In addition to minor revisions of the text of the BulkSMS Terms and Conditions, we have also made some changes to the following documents incorporated into the BulkSMS Terms and Conditions: (1) the BulkSMS Privacy Policy, (2) the BulkSMS Applicable Laws and Additional Terms and (3) the BulkSMS Service Credits and Refunds Policy.
Updates to the BulkSMS Terms and Conditions
The following paragraphs of the BulkSMS Terms and Conditions were revised, noting that “N/A” denotes that a paragraph did not appear in the previous version of the BulkSMS Terms and Conditions.
| Para # (current) | Para # (outdated) | Summary of revisions |
| 1 | 1 | Included reference to other Service-specific terms and conditions in first paragraph of the Introduction. |
| 2.1 | 2.1 | Clarification of the term territory to refer to where a client’s principal place of business is located. |
| 2.1 | NA | Inclusion of a new definition of Instant Messaging to incorporate instant messaging services as a category of service within the terms and conditions. |
| 2.1 | 2.1 | Expanded the definition of a message to include instant messaging. |
| 6.1 | 6.1 | Included reference to Platform Providers alongside Network Providers and removed reference to the fact that RCS messaging is only available on Android devices. |
| 6.6 | 6.6 | The inclusion of a provision that applies to the termination of a service which was purchased as part of a subscription service. |
| 6.7.5 | 6.7.5 | For the USA, a qualification that a premium rated service is an SMS service. |
| 10.1 | 10.1 | The inclusion of reference to subscription services, instant messaging services, and platform partners. |
| 10.2 | 10.2 | The inclusion of instant messaging within the services for which purchases are payable. |
| 10.3 | 10.3 | The inclusion of reference that supplementary pricing may be applicable for some services. |
| 15.4 | 15.4 | The inclusion of reference to instant messaging services as part of the main business of the company. |
Updates to the BulkSMS Privacy Policy
The following paragraphs of the BulkSMS Privacy Policy were revised, noting that “N/A” denotes that a paragraph did not appear in the previous version of the BulkSMS Privacy Policy.
| Para # (current) | Para # (outdated) | Summary of revisions |
| 3 | 3 | In the section on API’s and Third-Party Processing, paragraph 2 - subprocessors: The inclusion of reference to the subprocessors that BulkSMS makes use of for processing data on behalf of BulkSMS, including a link to the list of subprocessors on the BulkSMS website. |
| 3 | 3 | In the section on API’s and Third-Party Processing, paragraph 4 – RCS Business Messaging service: Replaced the word “Android” with “mobile” to denote that RCS is available on Android and Apple (and other) devices. Removed reference to Dotgo as an upstream provider and added reference to Google as a platform provider to align with the amendment in BulkSMS Applicable Laws and Additional Laws. Included the full URL to the BulkSMS Applicable Laws and Additional Laws document. |
| 3 | NA | In the section on API’s and Third-Party Processing, paragraph 5 – WhatsApp Business API: Included a new paragraph to incorporate provisions for sharing data with Meta as a platform provider when making using of the WhatsApp Business API service. |
Updates to the BulkSMS Applicable Laws and Additional Terms
The following paragraphs of the BulkSMS Applicable Laws and Additional Terms were revised, noting that “N/A” denotes that a paragraph did not appear in the previous version of the BulkSMS Applicable Laws and Additional Terms.
| Para # (current) | Para # (outdated) | Summary of revisions |
| 4 | 5 | In the table, moved the section on Premium Rate Service Numbers from the end of the document to the section below SMS Messaging. |
| 5 | 4 | In the RCS Business Messaging section, removed reference to Dotgo as an upstream provider. The terms for Google, as the platform provider, remain in place. |
| 6 | N/A | The inclusion of the WhatsApp Business API service and the applicable Meta’s terms that apply to the use of the service. |
Updated BulkSMS Service Credits and Refunds Policy
The following paragraphs of the BulkSMS Service Credits and Refunds Policy were revised, noting that “N/A” denotes that a paragraph did not appear in a particular version of the BulkSMS Service Credits and Refunds Policy.
| Para # (current) | Para # (outdated) | Summary of revisions |
| All | N/A | Sub-headings for paragraphs were applied to the document. |
| 1 | N/A | Inclusion of a new introductory section indicating the purpose of the refunds policy and distinguishing pre-paid services from subscription services. |
| 3 | N/A | Inclusion of provisions for subscription services. |