Last updated: December 12th, 2021.

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.smsit.ai or https://*.smsit.ai (wildcard) website/app (the “Service”) operated by SMS-iT™ (“us”, “we”, or “our”).

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SMS marketing makes it easy to reach customers directly at a relatively low cost. But if you don’t adhere to the text message privacy laws and regulations that are in place to protect consumers, you risk incurring massive fines and penalties.

In this section, we’ll share everything you need to know about text message privacy laws in the United States, Canada, the European Union and the United Kingdom, plus best practices for keeping your business compliant with text marketing laws. This would imply that you are fully aware of the text message privacy laws, and have fully agreed to comply with all the laws governing your region, before using our service.

The Importance of Following Text Marketing Laws
SMS marketing is an excellent way for businesses to communicate promotions and offers to customers. However, not all businesses follow SMS rules in their text message engagement with customers.

Without an understanding of proper and legal protocol, businesses may unknowingly send unsolicited text messages and spam their audience with irrelevant information, products, services or offers.

Additionally, some companies only want to collect personal data for other purposes (some potentially unethical) and have no real interest in engaging with or providing value to customers.

To uphold the privacy and protection of personal information, the Cellular Telecommunications Industry Association (CTIA) was formed to impose ethical text marketing practices. Other organizations and stakeholders, such as the Mobile Marketing Association (MMA), Federal Communications Commission (FCC) and Federal Trade Commission (FTC) also monitor, regulate or enforce rules that apply to SMS marketing.

Any company that uses SMS and MMS to communicate with audiences must comply with the rules put forth by these regulators. Businesses that violate text message privacy and text spam laws will incur penalties and hefty fines.

Text Message Privacy Laws in the United States
Electronic communications in the United States are carefully regulated through strict SMS rules. In addition to these federal regulations, businesses must also observe all text messaging laws by state that may apply to their region.

Four stakeholders oversee wireless device laws for texting in the U.S.:

Cellular Telecommunications Industry Association (CTIA), a group that represents the wireless communications industry.
Mobile Marketing Association (MMA), which encourages marketing transformation and innovation through mobile devices (like SMS marketing).
Federal Communications Commission (FCC), an independent government agency that regulates electronic and media communications by wire, satellite, cable, TV and radio.
Federal Trade Commission (FTC), another government agency that protects consumers by dealing with complaints or violations that occur via media communications.
The CTIA and MMA advocate for ethical wireless communications and aim to establish the best marketing practices for mass SMS texting.

The FCC and FTC, on the other hand, have legislative powers to enact laws, regulations and penalties for businesses.

Next, we’ll cover the two text messaging privacy laws enforced in the U.S.: the Telephone Consumer Protection Act and the CAN-SPAM Act.

1. Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act (TCPA) is a product of the FCC. The TCPA is the primary anti-telemarketing law and the leading regulator of SMS marketing.

Under the TCPA, businesses may not send messages to consumers without their consent. Even if an individual provides their phone number or has a long-standing relationship with the business, the company cannot text the individual if they have not granted written consent.

Businesses are required to obtain explicit written consent (not verbal) to add subscribers to their subscription list. Written consent doesn’t refer to writing on paper, but rather consent that is documented and saved.

As consumers opt in to SMS marketing campaigns, they must receive clear, conspicuous disclosure of the text messages they will receive. They must also agree to receive these messages on their mobile device.

Here are some compliant ways for an individual to join an SMS marketing subscription database:

Keyword texting: Customers text a keyword from their mobile device to join an SMS database.
Paper form: Customers fill out a paper form that clearly states they agree to receive text messages through their phone number from a business.
Online form: Likewise, an online form must explicitly state that the consumer is subscribing to receive text messages from the company once they provide their phone number.
Website popups: A popup form on your website can share details of your SMS program and allow engaged visitors to opt in.
It’s critical to be completely transparent with subscribers. Here’s what contacts should expect to receive:

A description of the program they are subscribing to.
The approximate number of messages they should expect to receive in a defined period (such as per week or month).
A link to the full terms and conditions of the privacy policy.
Instructions on how to opt out from receiving messages (STOP instructions), as well as how they can get help information (HELP instructions). Businesses can provide a link that contains detailed information about these instructions.
Businesses should send texts via short codes, which are five or six-digit phone numbers that prevent messages from getting flagged as spam. Using shortcodes ensures that communications are regulated by wireless carriers and CTIA guidelines.

2. CAN-SPAM Act
The CAN-SPAM Act works in conjunction with TCPA and is the main text spam law in the United States.

Under the CAN-SPAM Act, the FCC can regulate commercial texts sent to wireless devices to protect consumers from unwanted mobile commercial messages.

The CAN-SPAM Act makes it illegal for businesses to send unwanted text messages to cell phone numbers and requires that any commercial message be easily identifiable by the receiver as an advertisement. Consumers must also be able to unsubscribe from receiving messages.

The CAN-SPAM Act does not apply to messages regarding existing transactions or relationships, such as delivery notifications.

Text Message Privacy Laws in Canada
Canada passed the Canada Anti-Spam Legislation, otherwise known as CASL, in 2014. This text spam law is similar to the Telephone Consumer Protection Act.

Canada’s Anti-Spam Legislation (CASL)
Under the CASL, businesses who wish to send electronic messages to consumers must fulfill three core requirements:

Obtain consent
Provide identification information
Provide an unsubscribe mechanism
There are also two avenues for obtaining consent: implied or express.

Implied consent refers to an individual providing or disclosing their contact information to a business, thus permitting consent.
Express consent refers to an individual explicitly agreeing to receive electronic communications from a business.
Text Message Privacy Laws in the European Union
The European Union (EU) also has SMS rules and regulations regarding electronic communications, namely the General Data Protection Regulation (GDPR).

General Data Protection Regulation (GDPR)
The GDPR, enacted in May 2018, applies to any country that wants to do business with the European Union or use EU citizens’ personal data.

Businesses must adhere to these seven principles to be GDPR-compliant:

Obtain consent
Report any security breaches to customers within 72 hours
Provide customers the rights to access their personal data
Provide customers the rights to reuse their personal data outside the business
Provide customers the rights to have their data erased completely
Deploy appropriate security measures to safeguard data collection
Have the capability to appoint a Data Protection Officer (DPO) if necessary
The GDPR applies to all commercial text messages and data security in general. Therefore, GDPR may affect other aspects of an organization’s marketing activities. Non-compliance will result in a costly penalty.

Text Message Privacy Laws in the United Kingdom
The U.K. has supporting regulations that work in conjunction with the GDPR. They are the Privacy and Electronic Communications Regulations (PECR) and the Data Protection Act.

Privacy and Electronic Communications Regulations (PECR) and Data Protection Act
The PECR applies to any electronic marketing methods and website tracking (such as cookies) and their respective security measures and privacy rights.

These laws “[recognise] that widespread public access to digital mobile networks and the internet opens up new possibilities for businesses and users, but also new risks to their privacy.”

The U.K.’s Data Protection Act regulates how businesses can store and use consumers’ personal information. Under this act, personal info must be used “fairly, lawfully and transparently.” Businesses can only use data when relevant and appropriate, and cannot store the data longer than necessary.

Similar to GDPR principles, customers have the right to know how their data is being used or have data updated or erased.

How to Leverage SMS Marketing Legally
With all the strict text marketing regulations out there, you need to be attentive and careful with your SMS strategy. To ensure that the benefits of SMS marketing are not hindered because of marketing laws, follow these best practices for compliant SMS campaigns.

Get Written Consent
Consent is the most important aspect of compliance. Whether your business uses shortcodes, paper forms or online forms, the written consent must be explicit, transparent and comprehensive for customers to agree to the conditions. Please note: You cannot ask customers to purchase a product or a service as a condition of the written consent.

Pro Tip: Remember that web opt-ins also require double opt-ins. According to the CTIA, you must provide consent on a web form and follow-up with a confirmation text from the subscriber. Shortcodes or direct text consent only require one step, which is more straightforward for most businesses.

Confirm Opt-Ins
Send your subscribers a confirmation as soon as they opt in to your campaign. Your confirmation message should contain information regarding what the consumer has subscribed for, such as:

Validation of a successful subscription
Your campaign’s purpose
Your organization’s identity
An approximate frequency of the messages your subscribers will get from you
Information about opting out if needed
Information about data required by the text messages, and charges if applicable
Terms and conditions, and your organization’s privacy policy
A keyword your subscribers can text if they need assistance or information regarding your campaign
You should also include this information in your campaign’s call-to-action. If you’re worried about overwhelming your customers with information, you can simply provide URLs to your privacy policy, FAQ or help center instead.

The CTIA also allows abbreviations of your terms and conditions and privacy policies. Follow these requirements:

Abbreviations must be clear
Abbreviations cannot be blocked by any kind of pop-up message
Abbreviations should not have pre-checked confirmation boxes
Abbreviations must always be accessible

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or SMS-iT™ cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting SMS-iT™ customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide SMS-iT™ with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize SMS-iT™ to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, SMS-iT™ will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

SMS-iT™ , in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

SMS-iT™ will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

This Refund Policy ("Policy") outlines the terms and conditions governing refunds for subscriptions and hardware purchases made through the SMS-iT platform and its associated store.

Subscription Refunds:

• All subscriptions sold on this platform are non-refundable.
• Sales are final on all subscriptions.
• Under no circumstances or conditions are refunds permitted or honored for any subscription.

Cancellation of Subscriptions:

To cancel your subscription, please log in to your account, click on Change Plans and click on the CANCEL button available at your subscription or plan. Once the CANCEL button is clicked, your subscription will be automatically cancelled.

Hardware Purchases from SMS-iT Shop/Store:

• Hardware items purchased from the SMS-iT Shop/Store at store.smsit.ai can be returned within 30 days of the delivery date.
• Only defective or damaged items will be eligible for return. Any other reason for return will be rejected.

Chargebacks:

• In the event that a chargeback is initiated by the customer, the customer's subscription access will be immediately terminated, and access will not be reinstated until the chargeback is resolved in favor of SMS-iT.
• The customer acknowledges that initiating a chargeback constitutes a breach of this Policy and may result in legal action to recover any losses incurred by SMS-iT.

No Warranty or Guarantee:

• SMS-iT makes no warranties or representations, express or implied, regarding the performance or suitability of any products or services offered through this platform. All products and services are provided "as is" without warranty of any kind.

Limitation of Liability:

• In no event shall SMS-iT be liable for any direct, indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data, or use, incurred by the customer or any third party.

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

SMS-iT™ has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of SMS-iT™ or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at [email protected]

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SMS-iT™ and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SMS-iT™ .

The Code of Conduct contains five straightforward requirements for message senders:

Only companies in good standing may engage in high-throughput traffic.

To protect the integrity of text messaging networks and services, including the business operations of legitimate service providers, message senders of high-throughput text messaging must pass a basic validation during onboarding with the service provider and maintain good standing.

The consumer must give the appropriate consent for the given message type.

Consumer opt-in and opt-out must work correctly
Consumer opt-in and opt-out functionality is enforced at the network level via the STOP and UNSTOP keywords. This functionality cannot be disabled for service providers or message senders. Message senders have additional obligations for processing of opt-out messages that must be honored. Phishing, spam, and unwanted illicit content is prohibited
Message content that deceives or threatens consumers, including phishing, is not permitted. Even if a consumer consents to receive messages, the messages must not be deceptive; TCPA compliance alone does not satisfy this condition. Creative methods to evade these requirements is prohibited

The spirit of these requirements is straightforward; to protect both consumers and networks. Message senders acting in bad faith to thwart or undermine the spirit of these requirements are addressed on a case-by-case basis. Best Practices for Sending Messages

Consumers should always be given the choice to receive or block text messages from a specific message sender. This principle underpins the requirements for the opt-in and opt-out mechanisms. In addition, the Federal Communications Commission (FCC) enforces rules under the Telephone Consumer Protection Act (TCPA) to protect consumers from unwanted calls or text messages. Businesses that send text messages to consumers should be aware of these rules. Violating the TCPA is a serious matter, with statutory damages of $500 to $1,500 per violation (text message sent). Consent
The message sender must obtain proper consumer consent for each message sent. The type of consent that is required depends on the type of message content sent to the consumer. The table below includes the types of messaging content and the associated consent that is required. Consumers can revoke consent at any time and in any way. Consumer opt-out requests must be honored, whether they are made by phone call, email, or text. Types of Messaging Content and Required Consent

Conversational
Conversational messaging is a back-and-forth conversation that takes place via text. If the consumer texts into the business first and the business responds quickly with a single message, then it’s likely conversational. If the consumer initiates the conversation and the business simply responds, then no additional permission is required.

The first message is always sent by the consumer
Two-way conversation
Message responds to a specific request
IMPLIED CONSENT
If the consumer initiates the text message exchange and the business only responds to each consumer with relevant information, then no verbal or written permission is required.

Informational
Informational messaging is when a consumer gives their phone number to a business and asks to be contacted in the future. Appointment reminders, welcome texts, and alerts fall into this category because the first text sent by the business fulfills the consumer’s request. A consumer should agree to receive texts when they give the business their mobile number. The first message is sent by the consumer or business
One-way alert or two-way conversation
Message contains information
EXPRESS CONSENT
The consumer should give permission before a business sends them a text message. Consumers can give permission over text, on a form or website, or verbally. Written permission also works.

Promotional
Promotional messaging is when a message is sent that contains a sales or marketing promotion. Adding a call-to-action (such as a coupon code to an informational text) may place the message in the promotional category. Before a business sends promotional messages, the consumer must agree in writing to receive promotional texts. Businesses that already ask consumers to sign forms or submit contact information can add a field to capture the consumer’s consent.

The first message is sent by the business
One-way alert
Message promotes a brand or product
Prompts consumer to buy something or go somewhere
EXPRESS WRITTEN CONSENT
The consumer should give written permission before a business sends them a text message. Consumers can sign a form, or check a box, to allow promotional text messages. Participation in text promotions should never be a requirement.

Revoking Consent (opt-out)
Carriers require opt-out compliance by supporting the STOP keyword at the network level. This opt-out system is active by default across all accounts. A STOP request blocks all text message exchanges between an individual mobile number and a text-enabled business number. A consumer can opt back in at any time by replying with the keyword UNSTOP.

Consumer Notification
The best practice of notifying the consumer of their ability to opt-out from future messages from the message sender. This is especially important when sending informational or promotional messages. An example would be to include the sentence, “Reply STOP to unsubscribe” to the end of the initial message sent to the consumer. We recommend sending this communication on at least every 5th informational or promotional message for continued consumer awareness.

Opt-Out Keywords and Messages
A consumer can opt out of communication with any message sender on the network by texting the keyword “STOP” to the message sender’s phone number. The keyword is not case sensitive and triggers an opt-out only when sent as a single word with no punctuation or leading spaces (any trailing spaces are trimmed). If the consumer uses the opt-out keyword within a sentence, then an opt-out is not triggered.

Examples of Valid Opt-Out Messages
“STOP”
“Stop”
“stop”
“STop”

Examples of Invalid Opt-Out Messages
“Hey can you stop texting me?”
“Stop it”

The opt-out confirmation message returned to a consumer is generic and gives instructions on how to opt back into service again with the message sender’s phone number.

Opt-out Confirmation Message
NETWORK MSG: You replied with the word “STOP” which blocks all texts sent from this number. Text back “UNSTOP” to receive messages again.

Opt-In Keywords and Messages
A consumer can opt back in at any time to receive messages by texting the keyword “UNSTOP” to a message sender’s phone number. The keyword is not case sensitive and triggers an opt-in only when sent as a single word, with no punctuation or leading spaces (any trailing spaces are trimmed). If the consumer uses the opt-in keyword within a sentence an opt-in is not triggered.

Examples of Valid Opt-In Messages
“UNSTOP”
“Unstop”
“unstop”
“UNStop”

Examples of Invalid Opt-In Messages
“Hey can you enable me again?”
“Unstop me!”
The message returned to a consumer is generic and informs the consumer they can start two-way texting with the message sender’s phone number again.

Opt-In Confirmation Message
NETWORK MSG: You have replied “UNSTOP” and will begin receiving messages again from this number.

Expectation Upon Receipt of Opt-Out/Opt-In
A message sender must act upon every opt-out event sent to them from the carrier. The opted-out consumer phone number must be removed from all distribution lists and be logged as “opted out” from SMS communications. This ensures that future messages are not attempted and consumer consent is honored.

Sending to a Consumer That Has Opted Out
If a message sender attempts to send a text message to a consumer that has opted out of communications with the specific phone number of the sender, then an error message is returned. The error message is returned within a final delivery receipt and has a status code of 1110 (decimal)/ 456 (hex). If final delivery receipts are not enabled, then no notification is presented to the message sender.

Disallowed Sending Practices
If a message sender is observed performing any of the disallowed sending practices that are listed below, then an account review is performed. The review can result in the suspension of sending rights for a provisioned phone number; restriction of high-throughput access; suspension of provisioning rights for new phone numbers; and/or suspension of all network services.
All message senders are expected to enforce restrictions on their own networks to prevent these sending practices at the intake source.

Continued sending to opted out consumers
When a consumer opts out, they should no longer receive messages from that message sender. If they do receive messages, then it’s likely that the opt-out event was either not processed or processed incorrectly within the message sender’s network.

Opt-out avoidance
If a consumer opts out of communications with a business, then disregarding the consumers opt-out and sending a message from a new phone number from the same business is not allowed.

High opt-out rate
The daily opt-out rate on a phone number is defined as the total number of unique consumer phone numbers divided by the unique opted out consumers that were sent messages within a 24-hour period. If the daily opt-out rate on a sending phone number is 5% or greater, then the number is flagged for monitoring. An opt-out rate of 10% or greater on a sending phone number may result in immediate suspension of services.

Snowshoe sending
Snowshoe sending is defined as a technique used to spread messages across many source phone numbers, specifically to dilute reputation metrics and evade filters. Carriers actively monitor for snowshoe sending. If they discover snowshoeing, then the sending phone numbers may have their sending rights immediately suspended.

URL cycling
This practice is defined as the utilization of multiple destination URLs on the same message content for the specific purpose of diluting reputation metrics and evading filters. URL cycling does not include the use of unique “personal” links to give a consumer custom content via a URL shortener or other means.

Best Practices for Message Content
SMS-iT™ recommends the following best practices when generating content and choosing source phone numbers. High quality, well-formatted content is more likely to be opened and read by a consumer and less likely to be mistaken as spam by Consumers, Operators, and Carriers.

Recommendations for Content Creation
These best practices make messages more valuable to consumers and less likely to trigger real-time content analysis from flagging messages incorrectly as spam.

Use one recognizable number
Each campaign should use one primary phone number. Using a single number for both text and voice calls is recommended.

Use one recognizable domain name
Each campaign should be associated with a single web domain. Although a full domain is preferred, a URL shortener may be used to deliver custom links.

Use natural language
You should use natural language in your messages, which means that you do not use non-standard spellings. For example, “H! h0w ar3__you do1ng?” is a nonstandard spelling.

Direct consent
You should collect the consumer consent yourself, and not use consent acquired from a third party. The consumer is expecting a relationship with the business they interacted with.

Set expectations on frequency
You should set the proper expectation with the consumer for informational or promotional messages. If you are sending 5 texts a month, then disclosing “5/msg a month” on the first interaction is a positive user experience.

Age, Geographic, and Other Restrictions
Additional restrictions may apply if your messaging is related in any way related to alcohol, firearms, gambling, tobacco, or other adult content. You must:

Obtain and keep records of consent from every message recipient
Ensure that no message recipient is younger than the legal age of consent based on the best geographical knowledge of where the recipient is located.
Ensure that the message content complies with the SMS-iT™ Message Requirements and Code of Conduct and all applicable laws of the jurisdiction in which the message recipient is located.
Be able to provide proof that you are able to ensure compliance with these restrictions.

Disallowed Content
There are some types of messages that we can’t allow on our platform, even if the the recipient gives approval. If a message sender is observed sending any of the below listed disallowed content, then an account review is performed. This review can result in the suspension of sending rights for a provisioned phone number; restriction of high-throughput access; suspension of provisioning rights for new phone numbers; and/or suspension of all network services.

Message senders are expected to enforce restrictions on their own networks to prevent these types of content at the intake source.

Illegal Content
Content that is Illegal in the jurisdiction where the message recipient lives. For example – because United States federal laws prohibit the sale of recreational or medical cannabis and cannabis-derived CBD, those messages would not be allowed.

Harassment
Hate speech or harassment, or any communications from groups whose primary purpose is deemed to be spreading hate.

Phishing
Phishing is the practice of sending messages that appear to come from reputable companies but in fact trick consumers into revealing personal information, such as passwords and credit card numbers.

Fraud or scam
Any messages that constitute a fraud or scam, which involves wrongful or criminal deception intended to result in a financial or personal gain, are prohibited. These messages generally involve money and/or some sort of business transaction.

Deceptive marketing
Marketing messages must be truthful, not misleading, and, when appropriate, backed by scientific evidence in order to meet the standard held by the Federal Trade Commission’s (FTC) Truth In Advertising rules. The FTC prohibits unfair or deceptive advertising in any medium, including text messages.

Malicious Activity & Content
Any content that is designed to intentionally evade security, throughput or other SMS-iT™ filters. This also includes malicious content, such as malware or viruses.

Social Marketing
Collections

Applies only to the Cloud Version – Financial services, whether account notifications, marketing, collections or billing for:
a. High-risk/subprime lending/credit card companies
b. Auto loans.
c. Mortgages.
d. Payday loans.
e. Short-term loans.
f. Student loans.
g. Debt consolidation/reduction/forgiveness.

Insurance.
a. Car Insurance.
b. Health Insurance.

Gambling, Casino, and Bingo.
Gift cards.
Sweepstakes.
Free prizes.
Investment opportunities.
Lead generation.
Recruiting.
Commission programs.
Credit repair.
Tax relief.
Illicit or illegal substances
Work from home.
Get rich quick
UGGS and RayBan campaigns
Phishing
Fraud or scams
Cannabis.
Deceptive marketing
SAFT: Sex, Alcohol, Firearms or Tobacco related content.
Hate/Harassment
Any malicious activity that is designed to intentionally evade security, throughput or other SMS-iT™ filters. This also includes malicious content, such as malware or viruses.

Monitoring
Today carriers use industry-leading spam containment vendors and monitors consumer complaints. These practices promote a sustainable model for healthy commercial texting, which is good for both consumers and message senders.

Consumer Complaints
Major operators in North America support consumer-driven spam controls. Their mobile subscribers can forward unwanted or unconsented text messages to a dedicated short code, 7726 (it spells “SPAM” on a standard keypad).

Carriers monitor consumer complaints sent to this service for numbers on the network. If multiple complaints are received for a sender, then a notification is sent to the message sender that includes the source phone number, destination phone number, timestamp, and original message ID that was given to the message sender upon message submission.

Upon receipt, the service provider must provide proof of TCPA compliant opt-in for those specific messages. They must also provide an overview of the messaging campaign and its opt-in process that the unwanted message was a part of.

If a large amount of unwanted or unconsented messages are reported on a source phone number, then that number may have sending rights immediately suspended while opt-in is being confirmed.

Opt-Out Rate
Carriers track the opt-out rate on every source phone number that is active on their network. The daily opt-out rate on a phone number is defined as the total number of unique consumer phone numbers divided by the unique opted-out consumers that were sent messages within a 24-hour period.

If the daily opt-out rate on a sending phone number is 5% or greater, then the account is flagged for monitoring. An opt-out rate of 10% or greater on a sending phone number may result in immediate suspension of services.

Real-Time Content Analysis
Real-time analysis is used by carriers to identify if a message falls outside of the code of conduct or best practices.

Our Service may contain links to third party web sites or services that are not owned or controlled by SMS-iT™

SMS-iT™ has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that SMS-iT™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You agree to defend, indemnify and hold harmless SMS-iT™ and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

In no event shall SMS-iT™ , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

SMS-iT™ its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.