Terms of Service for RCS Business Messaging | RCS Business Messaging Developer Docs

Last modified: June 19, 2024 | Previous versions

Thank you for using RCS Business Messaging, a platform and associated softwarethat enables businesses to reach their customers with rich conversations via theusers' default carrier messaging apps ("RCS Business Messaging" or "RBM").

(A) These RCS Business Messaging Terms of Service ("RBM Terms") are enteredinto by Jibe Mobile, Inc. (a wholly owned subsidiary of Google LLC) and you (theentity agreeing to these terms).

(B) These RBM Terms form a binding agreement between the parties and areeffective as of the earliest date you clicked to accept these RBM Terms or usedRCS Business Messaging. If an individual is accepting on your behalf suchindividual represents and warrants that: (i) such individual has full legalauthority to bind you to these RBM Terms; (ii) the individual has read andunderstands these RBM Terms; and (iii) the individual agrees, on your behalf, tothese RBM Terms. These RBM Terms govern your access to and use of RCS BusinessMessaging.

(C) By accepting these RBM Terms, you are agreeing to the Google APIs Terms ofService at https://developers.google.com/terms/(or such other URL as we may provide) (the "General API Terms"). Forpurposes of RCS Business Messaging and these RBM Terms, the General API Termswill be deemed entered into between you and Jibe (i.e., not Google LLC).

(D) Additionally, you may have access to other tools and services provided byJibe or its affiliates. Any use of such tools and services may be subject toseparate terms and conditions.

(E) Collectively, the General API Terms, any other applicable terms listed inSection 1.1 (Incorporation by Reference), any accompanying API documentation,and any applicable policies and guidelines are part of these RBM Terms. Youagree to comply with these RBM Terms and that these RBM Terms control your relationship with us.

(F) We may refer to Jibe Mobile, Inc. as "Jibe", "we", "our", or"us" in these RBM Terms. Jibe may use its affiliates in connection with theperformance of its obligations and exercise of its rights under these RBM Terms.

(G) These RBM Terms apply to you, your agents, the service provider(s) you workwith, and both your and their employees, representatives, agents, and suppliers(collectively "you" or "Company").

1 Applicable Terms; Modifications

1.1 Incorporation by Reference. To the extent applicable, the followingterms are incorporated by reference into these RBM Terms:

(a) General APIs Terms of Service. The General API Terms will apply to andare deemed part of these RBM Terms. The parties agree (i) RCS Business Messagingconstitutes "APIs", and (ii) these RBM Terms constitute part of the "Terms", aseach such term is defined in the General API Terms.

(b) Acceptable Use Policy. All of your products, services, or materialsintegrated with or used in conjunction with RCS Business Messaging must complywith the Acceptable Use Policy at https://developers.google.com/business-communications/support/aup(or such other URL as we may provide) (“Acceptable Use Policy”).

(c) Data Processing Addendum. The Data Processing Addendum athttps://business.safety.google/processorterms/(or such other URL as we may provide) (the "Data Processing Addendum") willapply to the parties and these RBM Terms when personal data from the EuropeanUnion is processed by Jibe on Company's behalf, and Appendix 2 (SecurityMeasures) of the Data Processing Terms will apply in relation to any personaldata processed by Jibe on Company's behalf.

(d) Terms for Other Product(s). If at any time your services use other Jibeor Jibe-affiliated products or services ("Other Product(s)"), then the termsfor those Other Product(s) will also apply. For example, if you use Google CloudPlatform in the service that you provide through RCS Business Messaging, theGoogle Cloud Platform terms of service will apply in addition to these RBMTerms. The use of third-party products or services is subject to theirapplicable terms..

1.2 Order of Precedence. To the extent there are any conflicts, thefollowing order of precedence will apply:

(a) Other Product(s)' terms of service (for example, Google Cloud Platform);

(b) Acceptable Use Policy;

(d) General API Terms.

1.3 Entire Agreement; All other Terms are Void. These RBM Terms are theentire agreement between you and Jibe relating to its subject and supersede anyprior or contemporaneous agreements on that subject (including any previouslyexecuted early access agreement). We object to any additional or different termsin your terms of service or other documents, including any of your API terms ofservice. Those other terms of service and documents will be considered materialalterations to these RBM Terms and are void.

1.4 Modifications to these RBM Terms. Jibe may make changes to these RBMTerms (including the Policies (as defined below), including any terms relatingpricing or payment from time to time. Unless otherwise noted by Jibe, materialchanges to these RBM Terms will become effective 30 days after they are posted,except if the changes apply to new functionality in which case they will beeffective immediately. If you do not agree to the revised RBM Terms, please stopusing RCS Business Messaging. Jibe will post any modification to these RBM Termsto the Terms URL.

2 Definitions

2.1 "including" means "including but not limited to".

3 RCS Business Messaging

3.1 Modification. Jibe may modify, deprecate, suspend, or discontinue RCSBusiness Messaging, or any of its features, at any time.

3.2 Beta Features. Some features of RCS Business Messaging are identified as"Beta" or otherwise unsupported or confidential (collectively,"Beta Features"). You may not disclose the terms or existence of any non-public Beta Features.

3.3 Minimum Requirements.

(a) Compliance. In order to use RCS Business Messaging, you and your serviceproviders and agents must comply with any applicable requirements described inthe Acceptable Use Policy and any other policies provided to you by Jibe orJibe’s affiliates, including the Communication Services (as defined in theAcceptable Use Policy) policies (the "Policies"). In addition:

(i) Accurate Information. You must provide honest, complete, and accurateinformation in connection with RCS Business Messaging, including to thirdparties.

(ii) Compliance with Policies. You must comply with all applicable Policies.Jibe may reject or remove certain of Your Services or Settings at any time ifyou don't comply with the Policies.

(iii) Compliance Certification. You may be required to certify compliancewith the requirements from time to time, and as may be described in the Policies.

(iv) Access Denial. Access to RCS Business Messaging may be denied if youfail to satisfy the requirements at any time.

(b) Cooperation; Right to Review Spam Activity. You will cooperate if Jibeor its partners seek to gather information about you or Your Services to verifyidentity, confirm compliance with requirements, for quality assurance purposes,or as required to operate RCS Business Messaging. You hereby permit Jibe toreview your activity (including any activity of your RBM agents) and/or end userspam reports associated with your activity, and agree to provide reasonableassistance to Jibe in this regard.

(c) Privacy; Your Terms. You will obtain and maintain any required consentsnecessary to permit the processing of personal data under these RBM Terms. Youwill present or make available to each end user (in relation to RCS BusinessMessaging) an accurate, legally compliant, privacy policy and terms of servicefor your services associated with RCS Business Messaging, including your RBMagents. Such privacy policy and/or terms of service must (i) ensure the end userauthorizes Jibe to conduct the data processing activities contemplated underthese RBM Terms; and (ii) not conflict with or supersede these RBM Terms in anyway.

3.4 Prohibited Actions. In connection with RCS Business Messaging, you willnot, and will not authorize any third party to:

(a) generate automated, fraudulent or otherwise invalid activity (includingqueries, clicks or conversions);

(b) conceal ad- or transaction-related activity that must be disclosed;

(d) collect or use personal and confidential information, such as nationalidentification number or social security number, payment and financial data(e.g., credit card and bank account numbers), log-in credentials, passwords, oranswers to security questions, provided that the foregoing does not exclude theuse of two factor authentication or provision of single use passwords with enduser consent in compliance with applicable law;

(e) use any information about users' online or offline state for any reasonexcept to directly provide the services to the user, and under no circ*mstancesin a manner that may surprise or disturb a user (including sending a promotionor advertisem*nt based on them coming back online); or

(f) use or share user data without specific user consent for the specific use ofthat data.

3.5 Research and Testing; Reports.

4 Resale Right; No Fees; Rights Reserved

4.1 Resale Right. You may resell access and use of RCS Business Messaging tothird parties with whom you have a written agreement that is no less protectiveof Jibe, Jibe's affiliates, and RCS Business Messaging, than as set forth inthese RBM Terms. For clarity, you will remain liable for the acts and omissionsof such third parties.

4.2 No Fees. As between the parties, your use and resale of RCS BusinessMessaging is free of charge; provided that your use of RCS Business Messagingmay be subject to fees charged by telecommunications carriers and/or theiraffiliates.

4.3 Rights Reserved. You acknowledge that Jibe may, at any time, inaccordance with Section 1.4, update these RBM Terms and charge fees for usingand/or reselling RCS Business Messaging.

5 Your Services

5.1 Authorization to Use Your Services. To participate in RCS BusinessMessaging, you authorize Jibe and its affiliates to:

(a) access Your Services and include them in the RCS Business Messaging platform;

(b) distribute Your Services as part of RCS Business Messaging through any Jibe,Jibe-affiliated, or third party product or service (including Jibe products andservices made available on, or integrated with, third-party devices andinterfaces);

(d) use Your Content to provide and improve the RCS Business Messaging platformand related products and services; and

(e) use and disclose information relating to Your Services, including to: (i)meet any applicable legal obligation, including enforceable government requests;(ii) enforce these RBM Terms and investigate potential violations; (iii) detect,prevent, review or otherwise address abuse, fraud, security or technical issues;or (iv) protect against harm to the rights, property, or safety of Jibe, ourusers, or the public as required or permitted by law.

5.2 Your Responsibilities. You are solely responsible for:

(a) Your Services, including any reselling of RCS Business Messaging, includingcustomer service and claims, and communications and reporting among theindividuals and entities involved in providing Your Services;

(b) settings and other decisions you make through the RCS Business Messagingdeveloper console, including those where you were assisted by any Jibe-providedfeatures ("Settings"); and

6 Representations and Warranties

You represent and warrant that:

6.1 Rights in Your Content and Your Services. You have and will retain allnecessary rights to grant the licenses in these RBM Terms and to provide YourServices through RCS Business Messaging;

6.2 Accurate Information. All information, authorizations, and Settings youprovide are complete, correct, and current;

6.3 No Deceptive Practices. You will not engage in deceptive, misleading,and/or unethical practices in connection with Your Services or their promotionand will make no false or misleading representations with regard to Jibe or itsproducts or services;

6.4 Compliance with Laws. You will comply with all applicable laws, rules,and regulations in connection with RCS Business Messaging (including anyapplicable opt-in/opt-out messaging requirements); and

6.5 Authorization to Act. You are authorized to act on behalf of, have boundto these RBM Terms, and will be liable under these RBM Terms for, eachindividual or entity involved in Your Services.

7 Disclaimers

The following disclaimers apply in addition to those in the General API Terms:

TO THE FULLEST EXTENT PERMITTED BY LAW, RCS BUSINESS MESSAGING IS PROVIDED "ASIS," "AS AVAILABLE" AND "WITH ALL FAULTS," AND YOU USE IT (INCLUDING ITSDEVELOPER CONSOLE) AT YOUR (AND ANY SERVICE PROVIDER'S) OWN RISK. NONE OF JIBE,ITS AFFILIATES, OR ITS PARTNERS MAKE ANY WARRANTY OR GUARANTEE IN CONNECTIONWITH RCS BUSINESS MESSAGING OR RESULTS FROM RCS BUSINESS MESSAGING. JIBE MAKESNO PROMISE TO INFORM YOU OF DEFECTS OR ERRORS.

8 Defense and Indemnity

The following defense and indemnity obligations apply in addition to those inthe General API Terms:

You will defend and indemnify Jibe, and its affiliates, directors, officers,employees, and users, against all liabilities, damages, losses, costs, fees(including legal fees), and expenses relating to any allegation or third-partylegal proceeding to the extent arising out of or related to Your Services or anybreach of these RBM Terms by you (including claims made by customers, thirdparties, or your personnel arising out of or related to Your Services).

9 Limitations of Liability

The following limitations of liability apply in addition to those in the GeneralAPI Terms:

YOU WILL NOT ATTEMPT TO HOLD JIBE, ITS AFFILIATES, OR ITS PARTNERS RESPONSIBLEFOR ANY ACTS, ERRORS, OR OMISSIONS BY ANY THIRD PARTY IN CONNECTION WITH RCSBUSINESS MESSAGING, INCLUDING WITH RESPECT TO ANY THIRD PARTY'S ACTIVITIES ONYOUR CONTENT, REGARDLESS OF THE THIRD PARTY'S INTENT.

10 RCS Ecosystem Protection

To the maximum extent permitted by applicable law, you agree that, during theeffective period of these RBM Terms, you will not assert a patent infringementclaim based on or arising from: (i) RCS Business Messaging, (ii) any RBM agentsdeveloped by Jibe, a Jibe affiliate, or any third party for use in connectionwith RCS Business Messaging, or (iii) any messaging platform products andservices used, created, provided or distributed by Jibe or a Jibe affiliate,against Jibe, a Jibe affiliate, or any other entity that has also entered intoan agreement with Jibe or a Jibe affiliate in connection with RCS BusinessMessaging, or any messaging platform products and services used, created,provided or distributed by Jibe or its affiliates. Any breach of this Section10 will be deemed a material breach of these RBM Terms. Upon breach of thisSection 10 all rights and licenses granted hereunder by Jibe will immediatelycease. For the avoidance of doubt, nothing in these RBM Terms prejudices yourright (or the right of your affiliates) to challenge the validity, essentialityand infringement of any patents, the use of which is essential for compliancewith any technical standards.

11 Data Processing

When personal data from outside the European Union is processed by Jibe on yourbehalf:

11.1 You will obtain and maintain any required consents necessary to (i)permit the access, storage, and processing of end user data by Jibe inconnection with RBM, and (ii) permit the access, processing and storage of yourdata provided to Jibe, in each case for the purpose of providing and improvingRBM.

11.2 You acknowledge that Jibe is a data processor, and Jibe may, and youhereby instruct Jibe to, access, store, or use your data or end user data inorder to provide and improve RBM.

11.3 Jibe reserves the right to review your data and end user data forensuring your compliance with these RBM Terms.

11.4 Jibe may process, cache, and store your data and end user data anywhereJibe or its affiliates maintain facilities.

11.5 If you are or become a “Covered Entity” or “Business Associate”, asdefined in the Health Insurance Portability and Accountability Act of 1996 (asit may be amended from time to time) (“HIPAA”), you will not use RBM for anypurpose or in any manner involving “Protected Health Information”, as defined inHIPAA, unless you have received prior written consent to use such from Jibe.

12 Confidentiality and PR

12.1 Definition. "Confidential Information" means information that one party(or an affiliate) discloses to the other party under these RBM Terms, and thatis marked as confidential or would normally be considered confidentialinformation under the circ*mstances. It does not include information thatrecipient already knew, that becomes public through no fault of the recipient,that was independently developed by the recipient, or that was lawfully given tothe recipient by a third party.

12.2 Confidentiality Obligations. The recipient will not disclose theConfidential Information, except to affiliates, employees, agents, orprofessional advisors who need to know it and who have agreed in writing (or inthe case of professional advisors are otherwise bound) to keep it confidential.The recipient will ensure that those people and entities use the ConfidentialInformation only to exercise rights and fulfill obligations under these RBMTerms, while using reasonable care to keep it confidential. The recipient mayalso disclose Confidential Information when required by law after givingreasonable notice to the disclosure, if permitted by law. Notwithstandinganything in these RBM Terms to the contrary, Jibe may notify its carriercustomers and other RCS network operators that you are using RBM.

12.3 Publicity. Except as set out in Section 12.2 (ConfidentialityObligations), neither party may make any public statement regarding these RBMTerms without the other's written approval. Subject to your prior approval ofthe specific text (not to be unreasonably withheld), you agree to participate inindustry announcements regarding RBM and RCS.

12.4 No Limitation of Liability. Notwithstanding anything to the contrary,the second sentence of Section 9(b) of the General API Terms (“To the extentpermitted by law, the total liability of Google...”) does not apply to Section12.2 (Confidentiality Obligations) of these RBM Terms.

Previous versions

October 20, 2023
November 15, 2022
November 01, 2019
January 31, 2018
May 25, 2018

Terms of Service for RCS Business Messaging | RCS Business Messaging Developer Docs | Google for Developers (2024)