Service Terms for Messages for Business
Other languagesPLEASE READ THE FOLLOWING SERVICE TERMS CAREFULLY BEFORE USING APPLE MESSAGES FOR BUSINESS. THESE SERVICE TERMS REPLACE THE FORMER TERMS FOR BUSINESS CHAT AND SUPPLEMENT THE APPLE BUSINESS REGISTER TERMS OF USE. THESE SERVICE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND APPLE.
Service Terms for Messages for Business
The following Apple Messages for Business Service Terms ("Service Terms") are in addition to the Apple Business Register Terms of Use ("ABR Terms of Use") and govern your use of Apple Messages for Business. In the event of a conflict between these Service Terms and the ABR Terms of Use, these Service Terms shall control.
You certify to Apple and agree that you or your representative entering into these Service Terms is of the legal age of majority in the jurisdiction(s) in which you reside (at least 18 years of age in many countries) and have the right and authority to enter into these Service Terms on your own behalf, and that if your representative is entering into these Service Terms on behalf of you as a business, that such representative has the right and authority to legally bind you to all the terms and obligations of these Service Terms.
THE ENGLISH LANGUAGE VERSION OF THIS AGREEMENT SHALL BE THE ORIGINAL, GOVERNING INSTRUMENT AND UNDERSTANDING OF THE PARTIES. IF THIS AGREEMENT IS MADE AVAILABLE BY APPLE IN ANY LANGUAGE OTHER THAN ENGLISH, THE ENGLISH LANGUAGE VERSION SHALL GOVERN AND CONTROL IN THE EVENT OF ANY CONFLICT WITH ANY TRANSLATION INTO ANY OTHER LANGUAGE.
BY USING MESSAGES FOR BUSINESS, YOU AGREE TO THESE SERVICE TERMS; IF YOU
DO NOT AGREE, DO NOT USE MESSAGES FOR BUSINESS.
1. Definitions
In addition to the definitions found in the ABR Terms of Use, the following
definitions apply whenever capitalized in these Service Terms:
"Business" means an organization registered to use Messages
for Business to connect with customers. Your Business must have an active
and valid Apple ID.
"Documentation" means any technical or other specifications
or documentation that Apple may provide to you for use in connection with
Messages for Business.
"Guidelines" means the Messages for Business usage
guidelines set forth herein and also all policies, best practices,
protocols, partnership requirements or other terms and conditions set forth
by Apple, including, but not limited to, Messages for Business MSP &
brand media guidelines, design guidelines, policies, and best practices,
each of which may be updated from time to time.
"Messages for Business" means the services, Program or
Messages for Business Materials that Apple may provide or make available
through Apple Messages for Business service, including Updates (if any) that
may be provided to you by Apple.
"Messages for Business API(s)" means the application
programming interface(s) documented by Apple in the Documentation or
elsewhere by Apple and which are contained in the Apple Products.
"Messages for Business ID" means the Messages for Business
identifier assigned to each of your Messages for Business or MSP accounts
that enables access to and use of Messages for Business.
"Messages for Business Materials" means the Documentation,
tools, certificates, data, and other materials provided to you by Apple
through Messages for Business.
"Message(s)" means a message that is received or sent by
you using Messages for Business.
"Messaging Service Provider" or
"MSP"
means an organization that provides or delivers a system or service that
facilitates the exchange of or enables the use of Messages for Business for
one or more businesses. For clarity, a Business may also be an MSP, subject
to these Service Terms, Guidelines, Service and Feature Requirements, and
any other terms and conditions Apple may require during registration,
onboarding, and/or use of the Service.
"Program"
means the overall Apple development, testing, digital signing and
distribution program contemplated in these Service Terms.
"Service and Feature Requirements"
mean the technical, human interface, design, product category, security,
performance, current and new features, and other criteria and requirements
specified by Apple, which may be modified from time to time by Apple in its
sole discretion and which you must comply with in order to access and use
Messages for Business either as a Business or as an MSP.
"Updates"
means bug fixes, updates, upgrades, modifications, enhancements,
supplements, and new releases or versions of any part of Messages for
Business.
2. Use of Messages for Business and Integration
2.1 Use of Messages for Business and Your Business Information
To the extent a Business or MSP chooses to participate in the Program and
use Messages for Business, it does so at its own initiative and agrees to
use Messages for Business only as expressly permitted in the ABR Terms of
Use and these Service Terms (including any Updates), in accordance with the
Service and Feature Requirements, Guidelines, and applicable laws,
regulations, or additional policies, terms or guidance Apple may require.
Messages for Business, or any feature or part thereof, may vary by region
and may not be available in all languages or in all countries. Apple makes
no representation that Messages for Business, or any feature or part
thereof, is appropriate, accurate or available for use in any particular
location. Apple reserves the right to change, suspend, remove, or disable
access to Messages for Business at any time without notice. In no event will
Apple be liable for the removal of or disabling of access to Messages for
Business.
A Business and MSP must agree to provide accurate, current and complete
information required to register with Apple for use of Messages for Business
and at other points as may be required in the course of using Messages for
Business, including, but not limited to, company name, physical address,
business license/registration, or other information as requested by Apple.
You hereby confirm that any information provided to Apple (including,
without limitation, in through use of Messages for Business or any other
Apple services (e.g., App Store) is accurate, current and complete. You
further agree to maintain and update your information as required to keep it
accurate, current, and complete. You understand and acknowledge that failure
to provide, update, and maintain accurate, current, and complete information
pursuant to these Service Terms may lead to suspension or termination of
your access to or use of Messages for Business at any time.
To access Messages for Business, a Business and MSP must first be assigned a
Messages for Business ID by Apple. Thereafter, a Business and MSP may access
Messages for Business only as provided for herein. A Business and MSP are
solely responsible maintaining the confidentiality and security of their
respective Messages for Business accounts and information.
An MSP must be approved by Apple in advance of use. To the extent an MSP
relies on the technology or services of another MSP in providing messaging
services to a Business, both MSPs must be registered and approved for use in
Messages for Business under these Service Terms. An MSP shall not promote
their Messages for Business-related services unless and until approved in
writing by Apple.
A Business and MSP must comply with all Service and Feature Requirements
imposed by Apple in order to use Messages for Business. In addition, an MSP
must comply with any new or subsequently imposed feature requirements no
later than ninety (90) days from Apple's notification. Apple may also impose
additional limits, conditions, restrictions, or requirements on the use of
or access to Messages for Business in any case and without notice or
liability.
2.2 Business Integration with MSPs
A Business must itself be an approved MSP or select an approved MSP (i.e.,
an MSP that is authorized by Apple to provide access or services related to
Messages for Business) to integrate with Messages for Business, including,
if authorized, for an MSP to administer a Business account and profile on
behalf of the Business for Messages for Business. A Business understands and
agrees that Apple may share your information with your MSP to provide
services under Messages for Business. A Business is solely responsible for
its relationship and any agreement(s) with its MSP. A Business and its MSP
shall be responsible for any action or inaction undertaken by an MSP on
behalf of a Business in relation to providing or administering Messages for
Business, sending or receiving Messages or other activities under these
Service Terms. In the event Apple, in its sole discretion, determines an MSP
has or may have violated these Service Terms or otherwise caused any harm,
degradation, or interference with the Messages for Business experience,
Apple reserves the right to require a Business to cease using any such MSP
and terminate a Business and/or its MSP's use of Messages for Business. A
Business acknowledges and agrees that Apple will have no responsibility or
liability for the actions or inactions of any registered MSP that the
Business may elect to work with in connection with Messages for Business,
and Apple is not a party to any agreement between a Business and any such
MSP.
2.3 Messages
All use of Messages for Business must only be from a Business's assigned
Messages for Business ID. A Business will ensure that its Messages for
Business Messages are sent under the name, trademark or brand of the
Business. It must be clear to a recipient of a Business's Messages that the
communication is coming from the Business and not from Apple; provided,
however, as applied to a registered MSP for a Business, all Messages must be
sent using the Messages for Business ID of the Business for whom you are
acting as an MSP, along with any other identifiers required in the
Documentation or by Apple. A Business and its MSP agree not to misrepresent
or impersonate another business or entity or otherwise mislead Apple or
Messages for Business users about the origin or originator of the Messages
for Business Message. A Business and its MSP also agree not to use Messages
for Business in any manner to harass, abuse, stalk, threaten, defame or
otherwise infringe or violate the rights of any other party, and you agree
that Apple is not in any way responsible for any such use. A Business and
its MSP further agree not to transmit any computer viruses, worms, trojan
horses or other malware, or trespass, burden network capacity, or otherwise
disable, override or interfere with any Apple-implemented notices, consent
panels or any Apple system preferences used to administer and/or provide
Messages for Business functionality.
2.4 Privacy
Apple's Privacy Policy applies to use of Messages for Business, and its
terms are incorporated into these Service Terms by this reference. Apple's
Privacy Policy can be found at:
https://www.apple.com/privacy/
and is updated from time to time. More information on how Messages for or
Business protects privacy is available on the Apple website and may be
updated from time to time.
2.5 In-App Purchase and iMessage Apps
A Business and its MSP understand and agree that use of the In-App Purchase
API in Messages for Business is subject to the terms and conditions of the
Apple Developer Program License Agreement and related requirements available
at
https://developer.apple.com/support/terms/
and may be updated from time to time.
Use of Messages for Business may also 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.
2.6 Apple Pay
A Business and its MSP understand and agree that integration of Apple Pay
and any Apple Pay transactions within Messages for Business is subject to
the applicable Apple Pay terms and conditions on the
https://developer.apple.com/apple-pay
website, or other such applicable terms and conditions.
2.7 Use of Network
Use of Messages for Business may require Messages to be transmitted across
various public networks and/or in various media, and further may require
modifications to the format of Messages to comply with technical, network,
and other requirements.
2.8 Messages for Business is not intended for Emergency Services
Messages for Business is not intended to provide access to emergency
services or emergency service providers. Messages for Business is not
intended to be a guaranteed, on-time delivery service, and shall not be used
or relied upon it as such. A Business and its MSP agree that Apple make no
representations or guarantees and shall have no liability to you for the
availability, accuracy, completeness, reliability, or timeliness of Messages
communicated in Messages for Business.
2.9 Compliance with All Legal, Regulatory, Privacy, and Security
Requirements
A Business and its MSP agree to use the Service only for purposes permitted
by this Agreement, and only to the extent permitted by any applicable law or
regulation in the applicable jurisdiction.
A Business and its MSP may only use Messages for Business if they have
ensured that all such use complies with all legal and regulatory
requirements; it is a Business and its MSP's sole responsibility to
determine and comply with all legal obligations. Apple makes no
representations or warranties that Messages for Business meets the needs of
entities regulated by laws and regulations with heightened confidentiality
requirements for personal, health, financial, and/or other types of data. A
Business and its MSP must provide all necessary data disclosures and notices
and secure all necessary rights, consents, and permissions. Under no
circumstances will Apple be liable for any acts or omissions by a Business
or its MSP that breach any applicable laws.
A Business and its MSP are solely responsible for any and all collection,
transmission, maintenance, processing or use of sensitive, personal, or
confidential information (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) in any
Message, and agree to comply with all applicable laws regulations, and
requirements, including, but not limited to, notice or consent requirements,
with respect to any collection, transmission, maintenance, processing or use
of such sensitive, personal, or confidential information.
If a Business is a covered entity, business associate or representative of a
covered entity or business associate (as those terms are defined at 45 C.F.R
§ 160.103), the Business agrees that it will not use any component, function
or other facility of Messages for Business to create, receive, maintain or
transmit any "protected health information" (as such term is defined at 45
C.F.R § 160.103) or use Messages for Business in any manner that would make
Apple (or any Apple Subsidiary) the Business's or any third party's business
associate.
2.10 Export Control
Use of Messages for Business may be subject to the export and import laws of
the United States and other countries. You agree to comply with all
applicable export and import laws and regulations. A Business and its MSP
also agree not to use Messages for Business for any purposes prohibited by
United States law. A Business and its MSP further agree not to use any data
or software that is: (a) subject to International Traffic in Arms
Regulations; or (b) that cannot be exported without prior written government
authorization, including, but not limited to, certain types of encryption
software and source code, without first obtaining that authorization.
2.11 No conveyance
Nothing in these Service Terms shall be construed to convey to a Business or
MSP of any interest, title, or license in a Messages for Business ID,
Business account, or similar resource used in connection with Messages for
Business.
3. Messages for Business - Prohibited Uses
Except as otherwise set forth in herein, a Business and MSP agree not to
rent, lease, lend, upload to or host on any website or server, transfer,
sell, redistribute, or sublicense Messages for Business in whole or in part,
or to enable others to do so. A Business and MSP may not use Messages for
Business, or any other services provided hereunder for any purpose not
expressly permitted by these Service Terms. For clarity, the Service Terms
incorporate all the Service and Feature Requirements, Guidelines,
Documentation, or other terms required by Apple, including, but not limited
to, the Messages for Business policies and best practices. A Business and
MSP agree not to, or to enable others to, copy, decompile, reverse engineer,
disassemble, attempt to derive the source code of, modify, decrypt, or
create derivative works of Messages for Business, or any part thereof. A
Business and MSP agree not to exploit Messages for Business in any
unauthorized way whatsoever, including but not limited to, by trespass or
burdening network capacity, or by harvesting, scraping or misusing data. Any
attempt to do so is a violation of the rights of Apple and these Service
Terms.
If a Business or its MSP breach any of the foregoing restrictions, it 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,
Business Chat, Messages for Business, Apple Pay, Apple iMessage, iPhone,
iPad, iOS, iPadOS, Watch, watchOS, Mac, iMac, macOS, and any related word
marks. If a Business or its MSP references any Apple Products or Apple
trademarks or copyrights, it agrees to comply with the published guidelines
at www.apple.com/legal/trademark/guidelinesfor3rdparties.html, which may be
modified by Apple from time to time.
4. Acknowledgements
4.1 Apple's Rights to Modify Messages for Business
A Business and MSP acknowledge and agree that Apple may at any time, and
from time to time, with or without prior notice:
(a) modify Messages for Business, including by adding, changing, or removing
any feature, functionality, or requirement as part of the Service and
Feature Requirements or otherwise;
(b) modify, deprecate, suspend, reissue, republish, or discontinue Messages
for Business or any portion thereof; or
(c) make changes to the ABR Terms of Use, these Service Terms, the Service
and Feature Requirements, and/or Guidelines, Documentation, and other
materials.
A Business and MSP understand that any such modifications may require change
or update to its use of Messages for Business, systems or services used to
implement and provide Messages for Business at a Business or MSP's own cost.
Apple has no express or implied obligation to provide, or continue to
provide, Messages for Business and may suspend or discontinue all or any
portion of Messages for Business at any time. Apple shall not be liable for
any losses, damages or costs of any kind incurred by a Business or its MSP
or any third party arising out of or related to any such service suspension
or discontinuation or any such modification of Messages for Business or any
portion thereof.
4.2 No Guarantee of Availability
Apple makes no guarantees in relation to the availability or uptime of
Messages for Business and is not obligated to provide any maintenance,
technical support or other support for Messages for Business. Apple reserves
the right to remove a Business and its MSP from access to Messages for
Business, limit use of Messages for Business, or revoke Your Messages for
Business ID at any time in its sole discretion without any liability,
obligation to provide notice or an opportunity to cure any deficiency. A
Business and MSP understand there may be storage capacity, transmission
and/or transactional limits that govern use of Messages for Business. If
such limits are reached, then a Business and its MSP understand and agree
that their Apple Messages app user may be unable to use Messages for
Business or may be unable to access or retrieve data from Messages for
Business.
4.3 No Fees Charged by a Business
A Business using Message for Business may not charge any fees solely for
access to or use of Messages for Business. Further, a Business and its MSP
agree not to create or attempt to create a substitute or similar service to
Messages for Business through use of or access to Messages for Business.
4.4 Disclaimer of Warranties
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. TO THE
EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME
OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. THE FOLLOWING
DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY
APPLICABLE LAW, USE OF MESSAGES FOR BUSINESS SERVICE IS AT YOUR SOLE RISK
AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY
AND EFFORT IS WITH YOU. APPLE DOES NOT PROMISE THAT MESSAGES FOR BUSINESS OR
ANY FEATURE OF THE SERVICE WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED, OR
THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF MESSAGES FOR
BUSINESS WILL PROVIDE SPECIFIC RESULTS.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MESSAGES FOR BUSINESS IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY
OF ANY KIND, AND APPLE AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO YOUR USE OF MESSAGES FOR BUSINESS, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN PARTICULAR, APPLE AND ITS
AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE NO WARRANTY THAT (I) MESSAGES FOR BUSINESS WILL MEET YOUR
REQUIREMENTS; (II) YOUR USE OF MESSAGES FOR BUSINESS WILL BE TIMELY,
UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU
AS A RESULT OF MESSAGES FOR BUSINESS WILL BE ACCURATE OR RELIABLE; (IV) ANY
DEFECTS OR ERRORS IN MESSAGES FOR BUSINESS WILL BE CORRECTED; AND (V)
MESSAGES FOR BUSINESS WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY
SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT MESSAGES FOR BUSINESS IS NOT INTENDED
OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME
DELAYS OF, OR ERRORS OR INACCURACIES IN MESSAGES FOR BUSINESS COULD LEAD TO
DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD MESSAGES FOR
BUSINESS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY
RIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
4.5 Limitation of Liability
APPLE SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE,
MISUSE, RELIANCE ON, INABILITY TO USE, INTERRUPTION, SUSPENSION, OR
TERMINATION OF MESSAGES FOR BUSINESS, INCLUDING ANY INTERRUPTIONS DUE TO
SYSTEM FAILURES, NETWORK ATTACKS OR SCHEDULED OR UNSCHEDULED MAINTENANCE.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE, ITS
AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR
LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION
OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR
USE OR INABILITY TO USE MESSSAGES FOR BUSINESS, APPLICATIONS OR SERVICES IN
CONJUNCTION WITH MESSAGES FOR BUSINESS, HOWEVER CAUSED, REGARDLESS OF THE
THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL APPLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER
THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL
INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING
LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS
ESSENTIAL PURPOSE.
4.6 Waiver and Indemnity
By using Messages for Business, a Business and MSP agree, to the extent
permitted by law, to indemnify and hold Apple, its officers, directors,
shareholders, predecessors, successors in interest, employees, agents,
contractors, subsidiaries, and affiliates harmless from any demands, losses,
liability, damages, claims, suits, costs or expenses (including attorneys'
fees and taxes) arising out of or related to (i) a Business and/or its MSP's
use of Messages for Business; or (ii) a Business and its MSP's violation of
these Service Terms. This waiver and indemnity provision applies to all
violations or suspected violations described in or contemplated by these
Service Terms.
4.7 Fees Charged by Apple
Apple reserves the right to charge fees for use of Messages for Business.
Information about fees or fee changes may be posted on the Messages for
Business web portal, other Apple-branded webpages, or otherwise made
available by Apple.
4.8 Marketing, Promotion, Internal Use by Apple.
A Business and MSP acknowledge and agree that Apple may use any and all
names, logos, graphics, assets, marks, screenshots, images, designs, text,
audio or visual clips, print, digital, or other materials that depict the
Business or MSP and implementation of Messages for Business for Apple's
promotion, marketing, or internal use purposes; provided, however, Apple
shall not use these materials for other purposes without further permission.
4.9 Apple Proprietary Rights
The Messages for Business Service, including any portion thereof, is owned
by Apple, and is protected by applicable intellectual property and other
laws, including, but not limited to, copyright, patent, trademark, and trade
secret.
5. Violation of Service Terms
If a Business or MSP fail, or Apple suspects that a Business or MSP has
failed, to comply with any of the provisions of these Service Terms, Apple
may limit, suspend, and/or terminate the Business and/or MSP's use and/or
preclude access to Messages for Business, or any portion thereof.
A Business and MSP hereby grant Apple the right to take steps Apple believes
are reasonably necessary or appropriate to enforce and/or verify compliance
with any part of these Service Terms and/or the ABR Terms of Use. A Business
and MSP agree that Apple has the right, without liability to you, to
disclose any data and/or information to law enforcement authorities,
government officials, and/or a third party, as Apple believes is reasonably
necessary or appropriate to enforce and/or verify compliance with any part
of this Agreement (including but not limited to Apple's right to cooperate
with any legal process relating to your use of Messages for Business and/or
any portion thereof, and/or a third-party claim that your use of Messages
for Business and/or any portion thereof is unlawful and/or infringes such
third party's rights). A Business and its MSP further agree that Apple may
also disclose information about a Business and its MSP if Apple determines
that for purposes of national security, law enforcement or other issues of
public importance, disclosure is necessary or appropriate.
6. Controlling Law, Venue, and Severability
Except to the extent expressly provided herein, these Service Terms and the
relationship between you and Apple shall be governed by the laws of the
State of Delaware, excluding its conflicts of law provisions. You and Apple
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Santa Clara, California, to resolve any dispute
or claim arising from this Agreement.
These Service Terms shall not be governed by the United Nations Convention
on Contracts for the International Sale of Goods, the application of which
is expressly excluded.
If for any reason a court of competent jurisdiction finds any provision, or
portion thereof, to be unenforceable, the remainder of these Service Terms
shall continue in full force and effect.
7. Entire Agreement
These Service Terms, including the other terms and materials incorporated
herein, constitute the entire agreement between a Business, MSP, and Apple
and govern all use of Messages for Business, superseding any prior
agreements with respect to the same subject matter. A Business or MSP also
may be subject to additional terms and conditions that may apply when you
use Messages for Business, affiliate services, third-party content,
third-party software, or additional services. If any part of these Service
Terms is held invalid or unenforceable, that portion shall be construed in a
manner consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain
in full force and effect. Apple's failure to enforce any right or provisions
in this Agreement will not constitute a waiver of such or any other
provision. Apple will not be responsible for failures to fulfill any
obligations due to causes beyond its control.
8. Feedback and Information
Any feedback provided by a Business or MSP regarding Messages for Business
shall be deemed to be non-confidential. Apple shall be free to use such
information on an unrestricted basis.
Last updated: May 3, 2023
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