Atmosphere® Messaging allows a Customer to transmit, store and retrieve text messages via APIs of the IntelePeer Atmosphere ® CPaaS platform applications to messaging networks from all over the world. Text messages can be routed between endpoints for cloud-based messaging services, wireless services or enterprises, which are able to send and receive messages. This documentation will help you understand general function of Messaging and other product related details.
Some terminology on messaging and media that make up our Messaging service:
IntelePeer will grant Customer access to its IntelePeer Customer Portal, or the supporting application protocol interface (“API”), for Customer to enable its telephone numbers obtained from its Atmosphere® CPaaS Services (“Messaging Enabled Numbers”), to send and receive any messages delivered via Atmosphere® Messaging, and to track delivery analytics provided therein.
For messages transmitted via Atmosphere® Messaging, IntelePeer will retain: (i) the messages in their entirety (message detail record and content) for no longer than thirty (30) days from successful processing to assist with addressing any support or technical issues; and (i) the message detail record for no longer than three (3) years (“Message Retention Schedule”). Notwithstanding the Message Retention Schedule, Customer will be solely responsible for retaining any messages or message detail records necessary to ensure its compliance with all applicable laws.
To protect our network and connections with underlying providers for this Service, IntelePeer will employ throttling on outbound Messages consistent with industry standards and guidelines, as set forth at https://www.intelepeer.com/products/documentation/sms/message-throttling/ IntelePeer reserves the right to employ any other throttling measures, including without limitation restricting the number of messages per number per day, as IntelePeer deems necessary in its sole and reasonable discretion.
Customer may lease or migrate a Short Code pursuant to these terms. Given the nature of Short Codes, any of the governing terms may change from time to time without notice. Any lease for Short Codes will be set forth in the order, but under no circumstances will be less than a three (3) month Service Term, which auto-renews for an additional three (3) months, until either the Customer or IntelePeer provides notice to the other Party of its intent not to renew such Service Term at least thirty (30) days in advance of the scheduled expiration of the then-current Service Term.
Carriers may cancel assigned Short Codes, Alphanumeric Codes and Long Codes without notice due to inactivity for extended periods of time, which is generally ninety (90) days. If cancelled for inactivity, Customer must submit a new application, and pay all required set-up fees, leasing fees, carrier campaign filing registration fees, and submit all required carrier approval forms again. IntelePeer makes no assurances that the Short Code application from Customer will be accepted by the Carrier(s), or that any Carriers will maintain connectivity with IntelePeer for Short Codes.
IntelePeer may charge for applications or filings for short messaging service (“SMS”) Short Codes separately from those for multi-media messaging service (“MMS”), unless Customer notifies IntelePeer in writing at the time of the application or filing that the application or filing should be made together.
If Customer wants to set-up an FTEU program, you must indicate this Free to End User (“FTEU”) Program in your application. Approval into a FTEU Program does not create any liability for IntelePeer related to the content of the messaging or the Customer’s use of the Services. Only messages sent as part of the approved FTEU Program will be free to Customer’s subscribers. Standard data rates will apply if a user clicks any link within the message.
IntelePeer will calculate all Rates for Atmosphere® Messaging on a per-message basis for any message received into the IntelePeer platform, regardless of the successful delivery of the message or whether IntelePeer has blocked the message pursuant to this Attachment. Any messages completed to jurisdictions not expressly governed by the Attachment will be charged at IntelePeer’s standard rack rate, which may change from time to time without notice.
For messages that can be encoded as single byte characters, the message length maximum is one hundred and sixty (160) characters. If a message requires the use of double byte characters or characters outside of GSM 03.38, then the message length maximum is seventy (70) characters. The delivery Carrier will break messages longer than those character limits into fragments using the aforementioned lengths after allocating seven (7) bytes for each message fragment needed. IntelePeer may charge for any message sent containing characters not within the standard GSM character set at the international rates. A fragment is considered a single message for billing purposes.
IntelePeer will provide Rates from IntelePeer for Atmosphere® Messaging as outlined in Customer’s IntelePeer Solution Summary. IntelePeer will invoice Customer for any and all required set-up fees, leasing fees, migration fees, and carrier campaign filing registration fees, and submit all required carrier approval forms.
IntelePeer will also invoice Customer for all fees assessed by Carriers per message and per filing on a pass-through basis (“Carrier Fees”).
Notwithstanding anything in the Agreement to the contrary, any Carrier Fees, any FTEU Rates, or applicable international Rates are subject to change from time to time without notice to Customer.
Customer will order Atmosphere® Messaging by expressly authorizing and enabling the Service in the IntelePeer Customer Portal, or the supporting API, to enable the Messaging Enabled Number, which will result in the registration of such Messaging Enabled Numbers for messaging. Such authorization will require Customer to ensure that the Messaging Enabled Numbers used in Atmosphere® Messaging are provisioned on behalf of legitimate owners of the telephone numbers.
Customer acknowledges that delivery time for messages using Atmosphere® Messaging depend on various factors associated with the third-party Carrier networks used to deliver messages, including without limitation their default practices on discarding undelivered messages.
Though IntelePeer utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, Customer acknowledges that text messages are transmitted unencrypted when traversing the Public Switched Telephone Network via the Carriers. IntelePeer does not guarantee the security or integrity of the personal information in transmission or storage with Atmosphere® Messaging. Customer agrees to communicate all such sensitive information by a different protected or encrypted method.
Customer’s use of the Short Codes is subject to specific requirements of the supported Carriers (as set forth at https://www.intelepeer.com/docs/short-codes-what-you-need-to-know/, including (i) type, content and permitted time of sending of messages; (ii) prohibition of certain types of message originators; (iii) pre-approval of messaging campaigns; and (iv) pre-approval of key words used in response to messages sent to Short Codes. Given the nature of these Carrier requirements, Customer acknowledges that IntelePeer cannot include specific details in this Attachment and that the requirements may change from time to time without any notice but agrees to comply with such requirements at all times.
Short Codes are currently available with respect to subscribers of carriers in certain countries, pursuant to Short Code Availability IntelePeer may update this list from time to time, without additional notice to the Customer.
Customer agrees to not change its use of any leased Short Code from the use stated in its application for approval of the Short Code without first amending its application for the new use. IntelePeer reserves the right to remove service for any Short Code, Alphanumeric Code or Long Code that deviated from its approved use.
Each quarter Customer will provide IntelePeer a non-binding forecast of its number of messages, message traffic patterns and peak messages per second for any messages transmitted via Short Codes and notify IntelePeer immediately of any anticipated increases in volume of forecasted messages. Failure to provide such notice may result in additional charges.
Customer shall exclusively use Alphanumeric Sender ID from SMS originators that have individually and expressly authorized it in writing or by other means. At any moment during the duration of the Agreement and upon request of a third party, IntelePeer shall be entitled to require customer to provide evidence and demonstration of such authorizations granted by the SMS originators. In the event customer is not able to provide such evidence in a commercially reasonable amount of time, IntelePeer may suspend or end the Agreement without prior notice.
Spamming, spoofing, smishing or any other type of fraudulent activity is strictly forbidden and may result in suspension or termination of the Agreement without prior notice.
Customer indemnifies and holds IntelePeer harmless, and agrees to pay promptly on demand, against any and all third party claims, losses, damages, liabilities, costs, expenses, fines and penalties (including without limitation reasonable legal fees and costs) incurred by IntelePeer as a result of, or in connection with any non-compliance with the terms of this clause.
Customer agrees to: (i) only designate as an FTEU Program only if the Program is truly free to the user as explained clearly to them when signing into the FTEU Program; (ii) not use any billing service other than as expressly permitted by the applicable Carrier(s); (iii) communicate, when marketing its FTEU Program, that users will pay all associated roaming fees which may be applicable; (iv) not to offer abbreviated dialing codes or Interactive Voice Response (“IVR”) systems for its FTEU Program without prior written approval; (v) obtain approval from Carriers in advance if Customer plans to have more than one FTEU Program on any given FTEU Short Code; (vi) only use a toll-free number if telephone support is the exclusive method of contact for customer service; and (vii) comply with the Advertising Guidelines at https://www.intelepeer.com/es/docs/guia-de-publicidad/.