Rules, conditions and tariffs for sending messages to Viber Messenger

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Last Updated: 06.12.2022

Rules, conditions and tariffs for sending messages to Viber Messenger

1. Terms and definitions

  • Service shall mean providing the Customer with the opportunity to send Messages to Users in the Viber Messenger;
  • User shall mean an individual using the Messenger, who has duly given his consent to receive Messages on his device;
  • Message shall mean any visual, text data, hyperlinks or other materials that can be sent to Users of the Viber Messenger, the maximum length of one Message is 1000 (One thousand) characters;
  • Viber shall mean a hardware and software complex of Viber Media S.à r.l., which provides the ability to process and send Messages to Users on devices on which the Messenger is installed;
  • Messenger shall mean software installed on the User’s device for sending and receiving the Messages from Viber;
  • SPAM shall mean a message received from the Customer, sent to a person without his prior consent, recognized by the User as SPAM and blocked by him, as well as information that is not related to the subject of the Terms to which these Rules are an integral part;
  • Signature shall mean identifier of the sender of the Message in the Messenger. The logo (or trademark) together with the symbolic name of the Customer, up to 20 characters in length, is used as the identifier of the sender of the Messages;
  • Message Template shall mean a pre-created in accordance with the policy of Viber Media S.à r.l. format for a standard message that the Customer plans to send to Users. Used to differentiate the types of Messages sent;
  • The policy of Viber Media S.à r.l. shall mean the current terms and conditions and/or policies that apply to each user or organization using the Messenger and available;
  • Operator shall mean a legal entity that provides the User with telecommunications services on the basis of an appropriate license and an agreement concluded with the User, under which the User is provided with a mobile phone number and/or Internet access services based on the terms of such services;
  • Service provision period shall mean the period of time during which the Contractor provides the Customer with Services on the conditions of these Rules.

Unless otherwise provided by these Rules, Service provision period begins from the date specified in the notice of connection of the Customer’s account / service for sending messages to the Viber Messenger and from the date of acquiring the License according to the Terms;

  • Reporting period shall mean 1 (one) calendar month.

Other terms used in these Rules are determined in accordance with the legislation of the Republic of Cyprus.

2. Cost of Services and payment procedure

2.1. The cost of Services for the Reporting period is calculated in accordance with the volume of Services (with applicable Minimum monthly Fee) and the Tariffs, which are set by the Contractor in the Customer’s Dashboard.

2.2. Payment for the Services is made in the manner prescribed by the Terms.

3. Messages Forming

3.1. The provision of the Service is carried out on the basis of the Terms concluded between the Customer and the Contractor.

3.2. At least 7 (seven) days prior to the start of using the Service, the Customer sends the Contractor a completed Signature registration form, which will be used and displayed when sending Messages to the Messenger.

3.3. The Customer may register Message Templates if it’s desired. To do this, at least 10 (Ten) business days before the date of the planned sending, the Customer forms and sends the Templates to the Contractor. The Contractor, within 7 (seven) business days from the date of receipt, coordinates the Templates. If the Templates do not comply with the requirements of the law, the terms of these Rules and the Policy of Viber Media S.à r.l., the Contractor returns the Templates to the Customer for revision, indicating the reasons for the return.

3.4. When using the Service, the Customer independently, without the participation of the Contractor, determines the content of the Messages, determines the list of Users to whom they will be sent and their telephone numbers.

3.5. The maximum length of one Message cannot exceed 1000 (one thousand) characters.

3.6. The waiting time for the delivery of a Message to the User is determined on the Customer’s side in the range from 30 seconds to 24 hours. If this delivery parameter is not defined by the Customer, then the waiting time is automatically set to 24 hours.

3.7. Detailed rules for generating Messages are described in the specifications of the interaction interfaces, which can be provided to the Customer upon request.

4. Messages forwarding

4.1. To send Messages to the Contractor, the Customer uses the Dashboard or integration tools provided in the form of API.

4.2. To send Messages, the Customer provides the Contractor with access to the Dashboard and / or connection parameters via the API.

4.3. When transmitting to Viber the Message received from the Customer, its integrity and unchanged content must be preserved.

4.4. The Contractor provides the Customer with real-time reports on delivered and undelivered Messages via the Internet using the Dashboard.

5. Mode of provision of the Service

5.1. The service is provided around the clock every day (24 hours a day, 7 days a week, 365 days a year).

5.2. The Contractor is not responsible for interruptions in the provision of the Service that occurred as a result of power supply problems, fires, acts of terrorism and other force majeure circumstances, as well as a result of circumstances arising from the fault of Internet service providers, Operators or Viber Media S.à r.l.

5.3. The Contractor has the right to temporarily suspend the provision of the Service for technical work with the System, provided that the Customer is informed at least 1 (One) calendar day before the date of their commencement.

6. Guarantees of the Customer

There is a clear understanding between the Parties that the Services are provided subject to the provision by the Customer of the following guarantees:

  • The Customer guarantees compliance with the Rules for the provision of Services, and also undertakes to timely and fully provide the Contractor with reasonably requested copies of documents confirming the Customer’s right to use the Services in accordance with the legislation of the Republic of Cyprus.
  • The Customer undertakes not to use the Services to transmit or receive materials that are rude, offensive, humiliating or threatening, in violation of copyright and other rights, or materials that are contrary to applicable Cyprus or international law.
  • The Customer undertakes not to use the Services to disseminate unnecessary information to the User, not requested by the latter, information of the SPAM type.

Sending information to Users who have previously expressed a clear unwillingness to receive this information is a material breach of the Rules for the provision of Services and entails the responsibility of the Customer in accordance with the conditions of the Terms, up to the suspension of the provision of Services and the payment of penalties established by the Terms.

7. Service Message Content/Unsolicited traffic

7.1. The Customer undertakes that it will not knowingly use the Services for any illegal, immoral or improper purpose or in any manner which contravenes applicable laws and codes, regulatory requirements of the appropriate jurisdiction or the Contractor requirements.

7.2. The Customer undertakes that it will send Messages to the Users that consented to receive such Messages by opting in or actively registering with the Customer for the receipt of such Messages. The Customer shall preserve opt-in data and shall present such data to the Contractor when requested by the Contractor.

7.3. The Customer shall maintain and update the content to ensure that any content used in the Messages meets the following terms and is not in violation of any applicable laws or regulations. The Customer will not use any of the following:

  • content which infringes or violates any rights, including any intellectual property rights of a third party;
  • content which is or may considered to be abusive, discriminating, harassing, including harassment or discrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, and mental disability, medical condition including genetic characteristics, marital status, sex, age, sexual orientation, veteran status, or any other characteristics protected by law;
  • content which is illegal by any applicable laws or regulations;
  • content that contains or transmits viruses, worms, defects, Trojan horses, or any malicious code; and/or
  • content that falsely expresses or implies that such content is sponsored or endorsed by Viber Media S.à r.l..

7.4. The Customer acknowledges and agrees that the Contractor has no control over the content which passes through the use of the Services and that the Contractor does not examine the use of such content or the nature or the sources of the content. The Contractor shall not be liable for the content or any other material transmitted by the Customer or anyone else using the Services, including but not limited to, Users.

7.5. The Customer shall not send unsolicited traffic or knowingly transfer Messages that are classified as SPAM to the System. The Customer shall ensure that the Customer’s agreements with its Users contain clauses that prohibit the sending of unsolicited traffic. The Customer shall use reasonable efforts to prevent unsolicited traffic from reaching the System:

i. The Contractor shall have the right to block the Customer from sending Messages immediately upon violation of this provision.

ii. The Contractor shall have the right to refuse sending Messages from a specific entity or to a specific destination or territory at the Contractor’s sole discretion.

7.6. Should unsolicited traffic nonetheless be sent by the Customer, any of the Customer’s Users to the System, the following actions shall be taken: (i) the Party finding that unsolicited traffic has been sent shall use reasonable efforts to immediately contact the other Party informing that unsolicited traffic has been sent; (ii) the Parties shall immediately initiate reasonable efforts to work in good faith and exchange information (with timestamp, content, destination number, Message IDs and originator) in order to determine the source of the unsolicited traffic as soon as possible after the incident; (iii) the Customer shall immediately terminate the connection with Customer’s User that has originated the unsolicited traffic and shall ensure that such User is extracted from the list of numbers to whom the Services shall be provided to through the System; and (iv) following such efforts, and if the unsolicited traffic continues to be sent, The Contractor may terminate these Terms immediately.

7.7. In addition to any other remedies that the Contractor may have, the Contractor shall have the right to immediately suspend all or any part of the Services if the Contractor has reason to suspect fraudulent, unlawful or unauthorized use of the Services by the Customer or its or the Customer’s Users until such prohibited conduct has ceased pursuant to this Section 7 hereof.

8. Other terms

8.1. In all other respects that are not provided for by these Rules, the Parties are guided by the provisions of the Terms.

8.2. These Rules comes into force from the date of the acceptance of the Terms and is valid for the duration of the Terms.