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Highside Legal documents

THIS IS WHAT YOU AGREE UPON BY USING OUR SERVICES

On this page you’ll find the legal documentation of Highside Telecom whom apply to all our services and products. Please read them carefully and do contact us if you’ve any questions.

Terms of Services of Highside Telecom B.V.

Having its registered office at the Wilhelminapark 26 in (3581 NE) Utrecht, The Netherlands
Registered with the Chamber of Commerce under number 30182587

Telephone: +31 (0)85 732 5530
Mail: info@highside.net
ACM (Authority for Consumers & Markets) registration numbers: 941547, 941548

Version July 4, 2016

As we’ve done our best to make Highside’s Terms of Services (“TOS”) readable, and understandable, we understand that you may still have additional questions. If so, feel free to contact us at info@highside.net.

Unless you work for a company that has negotiated a separate agreement with us, these are the terms that apply to your use of Highside. You should read them. Please take special note to sections 8 and 10 where our liability is stated to you if something goes wrong.

Highside provides its Services subject to the terms and conditions in this Terms of Service (“Terms” or “Agreement”). When we refer to our “Services” in these TOS, we mean to include all our Services, products, features, functions and report formats, instructions, code samples, written documentation, our website, your account on our platform, technical support, as well as any upgrades or updates to any of these, made generally available by us, and includes any of our SDKs, APIs or software provided to you in connection with your use of our Services.

To be eligible to register for a Highside account and use Highside’s Services, you must review and accept the terms of this Agreement by clicking on the “I Accept” button or other mechanism provided (like replying on an e-mail when these TOS are sent by mail).

Please review these terms carefully. Once accepted, these terms become a binding legal commitment between you and Highside. If you do not agree to be bound by these terms, you should not click the “I accept” button and you should not use Highside’s Services.

In this Agreement, “we,” “us,” “our” or “Highside” will refer to Highside Telecom BV, situated at Wilhelminapark 26, 3581 NE in Utrecht, the Netherlands. And, the terms “you,” “your” and “Customer” will refer to you.

If you are registering for a Highside account or using Highside’s Services on behalf of an organization, you are agreeing to these terms for that organization and promising Highside that you have the authority to bind that organization to these TOS (and, in which case, the terms “you” and “your” or “customer” will refer to that organization). The exception to this is if that organization has a separate contract with Highside covering your account and use of our Services, in which case that contract will govern your account and use of Highside’s Services.

Table of Content

1. Your Account(s)
2. Access and Use of Our Services
3. Our Use and Storage of Customer Data
4. Restrictions
5. Affiliates
6. Fees, Payments, Taxes
7. Ownership and Confidentiality
8. Warranties and Disclaimers
9. Indemnification
10. Exclusion of Damages; Limitations of Liability
11. Termination of these TOS
12. Survival
13. General
14. Changes to these TOS
15. Changes to Our Services

1. Your Account(s)

    1.1 To use our Services, you will be asked to create an account. As part of the account creation process, you’ll be asked to provide your email address, create a password, and verify yourself with Two-factor Authentication. Until you apply for an account, your access to our Services will be limited to what is available to the general public. When registering an account, you must provide true, accurate, current and complete information about yourself as requested during the account creation process. You must also keep that information true, accurate, current and complete after you create your account. You are solely responsible for all use (whether or not authorized) of our Services under your account(s), including for the quality and integrity of your Customer Data and each of your applications. You are also solely responsible for all use and for all acts and omissions of anyone that has access to your application (“End Users”). You agree to take all reasonable precautions to prevent unauthorized access to or use of our Services and will notify us promptly of any unauthorized access or use. We will not be liable for any loss or damage arising from unauthorized use of your account.
For the purchase of any phone number for which Highside is required to have an address for you on record, it is your obligation to provide us with an accurate and current address to associate with that number. You are responsible for updating that address within fifteen (15) days of a change of address.

    1.2 If your account is inactive for a period of twelve (12) consecutive months, then Highside reserves the right to expire your account and all your funds and Highside’s products on your account (such as, but not limited to phone numbers, projects and short codes) will become the property of Highside. Notification of expiration will be made prior to and on the day of the suspension of Services. Once your account is expired, this cannot made undone.

2. Access and Use of Our Services

    We will make our Services available to you in accordance with our Service Level Agreement (“SLA”), which may be updated from time to time.
You may use our Services, on a non-exclusive basis, solely in strict compliance with these TOS and the Highside’s Acceptable Use Policy (“AUP”), which may be updated from time to time, and applicable law, including:
    I. Using our Services as needed to develop your software applications that interface with our Services (“Your Applications”) or provide Services through Your Applications,
    II. Making our Services available to End Users of Your Applications in connection with the use of each of Your Applications, and
    III. Otherwise using our Services solely in connection with and as necessary for your activities under these TOS.

3. Our Use and Storage of Customer Data

    You acknowledge that you have read Highside’s Privacy Policy and understand that it sets forth how we will collect, store, and use your Customer Data. “Customer Data” consists of information made available to us through your use of our Services under these TOS, which includes information such as your name, contact information, billing records, call or messaging logs, and traffic routing information, as well as the content of communications sent through or integrated with our Services, such as audio recordings, message bodies, and call recording transcriptions. If you do not agree to Highside’s Privacy Policy, you must stop using our Services.
Except as agreed by Highside and you in writing, Highside may periodically delete your Customer Data. Further, data storage is not guaranteed by us and you agree that we will not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that you may incur relating to the loss or deletion of Customer Data.
You further acknowledge and agree that we may access or disclose Customer Data, including the content of communications, if:
    I. We believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or government request;
    II. To enforce our agreements and policies, (iii) to protect the security or integrity of our Services and products;
    III. To protect ourselves, our other customers, or the public from harm or illegal activities, or;
    IV. To respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury.

4. Restrictions

    You can build all kinds of nice things using our platform. But, you should know there are some restrictions to what is allowed.
    I. Except as provided in Section 2 (Access and Use of Our Services), you agree not to transfer, resell, lease, license or otherwise make available our Services to third parties or offer them on a standalone basis.
    II. You will ensure that our Services are used in accordance with all applicable Law and third party rights, as well as these TOS and the Highside AUP, as amended from time to time.
    III. You will ensure that we are entitled to use your Customer Data, including content of communications, as needed to provide our Services and will not use our Services in any manner that violates any applicable law.
    IV. Except as allowed by applicable law, you will not reverse engineer, decompile, disassemble or otherwise create, attempt to create or derive, or permit or assist anyone else to create or derive the source code of any software provided in connection with our Services.
    V. If you have purchased a short code, then you will not change your use of that short code from the use stated in your application to the carrier for approval of the short code without first obtaining an amendment to your application or re-applying to the carrier for approval of the short code under the new use.
    VI. We reserve the right to reclaim any phone number from your account and return that number to the relevant numbering plan if you do not send sufficient traffic over that phone number such that the phone number is unutilized or underutilized, as defined by any local, federal, and/or national regulatory agency and/or governmental organization with oversight over the relevant phone number and numbering plan. If we seek to reclaim a phone number from your account, excluding suspended and trial accounts, we will send you an email at least two (2) weeks’ in advance telling you that we are reclaiming the phone number, unless we’re otherwise prevented from doing so by the applicable regulatory agency or governmental organization. We also reserve the right to reclaim phone numbers from accounts suspended for failure to pay and/or suspended for suspected fraud, and to reclaim phone numbers in free trial accounts that are unutilized for more than thirty (30) days.
    VII. You acknowledge that we are the “customer of record” for all phone numbers provided as part of our Services. As the customer of record, Highside has certain rights with respect to porting phone numbers. You understand and agree that you may use the phone numbers provided as part of our Services subject to these TOS and until the end of the Terms Period (Section 11.1). Unless otherwise required by law, we reserve the right to refuse to allow you to port away any phone number in our sole discretion. Regardless, we may allow you to port away phone numbers, as long as you:
    a. Have an upgraded account in good standing, and;
    b. Have either ported in or purchased the phone number more than 90 days prior to the port-away date.

5. Affiliates

    Affiliates are any entity or person that controls you, is controlled by you, or under common control with you, such as a subsidiary, parent company, or employee. (Similarly, if we refer to our affiliates, we mean an entity or person that controls us, is controlled by us or is under common control with us.) If applicable to you, your affiliates may order Services directly from us under these TOS, provided that all of your affiliate’s activities are subject to these TOS. You will be responsible for the acts and omissions of your affiliates in connection with each affiliate’s use of our Services.

6. Fees, Payments, Taxes

    6.1 Fees. You agree to pay the usage fees set forth in your “Rate Schedule” (which is either our standard schedule of fees, as may be updated from time to time, and/or any other order forms for our Services ordered by you and accepted in writing by us). In addition, you agree to pay any applicable support fees in connection with your order when applicable.
    6.2 Taxes. Unless otherwise stated in your Rate Schedule, you are responsible for and shall pay all applicable taxes. This includes all federal, state, national and local taxes, fees, charges, surcharges or other similar exactions, imposed on or with respect to our Services whether these taxes are imposed directly on you or on Highside and include, but are not limited to, sales and use taxes, utility user’s fees, excise taxes, VAT, any other business and occupations taxes, franchise fees and universal service fund fees or taxes. For purposes of this section, taxes do not include any taxes that are imposed on or measured by the net income, property tax or payroll taxes of Highside. You understand and agree that the detail of taxes charged will be made available to you through your Highside platform account in the billing section.
If you’re exempt from any taxes for any reason, send an email to our tax department at info@highside.net with an executed, signed and dated valid exemption certificate. Once our tax department has received and approved your exemption certificate, we will exempt you from those taxes on a going-forward basis. If, for any reason a taxing jurisdiction determines that you are not exempt from those taxes and assesses those taxes, you agree to pay Highside those taxes, plus any applicable interest or penalties.
    6.3 Prepayment. Unless you and Highside agree otherwise in writing, all Highside Services are offered on prepayment base. The payments for new credits on your account can be only done via the provided payment methods in your Highside account. All the user fees (including, but not limited to foreign currency, international transaction, or banking fees) shall be borne by you, such that Highside receives the full amount of the amount billed.
    6.4 Fee Disputes. You must notify us in writing if you dispute any portion of any fees paid or payable by you under this Agreement. You must provide that written notice to us within sixty (60) days of the applicable charge and we will work together with you to resolve the applicable dispute promptly. If you do not provide us with this written notice of your fee dispute within this sixty (60) day period, you will not be entitled to dispute any fees paid or payable by you.
    6.5 Suspension. If your use of our Services exceeds the amounts prepaid by you, we may suspend our Services associated with your account without prior notice to you. We will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with connection with any suspension of our Services pursuant to this section.

7. Ownership and Confidentiality

    7.1 General. As between you and Highside, we exclusively own and reserve all right, title and interest in and to our Services. As between you and Highside, you exclusively own and reserve all right, title and interest in Your Applications and the content of any communications sent through integration with our Services.
    7.2 Suggestions and Contributions. We welcome your feedback on our Services. But please know that by submitting suggestions or other feedback about our Services (“Contributions”) you agree that:
    I. we are not under any obligation of confidentiality with respect to your Contributions;
    II. we may use or disclose (or choose not to use or disclose) your Contributions for any purpose and in any way;
    III. you irrevocably, non-exclusively license to us rights to exploit your Contributions; and
    IV. you are not entitled to any compensation or reimbursement of any kind from us under any circumstances for your Contributions.
    7.3 Use of Marks. Subject to these TOS, we both grant each other the right to use and display each other’s name and logo (the Licensor Marks) on our respective websites and in other promotional materials solely in connection with each of our respective activities under these TOS. All of this use of the Licensor Marks will be in accordance with the each other’s applicable usage guidelines and will inure to the benefit of Licensor. The one of us using the other’s Licensor Marks under this subsection will not use, register or take other action with respect to any of the Licensor Marks, except to the extent allowed in advance in writing by the one of us whose Licensor Marks are being used. In using the Licensor Marks under this subsection, the one of us using the other’s Licensor Marks will always use the then-current Licensor Marks and will not add to, delete from or modify any of Licensor Marks. The one of us using the other’s Licensor Marks will not, at any time, misrepresent the relationship between us. The one using the other’s Licensor Marks will not present itself as an affiliate or other legal agent of the one of us whose Licensor Marks are being used. The rights to use and display each other’s Licensor Marks under this subjection will end automatically in the event these TOS terminate.
    7.4 Confidentiality. “Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. “Confidential Information” does not include any information which:
    I. is publicly available through no fault of receiving party;
    II. was properly known to receiving party, without restriction, prior to disclosure by the disclosing party;
    III. was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party’s rights; or
    IV. is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.
Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party’s prior written consent, except as otherwise permitted hereunder. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law.
    7.5 Injunctive Relief. The parties expressly acknowledge and agree that no adequate remedy exists at law for an actual or threatened breach of this Section 7 and that, in the event of an actual or threatened breach of the provisions of this Section, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this Section.

8. Warranties and Disclaimers

    Without limiting Highside’s express warranties and obligations under these terms, Highside hereby disclaims any and all other warranties, express or implied, including but not limited to warranties of merchantability, title, non-infringement, and fitness for a particular purpose and warranties related to third-party equipment, material, Services or software. Except for the express warranties set forth in this section 8 and Highside’s SLA, Highside’s Services are provided “as is” to the fullest extent permitted by law. To the extent this disclaimer conflicts with applicable law, the scope and duration of any applicable warranty will be the minimum permitted under that law.

9. Indemnification

    You will defend, indemnify and hold Highside and its affiliates harmless against any actual or threatened claim, loss, liability, proceeding, third-party discovery demand, governmental investigation or enforcement action arising out of or relating to your activities under these TOS or your acts or omissions in connection with the provision of Your Application, including, without limitation, any intellectual property claims relating to the Your Application and any violation by you or your End Users of the terms of Section 4 (Restrictions) (“Claim”). We and our affiliates will cooperate as fully as reasonably required in the defence of any Claim, at your expense. We reserve the right, at your expense, to retain separate counsel for ourselves in connection with any Claim or, if you have not responded reasonably to the applicable Claim, to assume the exclusive defence and control of any Claim in which you are a named party and that is otherwise subject to indemnification under this Section 9 (Indemnification). You will pay all costs, reasonable attorneys’ fees and any settlement amounts or damages awarded against us in connection with any Claim. You will also be liable to us for any costs and attorneys’ fees we incur to successfully establish or enforce our right to indemnification under this Section.

10. Exclusion of Damages; Limitations of Liability

    10.1 Except for liability arising from violations of sections 4 (restrictions), 7 (ownership and confidentiality) or 9 (indemnification), under no circumstances and under no legal theory, whether in tort, contract, or otherwise, will Highside be liable to you for any indirect, special, incidental, consequential or punitive damages of any character, including, without limitation, damages for loss of goodwill, lost profits, lost sales or business, work stoppage, computer failure or malfunction, lost data, or for any and all other damages or losses, even if we had been advised, knew or should have known of the possibility of such damages. Except as described in this section 10, under no circumstances and under no legal theory, whether in tort, contract, or otherwise, will Highside be liable to you for any direct damages, costs or liabilities in excess of the amounts paid by you during the twelve (12) months preceding the incident or claim.
    10.2 The provisions of this section 10 allocate the risks under this agreement between the parties, and the parties have relied on the limitations set forth herein in determining whether to enter into this agreement.
    10.3 Highside’s Services are not intended to support or carry emergency calls or SMS messages to any emergency Services. Neither Highside nor its representatives will be liable under any legal or equitable theory for any claim, damage, or loss (and customer will hold Highside harmless against any and all such claims) arising from or relating to the inability to use our Services to contact emergency Services.
    10.4 The limitations of liability for damages included in these TOS shall not be applicable if the damage can be blamed on intent or gross negligence on the part of Highside.

11. Termination of these TOS

    11.1 Terms Period. The period of these TOS will commence on the date these TOS are accepted by you and continue for the period your account is active.
    11.2 Termination and Suspension of Services. You may terminate your account at any time, as long as the products on your account are payed for and closed, and the account balance is at least $/€ 0,- or positive. We may terminate your account for any reason upon sixty (60) days’ written notice to you.
    10.3 In addition to suspension of our Services for non-payment of fees as described in Section 6.5 (Suspension), we may also suspend our Services immediately for cause if:
    I. you violate (or give us reason to believe you have violated) the Highside AUP;
    II. there is reason to believe the traffic created from your use of our Services or your use of our Services is fraudulent or negatively impacting the operating capability of our Services;
    III. we determine, in our sole discretion, that providing our Services is prohibited by law, or it has become impractical or unfeasible for any legal or regulatory reason to provide our Services; or
    IV. subject to applicable law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets or change of control, a failure to continue business, assignment for the benefit of creditors, or if you become the subject of bankruptcy or similar proceeding.
If we suspend our Services to your account, we will make a reasonable attempt to notify you.

12. Survival

    Upon termination or expiration of these TOS, your payment obligations, the terms of this Section 12, and the terms of the following Sections will survive (i.e. still apply): Section 3 (Our Use and Storage of Customer Data), Section 4 (Restrictions), Section 7 (Ownership and Confidentiality), Section 8 (Warranties and Disclaimer), Section 9 (Indemnification), Section 10 (Exclusion of Damages; Limitation of Liability) and Section 13 (General).

13. General

    13.1 Compliance with Laws. Both you and Highside will comply with the applicable law relating to each of our respective activities under these TOS, including privacy and data protection laws and applicable rules established by the Federal Communications Commission.
    13.2 No Waiver. Highside’s failure to enforce at any time any provision of these TOS or our AUP does not waive our right to do so later. And, if we do expressly waive any provision of these TOS or our AUP, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by and us to be legally binding.
    13.3 Assignment. You will not assign or otherwise transfer these TOS, in whole or in part, without our prior written consent. Any attempt by you to assign, delegate, or transfer these TOS will be null and void. Subject to this Section 13.3, these TOS will be binding on both you and Highside and each of our successors and assigns.
    13.4 Relationship. You and Highside are independent contractors in the performance of each and every part of these TOS. Nothing in these TOS is intended to create or shall be construed as creating an employer-employee relationship or a partnership, agency, joint venture, or franchise. You and Highside will be solely responsible for all of our respective employees and agents and our respective labour costs and expenses arising in connection with our respective employees and agents. You and Highside will also be solely responsible for any and all claims, liabilities or damages or debts of any type that may arise on account of each of our respective activities, or those of each of our respective employees or agents, in the performance of these TOS. Neither you nor Highside has the authority to commit the other of us in any way and will not attempt to do so or imply that it has the right to do so.
    13.5 Unenforceability. If any provision of these TOS is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary to make it enforceable and, in any event, the rest of these TOS will continue in full force and effect.
    13.6 Notices. Any notice required or permitted to be given under these TOS will be given in writing to the receiving party by personal delivery, certified mail, return receipt requested, overnight delivery by a nationally recognized carrier or by email upon confirmation of receipt. Notices to Highside shall be copied to info@highside.net, Attn: General Counsel.
    13.7 Entire Agreement. Except as provided in these TOS and any attachments to these TOS, these TOS supersede all prior and contemporaneous proposals, statements, sales materials or presentations and agreements, oral and written. No oral or written information or advice given by Highside, its agents or employees will create a warranty or in any way increase the scope of the warranties in these TOS.
    13.8 Force Majeure. No failure, delay or default in performance of any obligation of a party shall constitute an event of default or breach of these TOS to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of such party, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labour dispute; flood, terrorist act; war; riot; theft; earthquake and other natural disaster. The party affected by such cause shall take all reasonable actions to minimize the consequences of any such cause.
    13.9 Governing Law and Venue. These TOS will be governed by and interpreted according to the Dutch law executed in the Netherlands without regard to conflicts of laws and principles that would cause laws of another jurisdiction to apply. These TOS will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. All disputes, including those that are only considered as such by one of the parties, which arise pursuant to an agreement to which these TOS are fully or partly applicable or pursuant to other agreements that arise from such an agreement, shall be settled by the competent court in the district where Highside has its registered office, unless a mandatory statutory provision opposes such. This shall not alter the fact that Highside may agree with you to have the dispute settled by means of independent arbitration.

14. Changes to these TOS

    We may revise these TOS from time to time. If we do, those revised Terms will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these TOS. We will provide you advance notice of any material revisions. This notice will be provided via the account portal and/or via an email to the email address we have on file. For other revisions, we will update the effective date of these TOS at the top of the page. We encourage you to check the effective date of these TOS whenever you visit Highside’s website or account portal. Your continued access or use of our Services constitutes your acceptance of any revisions. If you don’t agree to the revisions, you should stop using Highside’s Services and we are not obligated to provide you with the Services.

15. Changes to Our Services

    The features and functions of our Services, including our APIs, and Highside’s SLA, may change over time. It is your responsibility to ensure that calls or requests you make to our Services are compatible with our then-current Services. Although we try to avoid making changes to our Services that are not backwards compatible, if any such changes become necessary, we will use reasonable efforts to let you know at least sixty (60) days prior to implementing those changes.

Acceptable Use Policy of Highside Telecom B.V.

Having its registered office at the Wilhelminapark 26 in (3581 NE) Utrecht, The Netherlands
Registered with the Chamber of Commerce under number 30182587

Telephone: +31 (0)85 732 5530
Mail: info@highside.net
ACM (Authority for Consumers & Markets) registration numbers: 941547, 941548

Version July 4, 2016

General

Primarily, this Acceptable Use Policy (“Use Policy”, or “AUP”) is applicable to all of our customers regardless of whether you have agreed to our Terms of Service or signed another agreement with Highside.

This Use Policy describes actions that Highside prohibits when any party uses Highside’s Services, products, or platforms (“Services”). This Policy is incorporated by reference and governed by the Highside General Terms of Service (“TOS”) which contains explanations of defined terms and takes precedence over any conflicting provisions in this Use Policy. Important to notice is that this Use Policy has examples of restricted behaviour, but does not list all restricted behaviours. Ultimately, Highside will decide whether your use violates the Use Policy.

Prohibited Use

You, the Customer, may not use Highside Services, products, or platform in any form without agreeing to this Use Policy. You are also solely responsible for all use and for all acts and omissions of anyone that has access to your account (“End Users”). This means you agree not to use, and not to encourage or allow any End User to use, Highside’s Services in prohibited manners, including but not limited to the following:

  1. Using the Services to encourage any illegal, abusive, or other activities that interfere with the business or activities of Highside.
  2. Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to Highside or any of its users.
  3. Reverse-engineering the Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
  4. Using the Services in any manner that may subject Highside or any third party to liability, damages, or danger.
  5. Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Services or any other conduct that adversely impacts the availability, reliability, or stability of the Services.
  6. Transmitting any material that contains viruses, Trojan horses, worms or any other malicious, harmful, or deleterious programs.
  7. Using the Services in any manner that violates: industry standards; any third party policies including all of the applicable guidelines, carrier guidelines (or any similar or analogous industry standards, third party policies or requirements in any other jurisdiction), Netiquette Guidelines or requirements that Highside may communicate to its Customers including any usage requirements.
  8. Engaging in any unsolicited advertising, marketing or other activities, including any activities that violate anti-spam laws and regulations including the “Telecommunicatiewet” and the “Bel-me-niet Register” (or any similar local anti-spam, data protection or privacy legislation or register).
  9. Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.
  10. Using the Services to harvest or otherwise collect information about others, including email addresses or phone numbers.
  11. Using the Services to engage in or in connection with fraudulent activity.
  12. Using the Services to receive, send or otherwise process personal data as defined by the “Wet bescherming persoonsgegevens” or other privacy legislation, unless you are registered as a processor of personal data with the Dutch Data Protection Authority (the Dutch DPA) or any other (local) authority supervising the provisions of the law on personal data protection, unless you qualify for an exemption.
  13. Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including laws and regulations regarding the transmission of data or software.
  14. Taking any action to participate in, encourage, or promote any activity prohibited under this Use Policy or the Highside TOS.
  15. Using the Services to transmit any material that infringes the intellectual property rights or other rights of third parties or Highside.
  16. Using the Services to transmit any material that is libellous, defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.
  17. Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
  18. Using the Services, or any component of the Services, in any manner not authorized by Highside.

Usage Requirements

Furthermore, you agree that the following minimum usage and call duration requirements, which will be measured at account level on a calendar month basis, apply to your use of the Services, and you understand that we will provide you with notice of any violation of these requirements and allow you thirty (30) days to comply before taking any further action with your account in accordance with the General Terms of Service or your agreement with Highside:

  1. Each phone number must have at least two (2) transmissions, which transmissions may be in the form of an inbound or outbound call, or SMS message.
  2. No more than 10% of your outbound voice calls may be under twelve (12) seconds in duration.
  3. No more than 10% of your inbound toll-free voice calls may be under twelve (12) seconds in duration.
  4. No more than 10% of your inbound toll-free calls may be incomplete (i.e. unanswered).

Please note: This list of prohibited uses is provided by way of example and should not be considered exhaustive. All determinations related to violations of this Acceptable Use Policy will be made by Highside in its sole discretion.

Service Level Agreement of Highside Telecom B.V.

Having its registered office at the Wilhelminapark 26 in (3581 NE) Utrecht, The Netherlands
Registered with the Chamber of Commerce under number 30182587

Telephone: +31 (0)85 732 5530
Mail: info@highside.net
ACM (Authority for Consumers & Markets) registration numbers: 941547, 941548

Version July 4, 2016

This Highside Service Level Agreement (“SLA”) governs the use of the Highside platform, products and services (“Services”) under the terms of the Highside General Terms of Service (the “TOS” or “Terms”) between Highside Telecom BV, (“Highside”, “us” or “we”) and users of the Highside Services (“you” or “Customer”). This SLA applies separately to each account using the Highside Services. Unless otherwise provided herein, this SLA is subject to the terms of the TOS and capitalised terms will have the meaning specified in the TOS. Highside reserves the right to change the terms of this SLA in accordance with the TOS.

1. Service Commitment

Highside will use commercially reasonable efforts to make the Highside Services available 99.9% of the time. In the event Highside does not meet the goal of 99.9% Services availability in a given calendar month (“Monthly Uptime Percentage”), you will be eligible to receive a Service Credit as described below.

2. Definitions

The following capitalised terms shall be given the meaning set forth below:

2.1 Unavailable Time 
“Unavailable Time” means the Highside Services is not available for use according to third party performance and monitoring services contracted by Highside at its sole discretion (the “Monitoring Service”). The Monitoring Service reports of availability is currently available at status.highside.net; provided that service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time.

2.2 Monthly Uptime Percentage
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Month in which the Highside Services was in a state of “Unavailable Time” as identified by Monitoring Service.

2.3 Service Credit
A “Service Credit” is a euro credit, calculated as set forth below, that Highside may credit back to an eligible Customer account:

  1. For a calendar month where the Monthly Uptime Percentage, as identified by Monitoring Service, Highside, at its sole discretion after confirming the nature and accuracy of the Unavailable Time, will credit Customer’s account a percentage of 10% of that month’s billings, if the Monthly Uptime Percentage has not been met.
  2. Service Credit shall be issued to Customer’s Highside balance for future use only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other account.

3. Credit Request and Payment Procedures

To apply for a Service Credit, the customer must send a mail to info@highside.net within 30 days of the month in which the Unavailable Time occurred. The mail must include:

  1. “SLA Claim” as the subject of the mail;
  2. the dates and times of the Unavailable Time as listed in the Monitoring Service reports for which you are requesting credit; or
  3. if, for whatever reason, the Monitoring Service has been inoperative during alleged downtime, any applicable information that documents the claimed outage.

4. Exclusions

Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the Highside Services, or any other Highside Services performance issues, that:

  1. are caused by factors outside of Highside’s reasonable control, including but not limited to:
    1. any force majeure event;
    2. carrier related problems or issues; or
    3. Internet access or related problems beyond the demarcation point of Highside or its direct hosting subcontractors (i.e. beyond the point in the network where Highside maintains access and control over the Highside Services);
  2. result from any actions or inactions of Customer or any third party (other than Highside’s direct hosting subcontractor);
  3. result from applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Highside’s direct control); or
  4. arise from Highside’s suspension and termination of Customer’s right to use the Highside Services in accordance with the TOS;
  5. scheduled maintenance; or
  6. problems or issues related to alpha, beta or not otherwise generally available Highside features or products (collectively, the “Exclusions”).

5. Sole Remedy

Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the Highside Services or other failure by us to provide the Highside Services.

Privacy Policy of Highside Telecom B.V.

Having its registered office at the Wilhelminapark 26 in (3581 NE) Utrecht, The Netherlands
Registered with the Chamber of Commerce under number 30182587

Telephone: +31 (0)85 732 5530
Mail: info@highside.net
ACM (Authority for Consumers & Markets) registration numbers: 941547, 941548

Version July 4, 2016

Following in this statement a summary of our practices when it comes to your data collected when you use the Highside platform and our products and services. Please note that some Highside customers may have special agreements with us that specify the collection, use, and sharing of their data. If those special agreements and this notice conflict, those special agreements will apply.

For purposes of this notice, the words “our,” “us,” “we,” and “Highside” refer to Highside Telecom BV and our affiliates (which includes any person or entity that controls us, is controlled by us, or is under common control with us, such as our subsidiary, parent company, or our employees). And, the terms “you,” “your” and “Customer” will refer to you.

Before you submit any information on or through the Highside account portal or use Highside products and services, please carefully review this Privacy statement. By using any part of the Highside website, products, accounts and services, you consent to the collection, use, disclosure and sharing of your information as further outlined below in this Privacy statement.

Summary of this statement:

  • We collect data from you when you set up an account with Highside, like your name, email address, and billing information. We use that data to do things like communicate with you about your account and bill you for using our products and services. We will only send you marketing emails if you specifically opted in for these type of emails. If you no longer want to get marketing emails from us, you can unsubscribe by following the instructions in those emails or contacting customer service.
  • When you use our products and services, we collect data relating to and about your use, like the API calls you make, how many phone calls you make or receive, the contents of the communications, and where calls come from or go to. We show you this information in the account portal so you can manage your account. We also use this to complete calls, route communications traffic, bill you for your use of our products and services, watch out for fraud, and improve our products and services.
  • We share the data we collect from you with telecommunications providers as necessary to complete the communication. We also share data we collect from you with Highside’s third party service providers as necessary for those service providers to perform their services for us. We will also share your data with third parties, if we’re legally required to do so.
  • Check out Section 13 of our Terms of Service if you have a dispute with us.
  • If you want to ask how to delete or access your data, email info@highside.net.

Table of Content

1. Categories of data
2. What data we collect, how we collect it and why
3. What we use your data for
4. Who we may share your data with
5. Data storage, international operations and transfers out of the EU
6. How we secure your data
7. How to make choices about your data
8. How to resolve disputes relating to our privacy practices
9. Annex – Website usage tracking policy

1. Categories of data

    There are three general categories of customer data that we collect or generate from our customers’ use of our products and services. We’ll call these “Customer Content,” “Customer Account Data,” and “Customer Usage Data.”
    I. Customer Content. Customer Content consists of the communications that are sent through integration with certain of Highside’s products and services, like the body of a message or voice communication.
    II. Customer Account Data. Customer Account Data is all the data that relates to the relationship between Highside and its customers, like our customers’ names, contact information, and billing information and records.
    III. Customer Usage Data. Includes operational data like API requests, call or messaging logs, origination and termination points (i.e. to/from numbers), traffic routing information, or usage information. For some of your projects, Customer Usage Data includes your end users’ phone number and email addresses as well.

2. What data we collect, how we collect it and why

Data you share with us directly
When you sign up for an account with Highside through our platform, you’ll be asked to give us your name, email address, and optionally, your company name. You’ll also be asked to create a password. We collect this Customer Account Data so that we know who you are, we can communicate with you about your account, and we can recognize you when you communicate with us through the account portal or otherwise.

When you first sign up for an account, we’ll also ask you for a telephone number so that we can communicate a verification code to that telephone number and have you enter that code into our website. This helps us ensure that you’re actually a human being. You can then use this number as an outgoing caller id for voice calls, and you can set account balance notifications to this number. We may also ask you for a telephone number to contact you, like when you ask to be contacted by our sales team.

When you make your first payment we’ll ask you to provide our payment process with your payment method data like your credit card information, your PayPal account information or any other payment method chosen. Our payment processor, acting on our behalf, gathers this so you can easily make prepayments to use our products and services.

For some products, we may have to obtain a physical address from you. For example, to get a phone number in certain countries, local regulations may require us to have a physical address on file for you or your end user. We may also need this for tax purposes. We may have to share your physical address with the telecommunications carrier from whom Highside obtained the phone number or local government authorities upon their request. Unless prohibited from doing so by law, we’ll let you know if we have to share your address like this.

Similarly, for some of our products, you may have to complete an application form providing details about your company and your intended use of the product, like when you are interested in getting a short code. We’ll use this data for the purpose for which it was gathered from you. We may also use it in connection with improving our own internal processes and services or training our team members.

Also, we gather information about you when you interact with our customer support team, sales team or account management team. For example, when you contact our customer support team, you will be asked to give your account data and tell us the question you have or any problem you’re experiencing. We gather this information so that we can help you with your question or problem. When you communicate with our sales team or account management team, we’ll gather data about you, such as your use case and your business requirements, so that these teams are better equipped to assist you. We may also use this data so that we can improve our products and services and train our team members.

Data we collect from you from your use of our products and services
When you use our products and services, we collect Customer Usage Data. This may include data like what commands your application has communicated to Highside, your IP addresses, how many times you used a Highside product or service, when the product or service was used by you or your end users, the number of calls or messages made or received, the length of calls or messages, where those calls or messages originated or terminated, how those calls or messages were routed, and whether or not the connection was successful or failed.

We collect Customer Usage Data so that you can view it in the account portal and can manage your use of our products and services. We also collect it so that we can properly bill you for your use of our products and services, appropriately manage and route customer traffic, analyse and improve our products and services, and identify and solve problems that arise.

For some of your projects, in addition to the Customer Usage Data mentioned above, we will collect your end users’ telephone numbers and email addresses in order to be able to run your project successfully.

Customer Content we collect from you from your use of our products and services
We also may collect Customer Content in connection with your use of certain products or services. For example, if you use our messaging services, we collect the messages being sent and received so that we can convey those messages to and from the carrier networks. Similarly, to transmit voice calls to and from the telecommunications carrier networks, we have to collect the voice communications being sent and received to route them appropriately. You can also use our products and services to record voice communications or have them transcribed, in which case, we will also collect those voice recordings or transcriptions.

Customer Account Data we collect from other sources
From time to time, we gather publicly-available information about companies that are our customers, such as where they are located, their website URL, their industry, and their size. Sometimes this type of Customer Account Data is obtained through third-party service providers that specialize in pulling together publicly-available information about companies.

3. What we use your data for

Generally, we use all the data that you provide to us or that we collect from you to provide our products and services to you, to enable you to access and use our products and services, to analyse our customers’ use of our products and services, to improve our products and services, and to detect fraudulent or unlawful activity in connection with Highside accounts. Below are some additional details regarding how we use categories of data we collect.

Customer Content
We use Customer Content for the purposes that you allow us access to it, like conveying it to and from telecommunications carrier networks or recording and transcribing it per your instruction. We may also use it to troubleshoot issues such as call quality concerns.

Customer Account Information
We use your email address in connection with your account password to authenticate your account and allow you to access your account data through the account portal.

We also use contact information you provide to Highside to communicate information regarding your account and the products and services you are using or to respond to an inquiry you have sent us.

In addition, we will use your email address to send you information about other Highside products, services, or events that you might be interested in. We will only send you marketing emails if you specifically opted in for these type of emails. You can choose not to receive marketing emails from Highside. If you wish to stop receiving Highside marketing emails you may click on the unsubscribe link that will appear at the bottom of any Highside marketing emails or you can contact customer support.

We will use publicly-available Customer Account Data about your company, such as your industry, the size of your company, and your company’s website URL, to help us understand our customer base better and to tailor information we send you about other Highside products, services, or events.

If you provide us with a physical address in order to obtain a number for which Highside is required to have your physical address on file, we’ll use that address so that we can allow you to have that number and we may use this physical address to calculate taxes. We may also have to share that address with the telecommunications provider from whom Highside obtained the phone number or local authorities upon their request. Unless prohibited from doing so by law, we’ll make an effort to let you know if we have to share your address information like this.

We use your payment information so you can do prepayments in order to put credits on your account. And we use your payment information to create bills.

Your Customer Usage Data
We use your usage data so we account your use of our products and services, appropriately manage and route customer traffic, analyse and improve our products and services, and identify and solve problems with our products and services that arise. We also use certain usage data to support regulatory requirements, such as calculation and reporting of tax or similar obligations.

Data collected through tracking technologies like cookies and web beacons. We collect data through tracking technologies so we can understand how customers are using our account portal and what regions our customers are coming from. This helps us understand our customers better and how we can improve our account portal. We also use this to improve our customer’s navigation experience with our account portal.

4. Who we may share your data with

Unless you give us your permission, we won’t share your Customer Content, Customer Account Data, or Customer Usage Data with third parties, except as described below:
    I. Telephony operators as necessary for proper routing and connectivity. One of the things that Highside provides is an easier way for developers to build applications that make use of the publicly switched telephone network (PSTN) to send communications. Therefore, Customer Content and certain Customer Usage Data is shared with and received from telephony operators to the extent necessary to route and connect those communications from the sender to the intended recipient. How those telephony operators handle your Customer Content and Customer Usage Data is generally determined by those operators’ own policies and local regulations.
    II. Other communications service providers for proper routing and connectivity. Highside also allows you to use its products and services to send or receive communications through communications service providers that do not use the PSTN (often referred to as Over-the-Top (OTT) communications service providers). If you choose to use Highside’s products and services to send or receive communications by way of these providers, Highside will share and receive Customer Content and Customer Usage data with these providers to the extent necessary to route and connect those communications from the sender to the intended recipient. How those communications service providers handle your Customer Content and Customer Usage data is determined their own policies.
    III. Third-party service providers or consultants. We may share your data with third-party service providers or consultants who need access to the data to perform their work on Highside’s behalf, like sharing relevant Customer Account Data with our payment processor so it can process payments on our behalf, or our storage provider for storing your data on our behalf. These third-party service providers are limited to only accessing or using this data to provide services to us and must provide reasonable assurances that they will appropriately safeguard the data.
    IV. Compliance with Laws. We may disclose your data to a third party if:
    a. we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or a government request;
    b. to enforce our agreements and policies;
    c. to protect the security or integrity of our services and products;
    d. to protect ourselves, our other customers, or the public from harm or illegal activities, or;
    e. to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury.
If Highside is required by law to disclose any of your data that directly identifies you, then we will use reasonable efforts to provide you with notice of that disclosure requirement, unless we are prohibited from doing so by statute, subpoena or court or administrative order. Further, we object to requests that we do not believe were issued properly.
    V. Affiliates. We may share your data with our affiliates. We all will only use the data as described in this notice.
    VI. Business transfers. If we go through a corporate sale, merger, reorganization, dissolution or similar event, customer data we gather from you may be part of the assets transferred or shared in connection with the due diligence for any such transaction. Any acquirer or successor of Highside may continue to use your data as set forth in this notice.
    VII. Aggregated or de-identified data. We might also share Customer Account Data or Customer Usage Data with third parties if that data has been de-identified or aggregated in a way that does not directly identify you or your end users.
We do not actively share your data with third party advertisers, unless you give us your consent to do so.

5. Data storage, international operations and transfers out of the EU

We store all the customer data on servers located in the European Union (EU). Our head datacentre is based in the Netherlands and we have redundant back-up locations in other parts of the EU.
But please note that when you use our platform, or our other products and services, your Customer Content, Customer Account Data, or Customer Usage Data may be sent to, or route via countries out of the EU. Some, but not all of this, may be in connection with routing your communications that are sent via our products and services in the most efficient way. Highside employs appropriate mechanisms for cross-border transfers of personal data, as required by applicable local law.

6. How we secure your data

We use appropriate security measures to protect the security of your customer data both online and offline. These measures vary based on the sensitivity of the information that we collect, process and store and the current state of technology. Please note though that no service is completely secure. So, while we strive to protect your data, we cannot guarantee that unauthorized access, hacking, data loss or a data breach will never occur.

You may access your account through our platform by using your email address and a password that you chose when you signed up for Highside’s products and services. To protect the confidentiality of your customer data and protect from unauthorized use of your account, you must keep your password confidential and not disclose it to any other person. Please let us know right away if you think your account or password was compromised or misused.

7. How to make choices about your data

Deletion, access, and changes to Customer Data
You may access and make changes to certain of your Customer Account Data through your account on the Highside platform. You will also be able access Customer Content and various types of Customer Usage Data through your account as well.

To request deletion of your Highside account, email us at info@highside.net. You should know that deletion of your Highside account will result in you permanently losing access to your account and all customer data to which you previously had access through your account. Please note that certain data associated with that account may nonetheless remain on Highside’s servers in an aggregated or anonymized form that does not specifically identify you. Similarly, data associated with your account that we are required by law to maintain will also not be deleted.
If you are an end user of an application that uses Highside’s services, you should direct requests for access and/or deletion of your data associated with that application to the relevant application provider in accordance with that application provider’s own privacy policy.

Promotional communications
You can choose not to receive promotional emails from Highside by following the unsubscribe/opt-out instructions in those emails. Please note that even if you opt out of promotional communications, we may still send you non-promotional messages relating to things like updates to our terms of service or privacy notices, security alerts, and other notices relating to your access to or use of our products and services.

8. How to resolve disputes relating to our privacy practices

If you have a dispute with us relating to our privacy practices, please contact our customer support or email us at info@highside.net. Most disputes can be resolved that way. If we can’t resolve our dispute that way, please see Section 14 (Agreement to Arbitrate) of our General Terms of Service, which describes how disputes will be resolved between us.

9. Annex – Website usage tracking policy

We use cookies to track behaviour of our visitors in order to build browsing patterns and demographic profile. Important to know: visitors that are not logged-in, are always anonymous tracked. Cookie tracking data will only be used to improve the usability of our website or our communications.

Contact us

WE’RE HAPPY TO HEAR FROM YOU

Would you like to know more about Highside Telecom or are you interested in using our services? Give us a call, send us an email or complete the contact form below.



We’re located in the beautiful city of Utrecht in the Netherlands. When you’re around, you are always welcome to visit us for coffee and a chat.

Contact details

Wilhelminapark 26
3581 NE Utrecht
The Netherlands
Tel. +31 (0)85 732 5530
info@highside.net

Register details

OPTA registration numbers: 941547, 941548
Chamber of commerce number: 30182587