Service Terms for Business Chat

The following Service Terms are in addition to the Terms of Use and apply to any use of of Apple's Business Chat service, or BCS. In the event of a conflict between these Service Terms and the Terms of Use, these Service Terms shall control.

1. Definitions

In addition to the definitions found in the Terms of Use, the following definitions apply whenever capitalized in these Service Terms:

"Authorized Developers" means Your employees, contractors or authorized representatives of Your business who (i) each have an active and valid Apple ID, (ii) have a demonstrable need to know or use the BCS Materials in order to develop and test Your BCS Application and (iii) to the extent such individuals will have access to Apple Confidential Information, each have binding agreements with You to protect the unauthorized use and disclosure of such Apple Confidential Information.

"Business Chat" or "BCS" means the services, Program or BCS Materials that Apple may provide or make available through Apple's Business Chat service, a BCS account or a CSP account, including any Updates (if any) that may be provided to You by Apple.

"Business Chat API(s) " or "BCS API(s)" means the application programming interface(s) documented by Apple in the Documentation and which are contained in the Apple Products.

"Business Chat Application" or " BCS Application" means one or more software programs (including extensions, media and libraries that are enclosed in a single software bundle) developed by You in compliance with the Documentation, Guidelines and the Service Requirements under Your own trademark or brand and for specific use with the Apple messaging app service currently branded as Messages, including bug fixes, updates, upgrades, modifications, enhancements, supplements to, revisions, new releases and new versions, regardless of the branding.

"Business Chat ID" or "BCS ID" means the BCS identifier assigned to each of your BCS or CSP accounts that enables access to and use of BCS.

"Business Chat Materials" or " BCS Materials" means the Documentation, BCS Software, tools, certificates, data, and other materials provided to You by Apple through BCS.

"Business Chat Message" or " BCS Message" means a message that is received or sent by You using BCS.

"Business Chat Software" or "BCS Software" means any software, tools, or BCS APIs that Apple provides to You to implement BCS in Your business, including any Updates thereto (if any) that may be provided to You by Apple from time to time.

"Customer Service Platform" or "CSP" means a system that facilitates the exchange of BCS Messages or that enables the use of a BCS Application.

"Documentation" means any technical or other specifications or documentation that Apple may provide to You for use in connection with BCS.

"Guidelines" means the BCS usage guidelines set forth herein and at developer.apple.com/business-chat, and/or the other guidelines published at register.apple.com as well as the Business Chat CSP & Brand Media Guidelines and the Conversation Design Guidelines.

"Program" means the overall Apple development, testing, digital signing and distribution program contemplated in these Service Terms.

"Service Requirements" mean the technical, human interface, design, product category, security, performance and other criteria and requirements specified by Apple, including but not limited to the current set of requirements set forth at register.apple.com and developer.apple.com/business-chat/, as they may be modified from time to time by Apple in accordance with the Terms of Use and/or these Service Terms.

"Updates" means bug fixes, updates, upgrades, modifications, enhancements, supplements, and new releases or versions of any part of BCS.

2. Use of Business Chat and Integration

2.1 Use of Business Chat

You are permitted to participate in the Program and use BCS only as expressly permitted in the Terms of Use and the Service Terms, in accordance with the Service Requirements, Guidelines and all applicable laws and regulations (including all intellectual property laws). You may access BCS only via the BCS APIs and only if You have been assigned a BCS ID by Apple. CSPs must be approved by Apple and may not promote their BSC-related services until approved. You understand that You will not be permitted to access or use BCS after any expiration or termination of these Service Terms. Further, BCS may not be made available to all users of Apple Business Register. Apple reserves the right to not provide (or to cease providing) BCS to any or all users at any time in its sole discretion.

2.2 Integration and CSP Access

You may choose to integrate directly with BCS itself, or select an approved CSP (i.e., a CSP that is authorized by Apple to provide access or services related to BCS) to integrate with BCS on Your behalf, including administering Your business's account and profile. You understand and agree that Apple and Your CSP may share Your information with each other to enable Your CSP to provide services for You under the Program. You are responsible for your relationship with Your CSP. Any actions undertaken by a CSP on Your behalf in relation to providing or administering BCS, sending or receiving BCS Messages or other activities under these Service Terms shall be deemed to have been taken by You as well as by the CSP, and You, in addition to the CSP, shall be responsible to Apple for all such actions or inactions. In the event of any actions or inactions by the CSP that would constitute a violation of these Service Terms or otherwise cause any harm, Apple reserves the right to require You to cease using any such CSP. You acknowledge and agree that Apple will have no responsibility or liability for the actions or inactions of any registered CSP that You may elect to work with in connection with BCS, and Apple will not be a party to any agreement between You and any such CSP.

2.3 Messages

You understand and agree that Your implementation of BCS may require access to iMessage Apps found at developer.apple.com, which is subject to the terms of use of iMessage Apps or the Apple Messages App. You understand and agree that BCS Messages You send using BCS must be sent from Your assigned BCS ID and you will ensure that Your BCS Messages are sent under Your own name, trademark or brand (i.e., a user should know that the communication is coming from Your business), unless You are acting as a registered CSP with respect to such BCS Messages, in which case the BCS Messages must be sent using the BCS ID of the business for whom You are acting as a CSP, along with any other identifiers required in the Documentation. You agree not to misrepresent or impersonate another business or entity or otherwise mislead BCS users about the origin or originator of the BCS Message. You further agree not to disable, override or otherwise interfere with any Apple-implemented notices, consent panels or any Apple system preferences used to administer and/or provide BCS functionality.

2.4 In-App Purchase API

You understand and agree that use of the In-App Purchase API in BCS is subject to the terms and conditions of the Apple Developer Program License Agreement.

2.5 Apple Pay

You understand and agree that integration of Apple Pay and any Apple Pay transactions within BCS is subject to the applicable Apple Pay terms and conditions on the developer.apple.com/apple-pay website, or other such terms and conditions that are applicable to You.

2.6 Availability

You understand and agree that in order to provide BCS and transmit BCS Messages, Apple may transmit across various public networks, in various media, and modify or change the format of BCS Messages to comply with the technical and other requirements for connecting to networks or Apple's Messages App on Apple devices. You acknowledge and agree that BCS is not, and is not intended to be, a guaranteed or secure delivery service, and You shall not use or rely upon it as such. You agree to handle any information You receive through BCS from users. Further, as a condition to using BCS, You are solely responsible for any permitted collection, transmission, maintenance, processing or use of sensitive, personal or confidential information belonging to an individual (e.g., Apple ID, a social security number, financial account or transactional information or any information where the individual may have a reasonable expectation of secure transmission) as part of any BCS Message, and You agree to comply with all applicable local government regulations and laws, notice or consent requirements with respect to any collection, transmission, maintenance, processing or use of a user's personal information. Apple may provide Updates from time to time but is not required to provide Updates under these Service Terms.

3. Business Chat Software

3.1 Internal Use License

Apple may provide access to BCS Software by or through the Program for You to use with BCS. You agree to access such BCS Software only through the Program web portal (which is accessed through Apple Business register) or through Apple-branded web sites that support the Program. You agree not to create or attempt to create a substitute or similar service through use of or access to the Program.

Your use of certain BCS Software may require additional license terms. If additional license terms are not presented to You, subject to the terms contained herein, Apple hereby grants You a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable license to:

(a) install a reasonable number of copies of the BCS Software provided to You under the Program to be used internally by You, Your CSP or Your Authorized Developers for the sole purpose of developing or testing Your BCS Application; and

(b) make and distribute a reasonable number of copies of the Documentation to Your CSP or Authorized Developers for their internal use only for the sole purpose of developing or testing Your BCS Application, except as otherwise expressly permitted in these Service Terms.

3.2 Copies

You agree to retain and reproduce in full the Apple copyright, disclaimers and other proprietary notices as they appear in all copies of the BCS Software that You are permitted to make under these Service Terms.

3.3 No Other Permitted Uses

Except as otherwise set forth in herein, You agree not to rent, lease, lend, upload to or host on any website or server, or sell, redistribute, or sublicense BCS or the BCS Software, in whole or in part, or to enable others to do so. You may not use BCS, the BCS Software or any other services provided hereunder for any purpose not expressly permitted by these Service Terms, including any applicable Service Requirements and Guidelines. You may not and You agree not to, or to enable others to, copy (except as expressly permitted under these Service Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, decrypt, or create derivative works of the BCS Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components or sample code included with the BCS Software). You agree not to exploit any BCS Software provided hereunder in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, or by harvesting or misusing data provided by such BCS Software. Any attempt to do so is a violation of the rights of Apple and its licensors of the BCS Software. If You breach any of the foregoing restrictions, You may be subject to prosecution and damages. All licenses not expressly granted herein are reserved and no other licenses, immunity or rights, express or implied are granted by Apple, by implication, estoppel or otherwise. These Service Terms do not grant You any rights to use any trademarks, logos or service marks belonging to Apple, including but not limited to Apple, Apple Pay, Apple's iMessage, iPhone, iPad, iOS, Watch, watchOS, Mac, iMac and macOS word marks. If You make reference to any Apple Products or use Apple's trademarks, You agree to comply with the published guidelines at www.apple.com/legal/trademark/guidelinesfor3rdparties.html, as they may be modified by Apple from time to time

4. Your Acknowledgements

4.1 Modifications to Business Chat

You acknowledge and agree that Apple may at any time, and from time to time, with or without prior notice:

(a) modify BCS, including changing or removing any feature or functionality;

(b) modify, deprecate, reissue or republish BCS or the BCS Materials; or

(c) make changes to these Service Terms, the Service Requirements and/or the Guidelines, as communicated to You through Apple Business Register, email or other written means.

You understand that any such modifications may require You to change or update Your BCS Application, systems or services used to implement and provide BCS at Your own cost. Apple has no express or implied obligation to provide, or continue to provide, BCS and may suspend or discontinue all or any portion of BCS at any time. Apple shall not be liable for any losses, damages or costs of any kind incurred by You or any other party arising out of or related to any such service suspension or discontinuation or any such modification of BCS or the BCS Materials.

4.2 Responsibility

Apple provides BCS to You for Your use as a registered business and/or CSP to receive or send messages to users and does not provide BCS directly to any Apple Messages app user. You acknowledge and agree that messages are deemed to be sent by You, not Apple, to the Apple Messages app user and You are solely liable and responsible for any data or content transmitted therein and for any such use of BCS.

4.3 Availability

Apple makes no guarantees in relation to the availability or uptime of BCS and is not obligated to provide any maintenance, technical support or other support for BCS. Apple reserves the right to remove Your access to BCS, limit Your use of BCS or revoke Your BCS ID at any time in its sole discretion without any liability, obligation to provide notice or an opportunity to cure any deficiency. You understand there may be storage capacity, transmission and/or transactional limits that govern use of BCS. If You or Your Apple Messages app user reaches such limits, then You or Your Apple Messages app user may be unable to use BCS or may be unable to access or retrieve data from BCS. The Service is not available in all countries and Apple makes no representation that it will be available for use in any particular location. To the extent You choose to access and use BCS, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to local laws.

4.4 Fees Charged by You

You agree not to charge any fees solely for access to or use of BCS. Further, You agree not to create or attempt to create a substitute or similar service to BCS through use of or access to BCS.

4.5 Collection of Information by Apple

Apple may monitor and collect information (including but not limited to technical and diagnostic information) about Your usage of BCS to aid Apple in improving BCS and other Apple Products; provided however, that Apple will not access or disclose the content of Your BCS Messages unless Apple has a good faith belief that such access or disclosure is reasonably necessary to (i) comply with legal process or request, such as may be required under court order; (ii) enforce the terms of these Service Terms, including investigation of any potential violation hereof; (iii) detect, prevent or otherwise address security, fraud or technical issues; or (iv) protect the legal rights or safety of Apple or the public as required or permitted by law.

4.6 Indemnity

Upon Apple's request, in addition to Your indemnification obligations in the Terms of Use, You agree to indemnify and hold harmless Apple, its affiliates, officers, employees and agents from any demands, losses, liability, damages, claims, suits, costs or expenses (including attorneys' fees and taxes) arising out of or related to (i) any data or security breaches stemming from Your BCS Applications or Your CSP not caused by Apple; or (ii) the content You send via BCS or that is sent on Your behalf via BCS.

4.7 Fees Charged by Apple

Apple reserves the right to charge fees for Your use of BCS. Apple will inform You of any Apple service fees or fee changes by email and information about such fees will be posted on the BCS web portal and/or Apple Business Register.

4.8 Marketing and Promotion. Apple may use graphics, assets and/or designs that depict Your public-facing implementation of BCS for promotion and/or marketing purposes.

Last updated: November 7, 2018

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