Service Terms for Messages for Business

PLEASE 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 Apple 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 APPLE MESSAGES FOR BUSINESS, YOU AGREE TO THESE SERVICE TERMS; IF YOU DO NOT AGREE, DO NOT USE APPLE 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 Apple Messages for Business to connect with customers. Your Business must have an active and valid Apple Account.

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

"Guidelines" means the Apple 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, Apple Messages for Business MSP & brand media guidelines, design guidelines, policies, and best practices, each of which may be updated from time to time.

"Apple Messages for Business" means the services, Program or Apple 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.

"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.

"Apple Messages for Business ID" means the Apple Messages for Business identifier assigned to each of your Apple Messages for Business or MSP accounts that enables access to and use of Apple Messages for Business.

"Apple Messages for Business Materials" means the Documentation, tools, certificates, data, and other materials provided to you by Apple through Apple Messages for Business.

"Message(s)" means a message that is received or sent by you using Apple 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 Apple 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 Apple Messages for Business.

"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 Apple 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 Apple Messages for Business.

2. Use of Apple Messages for Business and Integration

2.1 Use of Apple Messages for Business and Your Business Information

To the extent a Business or MSP chooses to participate in the Program and use Apple Messages for Business, it does so at its own initiative and agrees to, and shall ensure all employees, contractors, agents, and other individuals with access to its Apple Messages for Business account (collectively, “End-Users”) agree to, use Apple 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. Any reference to a Business or an MSP in these Service Terms also includes and applies to all End-Users. Apple 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 Apple 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 Apple Messages for Business at any time without notice. In no event will Apple be liable for the removal of or disabling of access to Apple Messages for Business.

A Business and MSP must agree to provide accurate, current and complete information required to register with Apple for use of Apple Messages for Business and at other points as may be required in the course of using Apple 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 Apple 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 Apple Messages for Business at any time.

To access Apple Messages for Business, a Business and MSP must first be assigned an Apple Messages for Business ID by Apple. Thereafter, a Business and MSP may access Apple Messages for Business only as provided for herein. A Business and MSP are solely responsible maintaining the confidentiality and security of their respective Apple 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 Apple Messages for Business under these Service Terms. An MSP shall not promote their Apple 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 Apple 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 Apple 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 Apple Messages for Business) to integrate with Apple Messages for Business, including, if authorized, for an MSP to administer a Business account and profile on behalf of the Business for Apple Messages for Business. A Business understands and agrees that Apple may share your information with your MSP to provide services under Apple 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 Apple 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 Apple 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 Apple 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 Apple 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 Apple Messages for Business must only be from a Business's assigned Apple Messages for Business ID. A Business will ensure that its Apple 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 Apple 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 Apple Messages for Business users about the origin or originator of the Apple Messages for Business Message. A Business and its MSP also agree not to use Apple 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 Apple Messages for Business functionality.

2.4 Privacy

Apple's Privacy Policy applies to use of Apple 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 Apple 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 Apple 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 Apple 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 Apple 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 Apple Messages for Business is not intended for Emergency Services

Apple Messages for Business is not intended to provide access to emergency services or emergency service providers. Apple 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 Apple Messages for Business.

2.9 Compliance with All Legal, Regulatory, Privacy, and Security Requirements

A Business and its MSP agree to use Apple Messages for Business 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 Apple 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 Apple 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 Account, 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 Apple 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 Apple 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 Apple 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 Apple 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 an Apple Messages for Business ID, Business account, or similar resource used in connection with Apple Messages for Business.

2.12 Business Updates

Apple Messages for Business may include the ability for a Business to send Messages (“Business Updates”) to a customer of that Business. Business Updates may only be sent by a Business to its customer through Apple Messages for Business upon opt-in by such customer to receive Business Updates from such Business. The opt-in may only be collected from a customer at a Business’ point of sale (“POS”), such as the Business’ website, application, customer service number, or physical location. The opt-in will only apply to Business Updates regarding the transaction between the Business and that customer occurring during the time the opt‑in was given at the POS, and in any event, such opt-in should only be valid for the time period necessary for the transaction (which in no event will be longer than two (2) years). A Business will offer an opt‑out choice in every Business Update and will immediately honor any such customer’s opt-out. A Business offering Business Updates will include the following language at the POS during the opt-in process: “Separate from your opt-in to receive Business Updates from us, your use of Apple Messages for Business service is also governed by Apple’s terms, including those at https://www.apple.com/legal/privacy/data/en/messages-for-business/ . Unless you have opted-out on your Apple device, Apple may process your personally identifiable information.” The location of this language will be the same as the Business’ similar legal notifications, and will be at all times legally enforceable and viewable before opt-in. A Business and/or its MSP shall only use Apple‑authorized templates when sending Business Updates and shall not modify such templates except for permitted custom substitutions in specific text fields.

3. Apple 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 Apple Messages for Business in whole or in part, or to enable others to do so. A Business and MSP may not use Apple 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, now or in the future, including, but not limited to, the Apple Messages for Business policies and best practices. A Business or MSP shall not use Apple Messages for Business to distribute, transmit, store, share, access, solicit, or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable. 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 Apple Messages for Business, or any part thereof. A Business and MSP agree not to exploit Apple 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. A Business or MSP shall not use Apple Messages for Business to solicit, access, distribute, store, or generate child sexual abuse material, child sexual exploitation material, pro-terror material, extreme crime and violence material, crime or violence material, and drug-related material.

If a Business or its MSP breach any of the foregoing restrictions, it may be subject to prosecution and damages, and Apple may take, among other actions, the actions described in Section 5 of these Service Terms. 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, Apple 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 Apple 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 Apple 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 Apple 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 Apple Messages for Business, systems or services used to implement and provide Apple Messages for Business at a Business or MSP's own cost. Apple has no express or implied obligation to provide, or continue to provide, Apple Messages for Business and may suspend or discontinue all or any portion of Apple 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 Apple 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 Apple Messages for Business and is not obligated to provide any maintenance, technical support or other support for Apple Messages for Business. Apple reserves the right to remove a Business and its MSP from access to Apple Messages for Business, limit use of Apple Messages for Business, or revoke Your Apple 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 Apple 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 Apple Messages for Business or may be unable to access or retrieve data from Apple 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 Apple Messages for Business. Further, a Business and its MSP agree not to create or attempt to create a substitute or similar service to Apple Messages for Business through use of or access to Apple 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 Apple 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 Apple 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 Apple Messages for Business. Information about fees or fee changes may be posted on the Apple 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 Apple 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 Apple 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 fails, 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 and/or restrict access to Apple Messages for Business, or any portion thereof. In such case, Apple may also delete or remove from Apple Messages for Business any content or material that violates, or Apple suspects violates, the Service Terms or applicable laws.

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 Apple Messages for Business and/or any portion thereof, and/or a third-party claim that your use of Apple 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 Apple 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 Apple 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 Apple Messages for Business shall be deemed to be non-confidential. Apple shall be free to use such information on an unrestricted basis.

Last updated: December 17, 2024