1. Definitions
1.1 “API Credentials” means any API keys, tokens, secrets, usernames, passwords, certificates, or other access credentials used to access the Service.
1.2 “Applicable Law” means all laws, regulations, rules, codes, ordinances, and binding directives applicable to a party, including (as applicable): the Telephone Consumer Protection Act (TCPA), CAN-SPAM, FCC rules and guidance, state consumer protection and privacy laws, and applicable international, federal, state, and local privacy, marketing, and telecommunications laws.
1.3 “AUP” means the Linq Blue Infrastructure Acceptable Use Policy, as updated by Linq from time to time in accordance with Section 16 (Changes).
1.4 “Carrier Requirements” means requirements imposed by mobile network operators, aggregators, carriers, and industry bodies (including CTIA Messaging Principles and Best Practices, 10DLC policies, short code/long code policies, sender ID policies, throughput rules, and content restrictions), as updated from time to time.
1.5 “Customer Data” means data, content, and information submitted to, processed by, or transmitted via the Service by or on behalf of Customer, including message content, recipient phone numbers, sender IDs, and campaign metadata.
1.6 “Documentation” means the technical documentation and usage guidelines for the Service made available by Linq.
1.7 “Order” has the meaning in the preamble.
1.8 “Suppliers” means Linq’s vendors, subprocessors, carriers, aggregators, and other service providers used to deliver or support the Service.
2. Scope; Orders; Incorporation
2.1 Scope. These Terms govern Customer’s access to and use of the Service, including any related dashboards, APIs, and Documentation, and apply only to the Linq Partner API.
2.2 Orders. If Customer purchases the Service under an Order, the Order will specify fees, usage metrics, and any commercial terms. If there is a conflict between these Terms and an Order, the following order of precedence applies: (1) the Order (only for the conflicting subject matter), then (2) these Terms, then (3) the Documentation, then (4) the AUP.
2.3 AUP and Documentation incorporated. The AUP and Documentation are incorporated into these Terms by reference and are part of this agreement.
4. License; Access; Restrictions
4.1 License to use. Subject to Customer’s compliance with these Terms, Linq grants Customer a limited, revocable, non-exclusive, non-transferable, sublicensable right during the Term to access and use the Service and Documentation solely for Customer’s internal business purposes to develop, test, and support applications that interoperate with the Service.
4.2 Restrictions. Customer will not (and will not permit any third party to):
- copy, modify, or create derivative works of the Service (except as expressly permitted in Documentation);
- reverse engineer, decompile, or attempt to discover source code or underlying algorithms (except to the extent prohibited by law);
- access or use the Service to build or benchmark a competing product;
- remove any proprietary notices from the Services or Documentation;
- use the Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right (including privacy right) of any person, or that violate Applicable Law;
- interfere with or disrupt the Service, including by circumventing safeguards, monitoring, filters, or rate limits; or
- use the Service outside the scope of these Terms, the AUP, or Documentation.
5. Use & Compliance Obligations (Messaging/Telecom/Privacy)
5.1 General compliance. Customer is solely responsible for ensuring that its use of the Service complies with Applicable Law, Carrier Requirements, and any program, campaign, sender ID, or content rules applicable to Customer’s messaging.
5.2 Required consents; opt-in. Customer must obtain and maintain all legally required consents, permissions, authorizations, and opt-ins for each recipient before sending messages, including where required by TCPA, FCC rules, state laws, and Carrier Requirements. Customer must be able to demonstrate consent and provide proof upon request under Section 10 (Audit/Cooperation).
5.3 Opt-out and revocation. Customer must provide and honor opt-out mechanisms as required by Applicable Law and Carrier Requirements (including STOP/UNSUBSCRIBE keywords where applicable). Customer must promptly process opt-out requests and ensure that no further messages are sent to opted-out recipients except as permitted by law.
5.4 No spam or unsolicited messaging. Customer will not send spam, unsolicited messages, or messages to recipients without proper consent or in violation of Applicable Law or Carrier Requirements.
5.5 Prohibited content and conduct. Customer will not use the Service to create, send, or facilitate content that is illegal, fraudulent, deceptive, harmful, harassing, abusive, hateful, defamatory, infringing, or otherwise prohibited by Applicable Law or Carrier Requirements. Customer will not impersonate others or misrepresent affiliation or sender identity.
5.6 No circumvention; no evasion. Customer will not evade or circumvent safeguards, filters, compliance checks, sender ID vetting, throughput restrictions, or rate limits; will not attempt to route around carrier blocks; and will not engage in behavior that materially increases carrier complaints or threatens deliverability.
6. Service and Network Limitations; Daily Message Cap; Rate Limits
6.1 Third-Party Dependencies. Customer acknowledges that the messaging functionality of the Service relies on third-party platforms, operating systems, carriers, network providers, and other service providers (including, without limitation, Apple) that are not controlled by Linq (collectively, “Third-Party Providers”). Message transmission, routing, delivery, and timing are subject to the technical, operational, and policy constraints of such Third-Party Providers. Linq does not control and is not responsible for the performance, availability, filtering practices, or operational decisions of any Third-Party Provider.
6.2 Third-Party Message Caps and Rate Limits. Customer’s use of the Service may be subject to message volume caps, daily message limits, throughput limits, rate limits, sender restrictions, campaign restrictions, or similar controls imposed by Third-Party Providers (collectively, “Third-Party Limits”), including limits imposed by the platform providers. Such Third-Party Limits are established and enforced solely by the applicable Third-Party Provider and may change at any time, with or without notice. Linq does not set, control, or guarantee the applicability, enforcement, or consistency of such limits.
6.3 Effects of Exceeding Third-Party Limits. If Customer sends messages in volumes that exceed or approach applicable Third-Party Limits, messages may still be submitted through the Service but may be queued, delayed, deprioritized, throttled, rejected, filtered, blocked, or otherwise subject to degraded delivery speed or performance by Third-Party Providers. In addition, Third-Party Providers or recipient systems may classify messages as spam, promotional, or otherwise undesirable based on their own policies, algorithms, complaint rates, traffic patterns, or other factors beyond Linq’s control.
6.4 No Deliverability or Latency Guarantees. Customer acknowledges that Linq does not guarantee message delivery, delivery timing, routing, prioritization, or deliverability outcomes. Without limiting the foregoing, Linq shall have no responsibility or liability for any message that is delayed, blocked, filtered, misrouted, classified as spam, or otherwise not delivered as intended due to the actions, policies, or technical limitations of any Third-Party Provider or recipient system.
6.5 Best Practices Guidance. Linq may provide documentation, recommendations, or operational guidance intended to help Customers improve message deliverability or reduce the likelihood of filtering or latency degradation. Such guidance is provided for informational purposes only. Customer remains solely responsible for its messaging practices, message content, sending volumes, and compliance with applicable Third-Party Provider policies.
6.6 Service Protection. Without limiting the foregoing, Linq reserves the right to implement reasonable technical safeguards within the Service to protect the integrity, stability, or security of the Service, including measures designed to mitigate abuse, fraud, excessive traffic, or operational risks.
7. Customer Responsibilities; Allocation of Risk
7.1 Customer campaigns and recipients. Customer is solely responsible for:
- the content of all messages;
- recipient lists, list hygiene, and suppression/opt-out lists;
- verifying identity of intended recipients and legality of contacting them;
- campaign setup, segmentation, timing, and frequency; and
- compliance with Applicable Law and Carrier Requirements.
7.2 Linq not responsible for message content or legality. Linq does not originate, select, or control Customer’s message content, recipients, or campaign purposes. Linq is not responsible for the legality, accuracy, or appropriateness of Customer Data or Customer’s messaging practices.
7.3 Customer representations. Customer represents and warrants that:
- it has all rights and consents needed to provide Customer Data and to send the messages it sends;
- its use of the Service will not violate Applicable Law, Carrier Requirements, or third-party rights; and
- it will not use the Service for any prohibited purpose under these Terms, the Documentation, or the AUP.
8. Security; API Credentials; Incident Notice
8.1 Credential protection. Customer will safeguard API Credentials and prevent unauthorized access, including by using reasonable administrative, physical, and technical measures (e.g., least privilege, access logging, secure storage, rotation, and MFA where available).
8.2 No sharing. Customer will not sell, license, share, or transfer API Credentials to any third party except authorized personnel/contractors acting on Customer’s behalf and bound by obligations no less protective than these Terms.
8.3 Incident notification. Customer will promptly (and in any event within 24 hours) notify Linq at [email protected] of any suspected or actual compromise of API Credentials, unauthorized access, or security incident relating to the Service or Customer’s systems that could impact the Service, Customer Data, or recipients.
8.4 Mitigation and cooperation. Customer will promptly take corrective actions to mitigate any compromise and will cooperate with Linq’s reasonable requests to investigate and remediate.
9. Fees; Taxes; Payment
9.1 Fees. Customer will pay the fees set forth in the applicable Order or pricing page referenced in the Order. Unless otherwise stated, fees are non-refundable.
9.2 Taxes. Fees are exclusive of taxes. Customer is responsible for all sales, use, VAT, GST, and similar taxes, excluding taxes on Linq’s net income. If withholding is required, Customer will gross up payments so Linq receives the full amount invoiced, unless prohibited by law.
9.3 Late payments. Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum allowed by law, plus reasonable collection costs.
10. Audit; Cooperation; Investigations and Carrier Complaints
10.1 Cooperation obligation. Customer will promptly and reasonably cooperate with Linq, Suppliers, carriers, regulators, or law enforcement in connection with:
- investigations of suspected violations of Applicable Law or Carrier Requirements;
- carrier inquiries, filtering, blocking, or complaint investigations;
- requests for proof of consent, opt-in records, campaign details, or suppression/opt-out compliance; and
- remediation plans required to restore deliverability or program standing.
10.2 Information requests. Upon request, Customer will provide timely documentation reasonably necessary to demonstrate compliance, including consent records, message templates, sender IDs, opt-in flows, privacy notices, and complaint-handling processes.
10.3 Audits (limited). If Linq reasonably believes Customer is violating these Terms, the AUP, or Carrier Requirements (or Linq is required by a carrier/Supplier/regulator), Customer will permit Linq to conduct a limited audit of Customer’s relevant records and processes (remotely where feasible) to verify compliance, subject to reasonable confidentiality protections.
11. Confidentiality and Data Use
11.1 Definition. “Confidential Information” means any non-public information disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”) in connection with these Terms that is designated as confidential or that reasonably should be understood as confidential, including: the Service, Documentation, security measures, pricing, product roadmaps, technical information, and business information. Customer Data is Customer’s Confidential Information. Linq’s non-public API designs, performance information, and security architecture are Linq’s Confidential Information.
11.2 Permitted use and protection. The Receiving Party will:
- use Confidential Information solely to perform or receive benefits under these Terms;
- protect it using at least reasonable care and no less than the care used to protect its own similar information; and
- disclose it only to its employees, contractors, and professional advisers who need to know and are bound by confidentiality obligations at least as protective as these Terms.
11.3 Exclusions. Confidential Information does not include information that the Receiving Party can demonstrate:
- is or becomes public through no breach by the Receiving Party;
- was known to the Receiving Party without confidentiality restriction before receipt;
- is rightfully received from a third party without breach of any obligation; or
- is independently developed without use of the Disclosing Party’s Confidential Information.
11.4 Compelled disclosure. If the Receiving Party is required by law, regulation, or court order to disclose Confidential Information, it will (to the extent legally permitted) give the Disclosing Party prompt notice and reasonable cooperation (at the Disclosing Party’s expense) to seek protective treatment. The Receiving Party will disclose only the minimum required based on the reasonable advice of counsel.
11.5 Return or destruction. Upon termination or upon request, the Receiving Party will return or destroy the Disclosing Party’s Confidential Information, except that it may retain copies as required by law or for routine archival/backup purposes, provided it remains protected.
11.6 Survival. Confidentiality obligations survive for 5 years after termination, except for trade secrets, which survive as long as they remain trade secrets under applicable law.
11.7 Data Collection and Use. Linq may collect certain information through the API about Customer or any of Customer's employees, contractors, agents, or end-users. By accessing, using, and providing information to or through the API, Customer consents to all actions taken by Linq with respect to Customer's information in compliance with the then-current version of Linq's privacy policy.
12. Suspension; Term; Termination
12.1 Immediate suspension. Linq may immediately suspend or restrict access to the Service (in whole or in part), without prior notice and without liability, if Linq reasonably determines that:
- Customer’s use violates these Terms, the AUP, Applicable Law, or Carrier Requirements;
- Customer’s messaging creates carrier/legal/regulatory risk to Linq or any Supplier;
- Customer’s traffic causes or is likely to cause harm, abuse, fraud, security risk, or material complaint rates; or
- a carrier/Supplier requires suspension, blocking, filtering, or takedown.
12.2 Remediation. Linq may require Customer to implement specific corrective actions as a condition to reinstatement (e.g., changes to consent flows, content, frequency, sender registration, suppression list management, or security controls).
12.3 Term. These Terms shall be in effect from the Effective Date and continue for the initial subscription term set forth in the applicable Order Form (the “Initial Term”). Unless otherwise specified in the Order Form, the subscription will automatically renew for successive periods equal to the Initial Term (each, a “Renewal Term,” and together with the Initial Term, the “Term”), unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current Term.
12.4 Termination for cause. Either party may terminate these Terms (or any Order) immediately upon notice if: (a) either Party materially breaches and fails to cure within 30 days after notice (if curable), or (b) the breach is not curable (including repeated non-compliance, unlawful messaging, or intentional circumvention).
12.5 Termination for convenience. Linq may immediately terminate or suspend this Agreement, any rights granted herein, and Customer's licenses under these Terms, in Linq's sole discretion, at any time and for any reason, by providing notice to Customer or revoking access to the API.
12.6 Effect of termination. Upon termination:
- Customer’s rights to access the Service end immediately;
- Customer will cease sending messages via the Service;
- each party will return or destroy the other party’s Confidential Information per Section 11; and
- any fees owed become immediately due and payable.
In the event of termination by Customer pursuant to Section 12.4, Linq shall issue a prorated refund of prepaid fees for the remainder of the then current term.
13. Intellectual Property; Feedback
13.1 Linq IP. Linq and its licensors retain all rights, title, and interest in and to the Service, API, Documentation, and all related technology and intellectual property. No rights are granted except as expressly stated.
13.2 Customer Data. Customer retains rights in Customer Data as between the parties. Customer grants Linq a non-exclusive, worldwide license to host, copy, transmit, process, and display Customer Data as necessary to provide, secure, and support the Service, comply with Applicable Law/Carrier Requirements, and enforce these Terms.
13.3 Feedback. If Customer (or any of its employees, contractors, agents, or end-users) provide any feedback, suggestions, or ideas, Linq may use them without restriction, attribution, or obligation (compensation or otherwise), and Customer grants Linq a perpetual, irrevocable, worldwide, royalty-free license to do so. Without limiting the foregoing, Linq shall have no obligation to use any such feedback.
14. Subprocessors; Vendors; Carriers
14.1 Use of Suppliers (including Plum). Customer acknowledges that Linq may use Suppliers (including carriers, aggregators, hosting providers, analytics providers, and support vendors) to provide, route, deliver, filter, monitor, or support the Service.
14.2 Third-party terms. Certain Suppliers or carriers may impose requirements that apply to Customer’s use (e.g., registration, vetting, templates, content restrictions, throughput, and complaint thresholds). Customer agrees to comply with such requirements as communicated by Linq.
14.3 Subprocessor changes. Linq may add or replace Suppliers from time to time. Where required by applicable privacy law, Linq will maintain and provide a list of subprocessors and update it as appropriate.
15. Privacy
15.1 Customer responsibilities. Customer will provide all notices and obtain all consents required to collect, use, and share Customer Data (including phone numbers and message content) and to instruct Linq to process Customer Data to provide the Service.
15.2 Data processing. If required, the parties will enter into a data processing addendum.
16. Changes to Terms, AUP, and Service
16.1 Changes. Linq may update these Terms, the AUP, Documentation, and Service features from time to time. Linq will provide notice as required by law or reasonably practicable (e.g., posting within the Service, documentation updates, or email).
16.2 Effect of changes. Changes will be effective on the date specified in the notice or, if none, upon posting. Customer’s continued use of the Service after the effective date constitutes acceptance, except where prohibited by law.
17. Disclaimers
17.1 Service provided “as is.” THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” LINQ DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
17.2 Messaging not guaranteed. LINQ DOES NOT WARRANT THAT MESSAGES WILL BE DELIVERED, RECEIVED, READ, OR TIMELY. DELIVERY AND PERFORMANCE DEPEND ON CARRIERS, NETWORKS, RECIPIENT DEVICES, CONTENT FILTERING, AND OTHER FACTORS OUTSIDE LINQ’S CONTROL.
17.3 Compliance and outcomes. Linq does not provide legal advice and does not warrant that Customer’s use of the Service will comply with Applicable Law or Carrier Requirements. Customer is solely responsible for compliance.
18. Limitation of Liability
18.1 Exclusion of damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
18.2 Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LINQ’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO LINQ FOR THE SERVICE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR, IF THE TERM IS SHORTER, THE FEES PAID OR PAYABLE DURING THE TERM).
18.3 Basis of bargain. The parties acknowledge that the limitations in this Section 18 are an essential basis of the bargain.
18.4 Exceptions. Nothing in these Terms limits liability for: (a) Customer’s payment obligations; (b) Customer’s indemnification obligations; or (c) either party’s gross negligence or willful misconduct to the extent such limitation is prohibited by law.
19. Indemnification (Customer)
19.1 Indemnity obligation. Customer will defend, indemnify, and hold harmless Linq, its affiliates, and its and their respective officers, directors, employees, agents, and Suppliers (including carriers, and other vendors/subprocessors) from and against any and all claims, demands, actions, investigations, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- (a) Customer Data, message content, sender IDs, or campaigns transmitted through or facilitated by the Service;
- (b) Customer’s alleged or actual violation of Applicable Law, including TCPA, CAN-SPAM, FCC rules, state privacy laws, or consumer protection laws;
- (c) Customer’s alleged or actual violation of Carrier Requirements or CTIA/campaign rules;
- (d) any carrier, aggregator, or Supplier claim, demand, suspension, chargeback, penalty, or assessment attributable to Customer’s traffic, complaint rates, registration status, or content;
- (e) any third-party claim by a recipient or other person relating to unwanted messaging, privacy, consent, opt-out failures, misrepresentation, harassment, or content; and
- (f) Customer’s breach of these Terms or the AUP.
19.2 Regulatory fines and carrier claims included. The indemnity in Section 19.1 expressly includes regulatory fines and penalties, carrier/aggregator claims and assessments, and claims alleging TCPA/CAN-SPAM violations or unlawful/unsolicited messaging.
19.3 Process. Linq will: (a) promptly notify Customer of the claim (failure to do so will not relieve Customer except to the extent materially prejudiced); (b) allow Customer to control the defense and settlement, provided Customer may not settle any claim in a manner that admits fault by or imposes non-monetary obligations on Linq without Linq’s prior written consent; and (c) provide reasonable cooperation at Customer’s expense.
20. Notices
20.1 Method. Notices must be in writing and delivered by: (a) email; (b) nationally recognized overnight courier; or (c) certified mail (return receipt requested). Linq may also provide operational notices via the dashboard or Documentation.
20.2 Addresses.
To Linq: [email protected] and 1904 1st Ave., N, Suite 200, Birmingham, AL 35203
To Customer: the email and address associated with Customer’s account or the applicable Order.
20.3 Deemed receipt. Email notices are deemed received when sent (absent bounce-back). Courier and mail notices are deemed received upon delivery (or attempted delivery).
21. Assignment
Customer may not assign or transfer these Terms without Linq’s prior written consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets, provided the assignee agrees in writing to be bound. Linq may assign these Terms without notice or restriction.
22. Force Majeure
Neither party is liable for delays or failures due to events beyond its reasonable control (e.g., carrier outages, network failures, supplier interruptions, attacks, natural disasters, labor disputes, governmental actions), provided it uses reasonable efforts to mitigate.
23. Dispute Resolution; Governing Law
23.1 Governing law. These Terms are governed by the internal laws of the State of Delaware, without regard to conflict-of-law rules that would require or permit the application of the laws of any jurisdiction other than those of the State of Delaware.
23.2 Dispute Resolution. In the event of a dispute that cannot be resolved through negotiation, the Parties agree to submit the dispute to binding arbitration under the then-current commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted before a single arbitrator in Birmingham, Alabama, and will be decided solely upon written submissions without any in-person or telephone hearings. The arbitrator may, but is not required to, state the factual and/or legal basis of the award. In any arbitration, the arbitrator shall award the successful Party its legal fees, including, without limitation, reasonable attorneys’ fees. Subject to the foregoing, any legal suit, action, or proceeding arising out of or related to these Terms or the Service will be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama, in each case located in Birmingham, Alabama, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
23.3 Injunctive Relief; Equitable Remedies. Each party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 11 (Confidentiality) or Section 4 (License; Access; Restrictions) would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy.
24. Miscellaneous
24.1 Severability. If any provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, it will be modified to the minimum extent necessary to make it enforceable, and the remainder will remain in effect. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify these Terms so as to affect the original intent of the Parties as closely as possible in a mutually acceptable manner.
24.2 Waiver. A waiver must be in writing and is limited to the specific instance. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms will operate or be construed as a waiver thereof.
24.3 Entire agreement. These Terms, the AUP, Documentation, and any Orders constitute the sole and entire agreement of the Parties regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
24.4 No third-party beneficiaries. Except for Linq’s Suppliers under Section 19, there are no third-party beneficiaries. Nothing in these Terms creates any agency, joint venture, partnership, or other form of joint enterprise, employment, or fiduciary relationship between the Parties.
24.5 Relationship. The parties are independent contractors.
24.6 Export Regulation. The Service and Documentation may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. Customer shall not, directly or indirectly, export, re-export, or release the Service to, or make the Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. Customer shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Service available outside the US.
