purchase is limited by either a Batasan Server or a Batasan Volume (each as defined below), which will be noted in the Order Form or, if applicable, the applicable ordering section of our Site where you purchase this Service through our Site.  We have the right to audit your use of the On-Prem Software to ensure compliance with the applicable Batasan Server or Batasan Volume, which may include accessing the hardware on which you have installed the On-Prem Software at any time during or after the Term.

(a) Server Limitation. If your PowerMTA License has a Server Limitation, for each PowerMTA License you purchase you will only be permitted to install, run and use one (1) copy of the object code version of the applicable On-Prem Software on a single Server (a “Server Limitation”). A “Server” means a machine that processes data using one or more CPUs, and which is owned, leased or otherwise used or controlled by you.  Each Cadangan Server, Server Blade or Mesin Virtual Server contained in or emulated on a Server constitutes a separate Server. "Server Backup" means a Server that is used only to archive data or to provide standby capability on systems configured for disaster recovery purposes. "Server Blade" means a complete computing system on a single circuit board, which will include one or more CPUs, memory, disk storage, operating system and network connections and is designed to be hot-pluggable into a space-saving rack where each rack may contain multiple Server Blades. "Server Virtual Machine" means a software implementation of a Server that executes programs like, and emulates, a physical Server. For avoidance of doubt, a single physical Server or Server Blade can host multiple operating systems and include multiple Server Virtual Machines.  



(b) Volume Limitation. If your PowerMTA License has a Volume Limitation, you will be permitted to install, run, and use the On-Prem Software on any number of Servers located at any number of locations during the applicable Term; provided, however your PowerMTA License will be limited by the number of Emails that you are permitted to send using the On-Prem Software (a “Volume Limitation”). The applicable Volume Limitation for your PowerMTA License will be stated in the Order Form. Solely for purposes of this Section 8.4 of the Product Specific Terms, an “Email” is an outbound digital message sent by you using the On-Prem Software. For any PowerMTA License with a Volume Limitation, you agree to enable and not disable the On-Prem Software’s outbound HTTPS connection that allows us to track the number of Emails sent by you.



8.5. Koneksi Keluar Lisensi Server. If you purchase an Enterprise PowerMTA License with a Server Limitation, the number of outbound connections is unlimited. If you purchase a Standard PowerMTA License with a Server Limitation, you are only permitted a maximum of three (3) outbound connections per each Standard PowerMTA License purchased. This Section 8.5 does not apply to you if your PowerMTA License has a Volume Limitation.


8.6. Layanan Dukungan. Unless otherwise explicitly stated in the Order Form, On-Prem Software standard support services are included during the Term of any annual PowerMTA Enterprise License, PowerMTA Standard License, or PowerMTA Volume License purchase and consists of: (a) technical assistance by email, and (b) to the extent each of the following are made commercially available by us to our customer base generally, (i) access to major and minor releases, (ii) access to fixes and patches, and (iii) documentation for the On-Prem Software (“Layanan Dukungan On-Prem"). The On-Prem Support Service does not cover problems arising from your own hardware or other software that is not ours or we do not provide, compatibility problems between the On-Prem Software and your own hardware and other software that is not ours or we do not provide, or problems resulting from using the On-Prem Software in violation of the Order Form, this Section 8.6 of the Product Specific Terms, and the Syarat dan Ketentuan Umum.


8.7. Tanggung Jawab Anda. For On-Prem Software only, Section 3.2 of the Syarat dan Ketentuan Umum is replaced with the following language: 


3.2  Your Responsibilities. You agree to use the On-Prem Software only in accordance with how the On-Prem Software has been made available to you by us, this Agreement  (including any applicable Dokumentasi and Product Specific Terms), Order Form(s), documentation on the Site, and applicable law. You will be solely responsible for (a) all use of the On-Prem Software, including prohibited acts such as reverse engineering, copying, disassembling, decompiling, or modifying (except with respect to modifying sample programs as specifically permitted under Section 8.8 (Sample Programs) of the Product Specific Terms), copying or creating derivative works (except with respect to creating derivative works of sample programs as specifically permitted under Section 8.8 (Sample Programs) of the Product Specific Terms) of any part of the On-Prem Software and Dokumentasi and (b) any data and other information or content you process and/or send using the On-Prem Software (“Customer Data”). You will not transfer, resell, lease, license, or otherwise make available the On-Prem Software to third parties. You agree to provide prompt and reasonable cooperation regarding information requests we receive from law enforcement and regulatory authorities. You are responsible for preventing unauthorized access to or use of the On-Prem Software and will notify us promptly of any such unauthorized access or use. Except to the extent caused by our breach of this Agreement, we will not be liable for any loss or damage arising from unauthorized use of the On-Prem Software and you will continue to be charged in respect of any such access. You will not use the On-Prem Software or permit it to be used to transmit any content that is unsolicited and/or violates any legal, regulatory, self-regulatory, governmental, statutory requirements or codes of practice.


8.8. Contoh Program. Notwithstanding Section 5.1 (Ownership of the Services) of the Syarat dan Ketentuan Umum, the sample programs included within the On-Prem Software to facilitate custom programming and use of the On-Prem Software’s APIs may be modified and used by you solely in connection with the PowerMTA License during the Term.


8.9. Data Pelanggan Perangkat Lunak On-Prem. Notwithstanding Section 5.2 (Our Data), Section 5.3 (Your Data), and Section 7.1 (Your Representations and Warranties) of the the Syarat dan Ketentuan Umum, we acknowledge that the nature of the On-Prem Software means that Customer Data (including recipient email addresses and Email content) sent using the On-Prem Software will remain solely on your Servers on which you install the On-Prem Software. You will not provide us with any Customer Data through your use of the On-Prem Software other than: (a) your business contact data for (i) invoicing, billing, compliance and other business inquiries, and (ii) contract management; and (b) your PowerMTA License usage data, including, but not limited to, the number of Emails you send using a PowerMTA License with a Volume Limitation, for our legitimate internal business purposes such as monitoring your compliance with PowerMTA License contractual limitations.  



8.10. Pengecualian Ganti Rugi. In addition to the exclusions already provided in the last sentence of Section 8.1 (Indemnification by Us) of the Syarat dan Ketentuan Umum and solely with respect to any Infringement Claim (as defined therein) arising out of the On-Prem Software, we will have no liability or obligation under Section 8.1 (Indemnification by Us) of the Syarat dan Ketentuan Umum arising from or out of: (a) failure to use updates to the On-Prem Software made available by us that would have avoided the alleged infringement; or (b) use of the On-Prem Software not in accordance with any applicable user documentation or specifications. This Section 8.10 will survive any termination or expiration under Section 11 (Term, Termination, and Survival) of the Syarat dan Ketentuan Umum.


8.11. Kewajiban Penghapusan Penghentian. Upon the effective date of termination or expiration of the Agreement or any Order Form including On-Prem Software: (a) you are required to delete the On-Prem Software and any updates, modifications and copies of the On-Prem Software, and documentation from your Server(s); and/or (b) if the On-Prem Software was initially delivered to you on physical storage media, you are required to return the On-Prem Software and any updates, modifications and copies of the On-Prem Software to us. We have the right to require you to certify in writing to us that you have complied with the deletion and/or return obligations in this Section 8.11.  This Section 8.11 will survive any termination under Section 11 (Term, Termination, and Survival) of the Syarat dan Ketentuan Umum.

  1. API Pemberitahuan Push


9.1. API Pemberitahuan Push Services. This Section 9 applies to each of the Pusher RTC Channels Service and the Pusher Beams Service provided by or through Pusher, a MessageBird company (“API Pemberitahuan Push Services”) as standalone services or as an integrated or associated part of other products provided by us or our Affiliates. 


9.2 Ambang Batas Biaya. You agree to adhere to the  pricing plan you select in connection with your use of the Layanan API Notifikasi Push free of charge up to the then-current usage quotas specified at https://pusher.com/legal/quotas for your selected pricing plan for the Push Notifications API Services (“Ambang Batas Biaya”), which quotas we may update from time to time. You may discontinue your use of the free of charge Push Notifications API Service at any time. Once you reach the Fee Threshold, your use of the Push Notifications API Services will be suspended until you have upgraded to a paid-for plan.


9.3 Meningkatkan ke Paket Berbayar. Once you have upgraded to a paid-for plan, a bill will be issued to your account for all Services Fees due under your plan, provided they are within the Fee Threshold for the applicable plan. For use of the Push Notification API Services in excess of any portion of the Fee Threshold, you shall be responsible for all charges up to the amount set in your account.


9.4 Batas Penggunaan. Unless otherwise specified in the Order Form, your use of the Push Notifications API Service is subject to the usage limitations set out from time to time at https://pusher.com/channels/pricing and https://pusher.com/beams/pricing/ (“Batas Penggunaan”).


9.5 Pemberitahuan Batasan Penggunaan. You will receive a notification on the email address used to register for the Services when you are at 80% and 100% of the Usage Limits. You can add additional email addresses for receiving such notifications or receive notifications via other platforms designated in your account settings.

9.6 Penagihan. Unless otherwise specified in the Order Form, we will invoice the Services Fees upfront on an annual basis. Our measurement of usage statistics is final for billing purposes.

9.7 Perubahan pada Kredensial Akses. We may change passwords or other access credentials if necessary for security reasons at any time by giving you one (1) business day notice.

9.8 Alamat IP. We may process your and your end users’ IP addresses for error logging and monitoring issues as part of providing the Push Notifications API Services. If an end user receives an application error, we may store the related IP address for up to (fourteen) 14 days. We will only store the 100 most recent errors and related end user IP addresses.

9.9 Lisensi Sumber Terbuka. Open source software licenses for components of the Push Notifications API Services released under an open source license constitute separate written agreements. To the extent that the open source software licenses expressly supersede the Agreement, the open source licenses govern your use of the components of the Push Notifications API Services released under an open source license.


9.10 Kontes Promosi. If you agree to participate in a contest promoted by us in connection with the Push Notifications API Services, you acknowledge and agree to the terms found at https://pusher.com/legal/contests.

  1. Video


10.1 Video. This Section 10 applies to our video-first customer engagement platforms and video services (“Layanan Video”) as standalone services or as an integrated or associated part of other products provided by us or our Affiliates. 


10.2 Peran Layanan dan Pengguna. The Video Service distinguishes between five user roles. Each role has different authorization rights and various levels of access to information: (i) “Administrator” have full access to the system and all functionalities of the Video Service; (ii) “Pengguna” are individuals authorized by Administrators who can schedule and manage their own sessions and can see reviews left by Para tamu; (iii) “Manajer” have the same permissions as Users, provided that they can also schedule sessions on behalf of other Users; (iv) “Perencana” can schedule and manage sessions for Users but can not do sessions themselves;  and (v) “Guests” are individuals authorized to join sessions by Administrators, Users, Managers, and/or Planners. You are responsible for assigning user roles and managing the use of the Video Service according to those roles.


10.3 Biaya Layanan. Unless otherwise specified on the Order Form, one-off Service Fees relating to the set-up and installation of the Video Service are due and payable immediately upon signing of the relevant Order Form. The monthly subscription Service Fees will apply from the date the Video Service is made available to you.

 

10.4 Syarat dan Ketentuan Nasabah Independen. The Video Service enables you to make your own terms and conditions available to Guests, which apply only to the relationship between you and your Guests. When you enter into an agreement with a Guest via a video session (“Sesi”) using the Video Service, we do not become a party to such agreement. 



10.5 Pembatasan Penggunaan. You may not frame or utilize framing techniques to enclose any of our intellectual property rights without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our intellectual property rights without our express written consent.

 

10.6 Penggunaan yang wajar. A Customer may use functionalities within the Video Service that are delivered through a third-party provider, including usage of international telephone numbers (“Fungsionalitas Pihak Ketiga”). These Third-Party Functionalities are not included in the Video Service licensing fee. In the event that the Customer’s usage of the Third-Party Functionalities exceeds 5% of the monthly Video Service licensing fee, we may bill these fees directly to the Customer. The Customer shall pay the fees in accordance with the Agreement. 



10.7 Rekaman


10.7.1 The functionality for recording, storing, downloading and deleting video calls can be made available by us on request by Customer.

10.7.2 Customer is responsible for compliance with all applicable laws and regulations to Customer’s use of the video call recording functionality, including data protection laws and  intellectual property rights.

10.7.3 A file will be created during the (video) call which contains the selected content of the video call.

10.7.4 Video call recordings can be stored with us, or on premise with the Customer. Depending on the type of storage, the following applies:

10.7.4.1 With us: The file will be encrypted and stored in a designated folder on the cloud server used by us. The file can be downloaded directly by Customer in MP4 format through a secured connection. This storage lasts until the moment the Customer chooses to delete the file or until the Customer terminates the Agreement, whichever is sooner.

10.7.4.2 Transferring from us to external storage: Transferring of the files to the Customer is done through Customer’s transfer mechanism of choice. We will count the transfer as successful once it has initiated the transfer of the file, using the Customer’s transfer mechanism of choice and storage location of choice. Due to external factors (such as availability and updates of the Customer’s transfer mechanism and storage location of choice) we cannot guarantee the successful transfer of the file from us to the Customer’s storage location of choice. We therefore offer Customer to keep a back-up of the file(s) in our encrypted storage, before deleting the file(s) held by us. We will keep the back-ups with due care and diligence. Upon request of the Customer, we can also retain the file(s) in back-up until the Customer has confirmed to us that a file is transferred successfully. In this situation Customer is fully responsible for quality assurance of the video call recordings and to make sure that this confirmation is correct.

10.7.5 In case Customer uses manual recordings (where recordings may be started/stopped manually in the video call) the source data from us is leading in identifying when the recording started/stopped.

10.7.6 We are not liable for any loss / deletion of video call recordings. We are not liable for any claims from Administrators, Users, Managers, Planners and/or Guests regarding the video call recordings.

10.7.7 Customer is responsible to inform their Guests that the video call is being recorded and stored, taking into account the information obligations under the data protection laws. Notwithstanding the foregoing, you should notify and obtain the necessary authorization from your end-users and comply with all information, notification, retention, access and other applicable requirements prescribed by applicable laws. We assume no responsibility when Customer fails to do so.

10.7.8 Penggunaan yang Dilarang: Customer agrees that it will not use, and will not permit any Administrator, User, Manager, Planner and/or Guest to use the Services in violation of any of our terms or in a manner that violates applicable laws and regulations, including but not limited to, anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings. Customer also agrees to be solely responsible for compliance with all such laws and regulations.

10.8 Kecerdasan Percakapan.


10.8.1 The functionality for conversation intelligence can be made available by us on request of the Customer. Conversation intelligence converts the recording of a video call into a text file. This text file can be further analyzed with optional add-on functionality including the goal tracker that checks if key topics have been discussed in the conversation.


10.8.2 In order to utilize this functionality, Customer agrees to the following: (a) use of our subprocessor Google Cloud to process the audio tracks of the conversations; and (b) use of the recording functionality of the Video Service as listed under the Section 10.7 (Recordings) above.

  1. Layanan Dukungan


11.1 MessageBird. If Customer purchased a support plan during the Term, we shall provide support services to Customer in accordance with our then-current support plan for the relevant Service available at https://messagebird.com/en/pricing/support or as otherwise agreed in writing from you by separate agreement.


11.2. Layanan API Notifikasi Push. If Customer purchased a Push Notifications API Service support plan during the Term, we shall provide support services to Customer in accordance with our then-current support plan for Push Notifications API Services available at https://pusher.com/channels/pricing or as otherwise agreed in writing from you by separate agreement. If Customer has not purchased an API Service support plan, we shall provide support services to Customer in accordance with our then-current support plan for Push Notifications API Services available at https://pusher.com/legal/support or as otherwise provided in writing to Customer.

  1. Pesan Bisnis Google


12.1 Pesan Bisnis Google Online Terms. In addition to the other provisions of this Agreement, you acknowledge and agree that your use of Pesan Bisnis Google (“Layanan GBM”) is subject to the terms and policies provided by Google LLC and/or its affiliates (“Google”), including without limitation the Google APIs Terms of Service (currently available at https://developers.google.com/terms) and Terms of Service for Business Messages (currently available at https://developers.google.com/business-communications/business-messages/support/tos) and any supplemental or other terms or policies that may be provided separately by us or Google or its affiliate(s), all as may be amended from time to time (the “Ketentuan GBM Online”). You will not use the GBM Service (including beta products) in a way that would violate the GBM Online Terms. If and to the extent applicable and required, you hereby explicitly authorise us to accept the GBM Online Terms on your behalf and on behalf of any of your Affiliates using the GBM Service under your account.

  1. Pesan Facebook


13.1 Ketentuan Messenger Online. In addition to the other provisions of this Agreement, you acknowledge and agree that your use of Messenger (“Layanan Pesan”) is subject to the terms and policies provided by Meta Platform Inc. and/or its affiliates (“Meta”), including the Beta Product Testing Terms (currently available at https://www.facebook.com/legal/BetaProductTestingTerms), and the Meta Terms of Service  (currently available at https://www.facebook.com/terms.php?ref=p), the Community Standards (currently available at https://www.facebook.com/communitystandards/), the Commercial Terms (currently available at https://www.facebook.com/legal/commercial_terms), the Platform Terms (currently available at https://developers.facebook.com/terms), the Developer Policies (currently available at https://developers.facebook.com/devpolicy), and any supplemental or other terms or policies that may be provided separately by us or Meta, each as may be amended from time to time (the “Ketentuan Online Messenger”). You will not use the Messenger Service (including beta products) in a way that would violate the Messenger Online Terms. If and to the extent applicable and required, you hereby explicitly authorise us to accept the Messenger Online Terms on your behalf and on behalf of any of your Affiliates using the Messenger Service under your account.

  1. Indonesia


14.1 Indonesia Online Terms. In addition to the other provisions of this Agreement, you acknowledge and agree that your use of the Indonesia Business Service (regardless of whether on the Instagram or Messenger platform) (“Layanan Bisnis Instagram”) is subject to the terms and policies provided by Meta Platforms, Inc. and/or its affiliates (“Meta”), including the Beta Product Testing Terms (currently available at https://www.facebook.com/legal/BetaProductTestingTerms), the Meta Terms of Service (currently available at https://www.facebook.com/terms.php?ref=p), the Community Standards (currently available at https://www.facebook.com/communitystandards/), the Commercial Terms (currently available at https://www.facebook.com/legal/commercial_terms), the Instagram Ketentuan Penggunaan (currently available at https://help.instagram.com/581066165581870 and includes the Community Guidelines (currently available at https://help.instagram.com/477434105621119?helpref=page_content), the Platform Terms (currently available at https://developers.facebook.com/terms), the Developer Policies (currently available at https://developers.facebook.com/devpolicy), and any supplemental or other terms or policies that may be provided separately by us or Meta, each as may be amended from time to time (the “Ketentuan Online Instagram”). You will not use the Instagram Business Service (including beta products) in a way that would violate the Instagram Online Terms. If and to the extent applicable and required, you hereby explicitly authorise us to accept the Instagram Online Terms on your behalf and on behalf of any of your Affiliates using the Instagram Business Service under your account.


14.2 Izin Pengguna Halaman. By linking an Instagram account to a Facebook Page, you enable the ability for all users with a page role of moderator or higher (“Pengguna Halaman”) to view and respond to user-initiated questions for customer support on Instagram (“Pesan IG”). As the owner of such an Instagram account, you acknowledge and agree that Page Users will have the ability to view and respond to IG Messages. You acknowledge that the provision of the Instagram Business Service is subject to Meta’s approval and the compliance with the requirements set out in the Agreement and the Instagram Online Terms. You hereby give us consent to send IG Messages on your behalf.

  1. LINE


15.1 Ketentuan LINE Online. In addition to the other provisions of this Agreement, you acknowledge and agree that your use of any LINE products or services (“Layanan LINE”) is subject to the terms and policies provided by LINE Corporation and/or its affiliates (“LINE”), including the LINE Official Account Ketentuan Penggunaan (currently available at https://terms2.line.me/official_account_terms_oth), LINE Official Account Guidelines (currently available at https://terms2.line.me/official_account_guideline_oth), LINE Official Account API Terms of Use (currently available at https://terms2.line.me/official_account_api_terms_jp?lang=ja, please note the terms are not available in English), LINE Developers Agreement (currently available at https://terms2.line.me/LINE_Developers_Agreement), LINE User Data Policy (currently available at https://terms2.line.me/LINE_Developers_user_data_policy?lang=en), LINE Individual Agreement (currently available at https://terms2.line.me/provide_information_zhd_jp, please note the terms are not available in English), LINE Terms and Conditions of Use (currently available at https://terms.line.me/line_terms/), and the LINE Privacy Policy (currently available at https://terms.line.me/line_rules/), as may be amended from time to time, and any further agreements, policies and guidelines provided by LINE and/or by us, each as amended from time to time (collectively, the “Ketentuan LINE Online”). You will not use the LINE Service (including beta products) in a way that would violate the LINE Online Terms. If and to the extent applicable and required, you hereby explicitly authorise us to accept the LINE Online Terms on your behalf and on behalf of any of your Affiliates using the Line Service under your account.

  1. Twitter


16.1 Ketentuan Twitter Online. In addition to the other provisions of this Agreement, you acknowledge and agree that your use of the Twitter service (“Layanan Twitter”) is subject to the terms and policies provided by X Corp. and/or its affiliates (“Twitter”), including the Twitter Terms of Service (currently available at https://twitter.com/tos), Twitter Privacy Policy (currently available at https://twitter.com/en/privacy), Twitter Rules and Policies (currently available at https://help.twitter.com/en/rules-and-policies), and any supplemental or other terms or policies that may be provided by us, Twitter or their respective affiliate(s), each as may be amended from time to time (the “Ketentuan Twitter Online”). You will not use the Twitter Service (including beta products) in a way that would violate the Twitter Online Terms. If and to the extent applicable and required, you hereby explicitly authorise us to accept the Twitter Online Terms on your behalf and on behalf of any of your Affiliates using the Twitter Service under your account.


16.2 Penangguhan dan Pengakhiran. In addition to any other grounds for suspension or termination included in the Agreement, we may suspend or terminate your access to and use of the Twitter Service and delete any Customer Data obtained by us through your use of the Twitter Service on our own account or upon written instruction from Twitter for any or no reason.


16.3 Mengirim dan Menerima Twitter. You hereby give us consent to retrieve and accept non-public information (including direct messages, protected Tweets, and activity and engagement insights about Tweets) relating to your Twitter account to the extent necessary to provide the Twitter Service.

  1. Viber


17.1 Penggunaan yang Dapat Diterima. In addition to the other provisions of this Agreement, you acknowledge and agree that your use of the Viber services (“Layanan Viber”) is subject to the terms and policies provided from time to time by by Viber Media S.a.r.l. (“Viber”), including without limitation the Viber Terms of Use (currently available at https://www.viber.com/en/terms/viber-terms-use/) and the Viber Acceptable Use Policy (currently available at https://www.viber.com/en/terms/viber-public-content-policy/), and any further agreements, policies and guidelines provided by Viber and/or by us as may be amended from time to time (the “Ketentuan Viber Online”). You will not use the Viber Service in a way that would violate the Viber Online Terms. If and to the extent applicable and required, you hereby explicitly authorise us to accept the Viber Online Terms on your behalf and on behalf of any of your Affiliates using the Viber Service under your account. Without limiting the generality of the previous sentence, you will: (i) only send messages to users who have consented to receive messages by opting in or actively registering with you, did not revoke such agreement, and who are of legal age to receive such messages according to applicable laws; (ii) ensure that all messages comply with all terms and guidelines provided Viber, (iii) not allow any third party to use your verified messages channel, (iv) not send messages that contain or transmit viruses, worms, defects, Trojan horses, or any malicious code; and (iv) not send messages that falsely expresses or implies that the content is sponsored or endorsed by Viber.


17.2 Data Keikutsertaan. You will keep a record of consent obtained from users as described in Section 17.1 (Acceptable Use) and shall present such data upon Viber’s request.

  1. WeChat


18.1 Ketentuan WeChat. In addition to the other provisions of this Agreement, you acknowledge and agree that your use of the WeChat services (“Layanan WeChat”) is subject to the terms and policies provided from time to time by WeChat International Pte. Ltd., Tencent International Services Europe B.V. and/or their affiliates (“WeChat”), including the WeChat Terms of Service (currently available at https://www.wechat.com/en/service_terms.html) and the WeChat Acceptable Use Policy (currently available at https://www.wechat.com/en/acceptable_use_policy.html) (the “Ketentuan WeChat Online”). You will not use the WeChat Service (including beta products) in a way that would violate the WeChat Online Terms. If and to the extent applicable and required, you hereby explicitly authorise us to accept the WeChat Online Terms on your behalf and on behalf of any of your Affiliates using the WeChat Service under your account.


18.2 Perlindungan Data. We may anonymize, permanently delete or render unreadable any Customer Personal Data sent or received through the WeChat Service if requested by WeChat. We shall have no liability for any loss of or damage to Customer Personal Data anonymized, rendered unreadable or deleted in accordance with this Section 18.2.

  1. Ada yang


19.1 Ada yang Online Terms. In addition to the other provisions of this Agreement, you acknowledge and agree that your use of the Ada yang service (“Layanan Ada yang”) is subject to the terms and policies provided by WhatsApp, Inc. and/or its affiliates (“WhatsApp”), including without limitation the Meta terms for WhatsApp Business Service  Providers (currently available at https://www.whatsapp.com/legal/business-terms-for-service-providers/?lang=en),  the WhatsApp Business Solution Terms (currently available at https://www.whatsapp.com/legal/business-solution-terms), the WhatsApp Business Terms of Service (currently available at https://www.whatsapp.com/legal/business-terms-20230427), the WhatsApp Business Policy (currently available at https://www.whatsapp.com/legal/business-policy/), the WhatsApp Brand Guidelines (currently available at https://whatsappbrand.com/), the WhatsApp Business Data Processing Terms (currently available at https://www.whatsapp.com/legal/business-data-processing-terms-20230427), and any supplemental or other terms or policies that may be provided by us, WhatsApp or WhatsApp’s affiliate(s), all as may be amended from time to time (the “Ketentuan WhatsApp Online”). You will not use the WhatsApp Service (including beta products) in a way that would violate the WhatsApp Online Terms. You hereby explicitly authorise us to accept the WhatsApp Online Terms on your behalf and on behalf of any of your Affiliates using the WhatsApp Service under your account.


19.2 Penggunaan ISV. You may not grant any independent third party (“ISV”) access to the WhatsApp Service and/or your WhatsApp messages sent through the WhatsApp Service without prior written approval of such ISV by WhatsApp, which approval must be requested through us. If you are an ISV or have engaged or intend to engage an ISV that will use or have access to the WhatsApp Services, you must immediately notify us. In such case, you will agree to comply with additional requirements, including additional WhatsApp Online Terms, as well as provide the necessary information that we or WhatsApp may require. We may immediately suspend your use of the Whatsapp Services if you (i) operate as an ISV and/or (ii) engage an ISV in connection with the use of WhatsApp Services without prior written approval of WhatsApp.


19.3 Penangguhan dan Pengakhiran. In addition to any other remedies included in the Agreement, we may suspend or terminate your access to and use of the WhatsApp Service if you no longer have an active WhatsApp account or upon written instruction from WhatsApp for any or no reason. 


19.4 Biaya Layanan untuk Pesan Berbasis Percakapan WhatsApp. The Service Fees for WhatsApp Conversation-Based messages shall be equal to the rates set by Meta or WhatsApp, as amended from time to time (“Tarif WhatsApp Berbasis Percakapan”). The Service Fees may be updated from time to time (including during  and throughout the Term) to reflect any such updates. We reserve the right to convert the currency of the Conversation-Based WhatsApp Rates in an Order Form or invoice and, where applicable, will do so in accordance with Section 4.6 (Currency) of the Syarat dan Ketentuan Umum. If and as long as you meet the criteria for preferential rates for Conversation-Based WhatsApp Rates set by Meta or WhatsApp, we will apply such preferential rates to the extent that we are enabled or permitted to do so by Meta or WhatsApp.

  1. Pesan Apple Untuk Bisnis


20.1 Ketentuan Online Apple. In addition to the other provisions of this Agreement, you acknowledge and agree that your use of the Pesan Apple untuk Layanan Bisnis (“Apple Messages for Business Service”) is subject to the terms and policies provided by Apple Inc. and/or its affiliates (“Apple"), including the Apple Messages for Business Service Terms (currently available at https://register.apple.com/tou/bca/latest/en), the Apple Business Register Terms of Use (currently available at https://register.apple.com/tou/abr/latest/en), the Apple Developer Program License Agreement (currently available at https://developer.apple.com/support/terms/) and any supplemental or other terms or policies that may be provided by us, Apple or Apple’s affiliate(s), all as may be amended from time to time (the “Pesan Apple untuk Ketentuan Bisnis Online”). You will not use the Apple Messages for Business Service (including beta products) in a way that would violate the Apple Messages for Business Online Terms. You hereby explicitly authorize us to accept the Apple Messages for Business Online Terms on your behalf and on behalf of any of your Affiliates using the Apple Messages for Business Service under your account.


20.2 Penangguhan dan Pengakhiran. In addition to any other remedies included in the Agreement, we may suspend or terminate your access to and use of the Apple Messages for Business Service if you no longer have an active Apple ID or Apple Messages for Business account or upon written instruction from Apple or for any or no reason.

  1. ConnectorsIntegrasi dan API Pihak Ketiga


21.1 Customer acknowledges that the Services may integrate or interoperate with products and services of third parties (“Produk Pihak Ketiga”), or import or export data and other content to or from Third-Party Produk (collectively, “Integrasi”). We may also make connectors available on our Site to allow our Services to be used in connection with Third-Party Products through APIs or other connectors (“Connectors”).


21.2 Anda mengakui dan menyetujui bahwa jika Anda mengadopsi, menerapkan, memasang, atau menggunakan Integrasi atau Konektor apa pun dengan Layanan kami: (i) Anda harus menyetujui, dan diatur oleh, syarat dan ketentuan konektor pihak ketiga sehubungan dengan penggunaan Anda atas layanan pihak ketiga mana pun dan sejauh yang diperlukan, Anda secara eksplisit mengizinkan kami untuk menerima persyaratan pihak ketiga tersebut atas nama Anda dan (ii) untuk tujuan tunggal mengaktifkan dan memfasilitasi Konektor, informasi Anda (termasuk Data Pelanggan) dapat disediakan atau dibagikan oleh Layanan kami dengan layanan pihak ketiga yang relevan (dan sebaliknya) dan Anda menyetujui ketersediaan atau pembagian tersebut serta data Anda digunakan sesuai dengan Perjanjian ini dan syarat dan ketentuan terpisah dari pihak ketiga. Untuk kejelasan, layanan kami dapat menggunakan dan menggabungkan kecerdasan buatan, termasuk melalui penggunaan Connectors yang disediakan oleh OpenAI (seperti ChatGPT) atau pihak ketiga lainnya. Anda mengakui dan menyetujui penggunaan tersebut.


21.3 Setiap penggunaan Produk Pihak Ketiga, baik melalui Konektor atau lainnya, sepenuhnya merupakan risiko Pelanggan. Kami tidak memberikan pernyataan, jaminan, atau komitmen dan tidak memiliki tanggung jawab atau kewajiban apa pun sehubungan dengan konten atau penggunaan, atau korespondensi dengan, setiap Produk Pihak Ketiga tersebut, atau setiap transaksi yang diselesaikan, dan setiap kontrak yang dibuat oleh Anda atau Afiliasi Anda, dengan penyedia Produk Pihak Ketiga tersebut. Kami tidak mendukung atau menyetujui Produk Pihak Ketiga atau konten dari Produk Pihak Ketiga yang tersedia melalui Layanan. KAMI MENYEDIAKAN INTEGRASI DAN CONNECTORS "SEBAGAIMANA ADANYA" TANPA JAMINAN APA PUN DAN HANYA SEBAGAI KENYAMANAN.

  1. Chatbot Bertenaga AI


22.1 In the provision of our Services, we may offer you access to a chatbot driven by artificial intelligence (the “AI Chatbot”). The AI Chatbot allows our customers to engage in automated conversations and is designed to assist with information retrieval and other tasks in connection with the Services provided to you.


22.2. Anda mengakui dan menyetujui bahwa AI Chatbot bergantung pada algoritme yang kompleks dan teknik pembelajaran mesin, yang terkadang dapat menghasilkan informasi yang tidak akurat, tidak lengkap, atau tidak sesuai, termasuk namun tidak terbatas pada detail tentang orang, tempat, atau fakta. Kami tidak menjamin keakuratan, keandalan, atau kesesuaian informasi yang diberikan oleh AI Chatbot untuk tujuan tertentu, dan pelanggan harus memverifikasi sendiri informasi atau konten apa pun yang disediakan oleh AI Chatbot sebelum mengandalkannya. Sejauh diizinkan oleh hukum yang berlaku, kami melepaskan setiap dan semua tanggung jawab yang timbul dari atau sehubungan dengan penggunaan, atau ketergantungan pada, AI Chatbot atau informasi yang diberikan oleh AI Chatbot.


22.3. Kami akan melakukan upaya yang wajar secara komersial untuk terus meningkatkan AI Chatbot dan algoritme yang mendasarinya, dan untuk segera mengatasi masalah atau ketidakakuratan yang diketahui yang menjadi perhatian kami. Kami mendorong pelanggan untuk melaporkan ketidakakuratan atau masalah apa pun dengan AI Chatbot kepada kami, untuk memfasilitasi perbaikan dan melayani kebutuhan mereka dengan lebih baik.


22.4 Pelanggan bertanggung jawab untuk mematuhi semua hukum, peraturan, dan standar industri yang berlaku yang berlaku untuk Anda saat menggunakan AI Chatbot, termasuk namun tidak terbatas pada perlindungan data, privasi, dan hukum kekayaan intelektual. Anda setuju untuk menggunakan AI Chatbot dengan cara yang bertanggung jawab dan etis dan tidak akan menggunakan atau mengizinkan pengguna Anda untuk menggunakannya untuk tujuan ilegal, berbahaya, atau menyinggung.

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By clicking "See Bird" you agree to Bird's Pemberitahuan Privasi.

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