Terms and Conditions

The Number Lookup API returns to Customer, after submission by Customer of a telephone number (TN) through the API, the following applicable data items associated with the queried TN (the “Service”). Customer may select, through the API the data items to be returned. The data attributes returned to Customer via the Service is referred to herein as “Number Lookup Data.” Number Lookup Data does not identify any natural person. Customer’s use of the Service is conditional upon Customer’s unlimited, and unrestricted compliance and acceptance of all the terms and policies as below:

1. Right to Use; Restrictions; Use Case Approval, Termination/Suspension and Disclaimer

1.1 Right to Use

Sinch grants Customer, and Customer accepts from Sinch, a personal non-transferable and non-exclusive, term-based license and Right-To-Use (“RTU”) the Services, the Number Lookup Data, and any modified or enhanced data derived therefrom, solely for the following purposes: (i) to validate a consumer’s identity for the purpose of averting fraudulent transactions, (ii) performing identity verification, (iii) authenticating commercial transactions initiated by a consumer with Customer, (iv) optimizing Customer’s use of telecommunications services, including reducing costs of telecommunications, complying with applicable telecommunications rules, selecting a telecommunication service or service provider, (v) determine the validity of a TN, and (vi) billing. In some cases, a third-party term-based license may also be necessary to use the Service. The table above identifies where this requirement exists. It is possible that even if such a third-party license is not required as of the Effective Date, such a license may be required at a future date. If this occurs, then Customer will be required to execute such a license in order for Sinch to provide the associated Number Lookup Data.

1.2 Restrictions

Customer will not use the Services or Number Lookup Data (a) for marketing purposes or market analysis; (b) to resell or provide the Number Lookup Data to any third party; (b) to create a consumer report or allow use by a consumer reporting agency for the purpose of creating a consumer report; (c) for verifying credit worthiness or eligibility, insurance, or employment; (d) to augment or create a consumer segmentation database; or (e) for any other purpose(s) not specifically set forth in Section 2.1.

1.3 Use Case Approval

Customer must submit an application that sets forth a true, accurate, and complete description of Customer’s intended use case(s) for the Services (the “Use Case”), which complies with the Right to Use and Restrictions set forth above.

Customer’s use of the Services may be subject to the applicable data service provider(s) review and approval of Customer’s Use Case application. If additional information is required to complete the Use Case, Customer will provide it promptly. Where such approval is required, Customer’s use of the Service will be restricted until necessary approvals have been granted. For the avoidance of doubt, Sinch has no control over a data service provider(s) approval of Customer’s Use Case application, or the time it takes for approval to be obtained. Customer is not entitled to any refunds or credits if (a) a data service provider(s) rejects Customer’s Use Case application at any time or (b) Customer’s Use Case contains information that is untrue, inaccurate, or incomplete. Customer will not use the Services for any Use Cases that are not approved by the applicable data service provider(s). If Customer wants to modify its approved Use Case(s), Customer must submit a new application for such modified Use Case(s) for approval.

1.4 Termination

1.4.1 IF CUSTOMER MISUSES THE NUMBER LOOKUP DATA OR THE SERVICE, IN BREACH OF THE TERMS HEREIN, THEN SINCH MAY SUSPEND CUSTOMER’S ACCESS TO THE SERVICE WITHOUT NOTICE.

1.4.2 Customer agrees: (i) to not use the Service or Number Lookup Data for illegal purposes; (ii) not to interfere or disrupt networks connected to the Service; and, (iii) to comply with all applicable laws and regulations.

1.4.3 Sinch may immediately terminate the Service at any time and without liability (i) at the direction of the Federal Communications Commission or any other regulatory body having jurisdiction or delegated authority with respect to the data provider’s right to provide the Number Lookup Data to Sinch, (ii) upon a finding or determination by such regulatory body that the continued provision of the Number Lookup Data by the data provider is inconsistent with the data provider’s duties, or (iii) if Sinch is no longer authorized to provide the Number Lookup Data to Customer under its agreement with the data provider.

1.4.4 Upon termination of the Service for any reason, (i) all restrictions with respect to the Number Lookup Data will survive termination, and (ii) Customer agrees to destroy all copies of the Number Lookup Data in its possession and certify to Sinch as to such destruction.

1.4.5 Disclaimer

CUSTOMER ACKNOWLEDGES THAT SINCH RECEIVES CERTAIN ELEMENTS OF THE NUMBER LOOKUP DATA FROM THIRD-PARTY DATA PROVIDER(S). CUSTOMER AGREES THAT SUCH THIRD-PARTY DATA PROVIDER(S) WILL NOT BE LIABLE TO CUSTOMER UNDER ANY CIRCUMSTANCES.

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