5.1. Commitment to Saudi Arabian Regulations
The Customer shall refrain from sending any messages containing content that violates any applicable regulations, including but not limited to the content of any links included within the message text.
5.2. One-Time Password (OTP) Messages
When sending Short Message Service (SMS) messages containing One-Time Passwords (OTPs), the Customer must include a clear explanation of the reason for sending the OTP in the message text and shall not rely solely on sending the code.
5.3. Sender Name Classification
The Customer shall fully comply with the correct classification of the sender’s name as designated for Short Message Service (SMS), and shall refrain from any misuse thereof, such as sending promotional messages using a service sender name or sending service messages using a promotional sender name.
5.4. System-to-System Promotional Messages
The Customer shall refrain from sending promotional campaign messages through system-to-system (S2S) integrations from its systems to the systems of SMS service providers, including Unifonic’s system.
5.5. Promotional Messages
Before sending any promotional messages to End Users, the Customer shall:
5.5.1. Provide End Users with an explicit option to consent to receiving promotional messages. Implied consent via privacy policies or service agreements shall not be deemed valid. The burden of proving such consent shall rest with the sender.
5.5.2. Enable End Users to request the cessation of promotional messages at any time, via traditional or electronic channels.
5.5.3. Cease sending any promotional messages within twenty-four (24) hours of receiving a stop request.
5.5.4. Send a confirmation notification upon the activation or deactivation of promotional messaging in response to such requests.
5.6. Awareness Messages
Before sending awareness messages to End Users, the Customer shall:
5.6.1. Coordinate with the relevant authorities prior to sending awareness messages.
5.6.2. Include the official sender name in the message text.
5.6.3. Ensure that the number of messages sent from a sender to a single user does not exceed one message per day, or as otherwise determined by the competent authority.
5.6.4. Refrain from sending promotional or awareness messages between 10:00 PM and 9:00 AM daily, and during the holy month of Ramadan from 1:00 AM to 12:00 PM, in accordance with the Kingdom’s local time.
5.7. Use of Personal Numbers
The Customer is strictly prohibited from sending promotional SMS messages using a personal or mobile phone number.
5.8. Prohibited Tools and Practices
The Customer shall not use random attack programs, address-harvesting software, or email addresses obtained through such tools. The Customer is prohibited from sending intrusive or unsolicited messages, or any messages that violate applicable laws.
In the event of such violation, Unifonic reserves the right to immediately suspend the provision of Services without prior notice to the Customer.
5.9. SPAM Messages
The Customer shall not send SPAM messages. If the Customer sends any SPAM messages, Unifonic reserves the right to suspend the Service immediately and without prior notice.
5.10. Cooperation and Access
During the Term, the Customer shall provide Unifonic with:
5.10.1. All necessary cooperation in relation to these Service-Specific Terms; and
5.10.2. All necessary access to information as may be required by Unifonic.
5.11. Compliance and Obligations
As required by Applicable Law, any Regulatory Authority, these Service-Specific Terms, or an Operator, including but not limited to requirements related to data, security access, or configuration services, the Customer shall:
5.11.1. Carry out all Customer responsibilities set out in these SMS Terms and Conditions in a timely and efficient manner;
5.11.2. Ensure that Authorized Users use the SMS Services and the Unifonic Platform in accordance with these Terms and any other applicable conditions required by Unifonic. The Customer shall be liable for any breach by its Authorized Users.
5.12. Suspension of Service
Unifonic reserves the right, without liability or prejudice to its other rights, to disable or suspend the Customer’s access to the SMS Services or Unifonic Platform in the event of any material breach (or potential material breach) of this Agreement, including but not limited to non-payment. Unifonic shall make its best efforts to provide prior notice where practicable.
5.13. Unauthorized Access
The Customer shall use all reasonable endeavors to prevent any unauthorized access to, or use of, the SMS Services and/or Unifonic Platform. In the event of such unauthorized access or use, the Customer shall immediately notify Unifonic.
5.14. Liability for Regulatory Penalties
In the event that the Customer breaches any provision of this Agreement and such breach results in the imposition of a fine, penalty, or sanction on Unifonic by the Communications, Space & Technology Commission (CST), Unifonic shall be entitled to recover from the Customer the full amount of such fine, penalty, or sanction, together with all related costs, including without limitation legal fees, attorney fees, and any other expenses incurred in connection therewith.