Enter your name and email to start the registration process. By registering you get access to updates on Mobile Connect and the developer portal, a sandbox for testing your applications and the ability to promote your applications to a live environment.
This Mobile Connect Developer Portal Agreement (the “Agreement”) is entered into by and among the person agreeing to the terms and conditions of this Agreement by clicking "Register" at , or by any person or entity who uses the Mobile Connect Developer Portal (the “Portal”) or associated Services, or the entity upon whose behalf the person is acting, (“Developer”) and GSM Association, with offices at Floor 2, The Walbrook Building, 25 Walbrook, London EC4N 8AF, United Kingdom (“GSMA”). The date of this Agreement (the “Effective Date”) is the date Developer indicates its acceptance of the terms and conditions of this Agreement or starts to use the Portal or associated Services. Developer and GSMA may be referred to herein each as a “Party” and collectively as the “Parties”.
By so clicking "Register" when registering for and accessing the Portal and the service available thereon, (“Service”) or by using the Portal or Services, Developer (i) represents that the person accepting this Agreement or accessing the Service has the requisite authority to accept this Agreement on behalf of Developer, and (ii) agrees to be bound by the terms and conditions contained in this Agreement as of the date of acceptance.
WHEREAS, GSMA wishes to make available the Service to the Developer on the terms and conditions specified herein
NOW, THEREFORE, in consideration of the premises and the mutual covenants hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Capitalized terms and phrases used in this Agreement but not defined herein shall have the meanings set forth in Schedule 1. Terms that are not defined in Schedule 1 are defined in the context in which they are used and have the meanings there stated.
This Agreement is entered into between and made on behalf of Developer and GSMA.
Developer agrees to pay to GSMA prices, if any, as such prices may be set forth at prices for use of the Service.
4.1 Subject to the terms and conditions of this Agreement, GSMA shall provide Developer with access to the Service, as determined by GSMA from time to time. In addition to GSMA’s other rights hereunder and without limiting any such rights, GSMA shall be entitled, at any time and from time to time, in its sole discretion, to suspend or shut down Developer’s access to the Service. The Service may be unavailable from time to time due to maintenance, outages and for other business reasons. Developer acknowledges and agrees that GSMA reserves the right, in its sole discretion and without notice to Developer, to make changes from time to time in any aspect of the Service. At all times during the term of this Agreement, Developer shall use the Service appropriately and in such reasonable volumes as intended and for the purposes intended, as determined by GSMA in the exercise of its reasonable discretion (“Fair Usage”). GSMA may utilize technical measures to prevent over usage or stop usage of the Service by an Application after any usage limitations are exceeded or that otherwise fails to constitute Fair Usage. GSMA may limit the throughput or number of the Transactions over the Service either for an individual Application or Developer service, all Applications or Developer Services or across all Applications or Developer Services. The number of daily Transactions over the Service may not exceed the cap set out in Exhibit 1, attached hereto and incorporated by reference. GSMA may change such usage limits at any time. The resale of the Services by Developer or any other person is prohibited.
4.2 In addition to the foregoing, GSMA shall have the right to suspend or shut down access to the Service by an Application or Developer Service immediately if GSMA reasonably suspects, determines, or is informed that:
In addition to its other obligations under the other terms and conditions of this Agreement, Developer will:
Neither GSMA nor any MNO shall be responsible for any End User use or misuse of any of the Applications or Developer Services (including, without limitation, any copying and/or forwarding of same).
(a) GSMA is required to do so by law; or
(b) Developer declines to accept any new terms or version of the Service or this Agreement, or both.
(a) Developer seeks to hack or breach any security mechanism related to the Service;
(b) GSMA determines that Developer’s use of the Service poses a security or service risk to GSMA, any MNO or to any End User, or may subject GSMA, any MNO, or any End User to liability or damages or danger;
(c) Developer uses the Service in a way that disrupts or threatens the Service;
(d) Developer uses the Service other than as expressly permitted in this Agreement, including, without limitation any use that fails to constitute Fair Usage;
(e) GSMA receives notice or otherwise determines, in its sole discretion, that Developer may be using the Service for any illegal purpose or in a way that violates any law or violates, infringes or misappropriates the rights of any third party; or
(f) GSMA, in its sole discretion, determines that the provision of the Service to Developer is prohibited by any Applicable Law, or has become impractical or unfeasible for any legal or regulatory reason.
(a) The termination or expiry of all or any part of this Agreement will not affect or prejudice any rights or obligations that have accrued or arisen under this Agreement or such part thereof prior to the time of termination or expiry and those rights will survive the termination or expiry of this Agreement or any part hereof.
(b) The definitions and the terms and conditions that, by law or by their nature should survive, shall survive the termination or expiry of all or any part of this Agreement.
(a) no Party shall in any event be liable for damages of any kind, including but not limited to incidental, indirect, special or consequential damages of any kind or for loss of profits, data or revenue or loss of business or damage to goodwill arising out of, or in connection with, this Agreement, whether or not another Party was advised of the possibility of such damage; and
(b) a Party’s liability to the other under or in connection with this Agreement (but excluding any liability under Clause 12) shall be capped at one thousand Euros (€1000).
(a) If to Developer, at the contact information provided by Developer as part of Developer’s registration for the service.
(b) If to GSMA:
Mobile Connect Developer Portal Manager
The Walbrook Building,
EC4N 8AF, UK
The following terms shall have the following definitions. Other terms used in the Agreement are defined in the context in which they are used and have the meanings there stated.
Developer is not permitted to exceed the following number of Transactions per day:
During Developer’s testing phase, when a Developer’s Application is not yet provisioned with any MNO.
Post testing phase, when a Developer’s Application is provisioned with one or more MNOs, Developers usage of the Service is subject to the Fair Usage requirement.
GSMA Mobile Connect Developer Portal Access Terms & Conditions – April 2018