5.1. During the Term, the Customer shall comply with all applicable laws and regulations of the Kingdom of Saudi Arabia, including but not limited to the following:
5.1.1. The Customer shall refrain from sending any voice messages containing content that violates any Saudi Arabian regulations.
5.1.2. When conducting advertising calls to End Users, the Customer must:
(a) Provide the End User with the option to give explicit consent to receive advertising calls; implicit consent through privacy policies or service contracts shall not be considered valid. The burden of proof of such consent shall lie with the call initiator.
(b) Enable the End User to request cessation of advertising calls at any time, through both traditional and electronic channels.
(c) Cease all advertising calls within a period not exceeding twenty-four (24) hours from receipt of a cessation request.
(d) Send a notification confirming the activation or deactivation of receiving advertising calls upon receipt of such a request.
(e) Disclose, at the beginning of each educational, advertising, or service call, the purpose of the call, the entity represented, whether the recipient wishes to continue the call, and confirm that the call is made using official contact numbers listed on the entity’s website or official communication channels.
(f) Coordinate with relevant authorities prior to conducting any educational calls to End Users.
(g) Refrain from conducting advertising or educational calls between 10:00 PM and 9:00 AM local time, and during the holy month of Ramadan from 1:00 AM to 12:00 PM local time.
5.1.3. The validity of calls, as defined in the “Definitions and Interpretation” section of this Agreement, shall be as follows:
(a) Government entities may conduct educational, service, and warning calls.
(b) Private entities may conduct advertising, educational, and service calls.
(c) The Customer may use the Voice Services only to transmit personal or general messages introducing the Customer’s services or products, warning messages, security authorization messages (such as one-time passwords), or notification messages sent to its direct or indirect customers.
5.1.4. The Customer shall provide Unifonic with:
(a) All necessary cooperation in relation to these Service-Specific Terms; and
(b) All information or access required by Unifonic, as mandated by applicable law, a regulatory authority, an Operator, or as necessary to provide the Voice Services—including, without limitation, data, security access information, and configuration services.
5.1.5. The Customer shall:
(a) Carry out all other responsibilities set out in this Agreement in a timely and efficient manner;
(b) Ensure that Authorized Users utilize the Voice Services and Unifonic Console in accordance with these Service-Specific Terms and any other applicable terms issued by Unifonic, and the Customer shall be liable for any breach by its Authorized Users;
(c) Assume full responsibility for the content and accuracy of information sent to End Users via the Voice Services. The Customer acknowledges and agrees that Unifonic is under no obligation to monitor or censor any content transmitted through the Voice Services;
(d) Acknowledge and agree that there is no crossover or transfer of balances between any other accounts the Customer may hold with Unifonic across different platforms;
(e) Ensure that its systems and networks comply with the technical specifications provided by Unifonic from time to time; and
(f) Be solely responsible, to the extent permitted by applicable law, for maintaining and securing its own network connections and telecommunications links to the Unifonic Platforms, as well as for all delays, failures, losses, or damages arising from such connections.
5.2. Prohibited Conduct
The Customer shall not:
(a) Distribute or transmit any material via the Voice Services or Unifonic Platforms that:
• Is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or offensive;
• Facilitates illegal activity;
• Depicts sexually explicit content;
• Promotes violence or tobacco products;
• Is discriminatory based on race, gender, color, religion, sexual orientation, or disability;
• Infringes any intellectual property rights of Unifonic or any third party; or
• Is otherwise illegal or harmful to any person or property.
(b) Use the Voice Services to send unsolicited or unnecessary voice messages to any End User.
5.3. Unifonic reserves the right, without liability, to suspend or disable the Customer’s access to the Voice Services or Unifonic Platforms if it becomes aware of any actual or potential breach of this Clause 5.
5.4. The Customer shall use all reasonable efforts to prevent unauthorized access to or use of the Voice Services or Unifonic Platforms. In the event of any unauthorized access or use, the Customer must immediately notify Unifonic.
5.5. Liability for Regulatory Penalties
In the event that the Customer breaches any provision of this Agreement and such breach results in the imposition of any fine, penalty, or sanction on Unifonic by the Communications, Space & Technology Commission (CST), Unifonic shall be entitled to recover from the Customer the full amount of such fine, penalty, or sanction, together with all related costs, including without limitation legal fees, attorney fees, and any other expenses incurred by Unifonic in connection therewith.
