America's two-way SMS

INDEX

  1. ACCEPTANCE
  2. PARTIES
  3. THE SERVICE
  4. PROHIBITED CONDUCT
  5. OPT-OUT
  6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

1. ACCEPTANCE

These terms apply if you use the Americas 2 Way SMS Service to send messages to the US and Canada and other selected destinations

In addition to these Americas 2 Way SMS Service, you confirm that you have read and agree to the General Terms, our Send SMS Service specific terms, the Rules of Use and our Privacy notice (our Terms).

It is important that you understand your responsibilities and the limitations that apply to you in respect of the Service.

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2. PARTIES

The Clickatell company that provides this Service to you is detailed on our "Who am I contracting with?" page, unless you have entered into a DSA, MSA or similar agreement with us, in which case you will continue to contract with the relevant Clickatell company as per our written agreement.

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3. THE SERVICE

  • Network Coverage. You can send messages to a large number of mobile network subscribers across various networks in the United States of America and Canada and other selected destinations, through our Americas 2 Way SMS service. Please consult our Coverage and Carrier Cost page for a ist of networks that can be reached using this Service. If you attempt to send a SMS message to a subscriber connected to a mobile network not listed in our coverage chart (“no-network messages”), we reserve the right to charge you for delivery of no-network messages as if they were sent to the subscriber even if transmission failed.
  • P2P only. Please note that our Americas 2 Way SMS Service may only be used for person-to-person communication. To clarify, you may use the Service to communicate via text messages with individuals such as customers, employees and other individuals interested in your business. A few examples of the types of communication for which this service may be used are appointment reminders, announcements and alerts. You agree that our Americas 2 Way SMS Service may be used solely for sending SMS messages from a messaging application to mobile phone users and vice versa, and that it may NOT be used to send or receive messages to or from short codes.
  • Long number. Please note that due to regulatory requirements any long number assigned to your account may be cancelled should your account or the long number not be used for a period of 3 (three) months. Therefore, and in order to keep your account active, please ensure that you send at least one message from your account every month. Should all the long numbers assigned to your account be cancelled due to non-use in terms of this section, you will have to re-apply before you can start using the Service again.
  • Scheduled maintenance. We may suspend the Service for up to 6 hours per month for scheduled maintenance of our systems. We will notify you of scheduled maintenance at least 24 hours before it starts.
  • Throughput. Clickatell limits the throughput of our Americas 2 Way SMS Service at 10 messages per second per long number.

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4. PROHIBITED CONDUCT

Our Americas 2 Way SMS Service may NOT be used for the transmission of any of the following (“prohibited conduct”):

  • Voice calls
  • Bulk messaging, including sending text messages containing similar content generated on an electronic system that exceeds the following limits:
    • 5,000 (five thousand) messages sent during any 24 hour period; or
    • 10,000 (ten thousand) messages per month
  • Prohibited content, including child pornography, any content that is discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age, any content that incites hatred and/or violence against any person or class of persons, and any other content prohibited by applicable laws.
  • Digital content, including ringtones, wallpapers or other binary content.
  • Machine-to-machine messaging, such as telemetry or telematics.
  • Spam, including sending communications prohibited by the CAN SPAM Act of 2003 or any other relevant legislation.
  • Unsolicited advertising and/or marketing communications, including the sending of communications to a recipient or intended recipient which has not expressed a willingness to accept text messages from you and without such recipient or intended recipient having explicit knowledge of the nature of the message content, the frequency at which they will receive messages from you, as well as the times of day during which they will be receiving messages from you.
  • Any text that:
    • is unsolicited or harassing (commercial or otherwise), including unsolicited or unwanted phone calls, SMS messages, voice mail and / or facsimiles; or
    • may or actually causes the introduction of “viruses,” “worms,” “Trojan horses,” “e-mail bombs,” “cancelbots” or other similar computer programming routines into the Clickatell Platform;
    • is unlawful, obscene, defamatory, libellous or offensive as Clickatell determines in our sole discretion;
    • is misleading or inaccurate;
    • infringes the intellectual property of any person; or
    • executes, initiates or causes “phishing” or social engineering activities.
  • Non-P2P messages, i.e. any communication that violates the person-to-person nature of SMS messaging and the Service.
  • Pooling (also known as “parallel operation”) of multiple long numbers for the purpose of circumventing bulk messaging restrictions. However, pooling of multiple long numbers for the purpose of enabling multiple individual person-to-person communication services is allowed.
  • Conduct prohibited by us, i.e. any communication to subscribers in contravention of our Rules of Use.

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5. OPT-OUT

  • Compulsory Opt-Out. You must permit Subscribers to opt-out from receiving SMS messages from a long number assigned to your account. We recommend that you include instructions on how to opt-out in every SMS message sent via the Service. We may, at our discretion automatically insert a footer in any SMS message with enough character space available. The footer will contain abbreviated instructions on how to easily and effectively block SMS messages from the applicable long number. However, every subscriber who receives a SMS message sent from a long number allocated to your account may opt-out of receiving further communications from you by replying “stop” (whether or not opt-out instructions were included in the SMS message).
  • Opt-Out Management. For any opt-out request received, Clickatell will:
    • send a final confirmation SMS message to the subscriber;
    • report the subscriber’s phone number in your account (“Opt-Out Numbers”); and
    • block any additional SMS messages sent to any Opt-Out Number from your account.
  • Suspension due to excessive opt-out rate. Clickatell reserves the right to investigate and/or suspend our services to you if we reasonably determine, in our sole discretion, that the number of opt-outs received in respect of any long number allocated to your account is excessive. Upon our request, you agree to cooperate with us in identifying the source of and/or reasons for the excessive opt-out rate. For purposes of this section, your cooperation includes, but is not limited to, providing us with proof of opt-ins and sharing content of sample SMS messages sent to Subscribers from the relevant long number allocated to your account.
  • Termination due to excessive opt-out rate. Within 7 days of sending you a notification concerning an excessive opt-out rate, we reserve the right to terminate your account with immediate effect without further notice to you if we cannot determine the cause of the excessive rate, or if the cause is or appears to be due to prohibited conduct or any other breach of our Terms. However, we may, in our sole discretion, allow you to continue using the Service should you make suitable changes to ensure that the opt-out rate is not excessive. We reserve the right, but we are not obligated, to monitor the use on your account of the Service with regard to messaging behaviour and content for operational purposes.

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6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

  • Warranty / Disclaimer of Warranty. You acknowledge and agree that we provide the Americas 2 Way SMS service subject to the disclaimer of warranty(ies) set forth in our Terms or written agreement, as the case may be.
  • Limitation of Liability. You acknowledge and agree that the limitations of liability set forth in our Terms or written agreement, as the case may be, are also applicable to our Americas 2 Way SMS service and these terms.

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