[Last updated July 27, 2023]
LeadSimple Inc. (“we”, “us” or “our”) reserve the right to change or modify this AUP at any time and in our sole discretion. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of this AUP. By continuing to access and use the Services after our notice, you confirm your acknowledgement and acceptance of the revised AUP. If you do not agree, then you are not authorized to access or use the Services.
The Service utilizes Twilio for calling and text messaging and our numbers are provided by Twilio and subject to Twilio’s policies. By using the Service, you agree to Twilio’s Messaging Policy and Twilio’s Acceptable Use Policy. Please refer to Twilio’s policies, guidelines, and articles which outline acceptable use of Twilio’s service which can be found here: Twilio’s US SMS Guidelines, Twilio’s Privacy Notice and help articles: U.S. Carrier Penalties for Non-Compliant Messaging, Forbidden message categories for SMS and MMS in the US and Canada. Additional requirements for specific Services, including any country specific requirements, are set forth at Twilio’s Service and Country Specific Requirements.
You agree that you will not use the Service to transmit or store any content or communications that contain prohibited content, including, but not limited to:
You agree that you will not use the Service to violate any law, rule, regulation or third party right. In addition, you agree not to:
You must comply with all Applicable Laws in the United States including, but not limited to:
U.S. Carriers have more stringent policies for sending communications through their networks and services. Note that the consent requirements defined by the CTIA and Twilio’s Messaging Policy are in addition to the minimum requirements defined by the TCPA. This means the consent requirements for sending SMS messages through U.S. Carrier networks may exceed what may be legally required under TCPA. For more information on consent requirements, see Twilio’s Messaging Policy and Twilio’s Article on SMS Compliance and A2P 10DLC in the US.
You also must comply with all Applicable Laws in Canada, including, but not limited to:
You further agree that at LeadSimple’s sole option and without further notice, LeadSimple may use technologies and procedures, such as filters, that may terminate any services or communications, including but not limited to unsolicited advertisements, transmitted in violation of Applicable Law, without delivering them. LeadSimple may immediately terminate your right to use the Services without liability of any kind in the event of a breach of the terms of this AUP, including but not limited to all Applicable Laws referenced in this AUP.
In order to use the Service in the United States, you must comply with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (CAN-SPAM), which means that each commercial e-mail sent using the Service must contain:
You are responsible for complying with the content prohibitions as set forth in CAN-SPAM.
If you use the Service to send from or to Canadian computers and devices in Canada, then you must comply with the Canadian Anti-Spam Law (“CASL”), and related regulations applicable to commercial electronic messages. A commercial email message (“CEM”) includes any email message, text/SMS message, or other electronic message that is sent to an electronic address and that has as even one of its purposes to encourage participation in a commercial activity. CASL requires consent to send a CEM and requires that all CEMs meet prescribed form, content, and disclosure requirements.
For detailed explanations, see Canada’s Anti-Spam Legislation on the Canadian Radio-television and Telecommunications Commission’s (CRTC) website. Guidance from the CTRC regarding consent can be found at: Interpreting the Electronic Commerce Protection Regulations; Canada’s Anti-Spam Legislation (CASL) Guidance on Implied Consent.
You agree to implement and follow industry guidelines when sending SMS or text messages. Specifically, you must comply with all of the applicable guidelines published by the Cellular Telecommunications Industry Association (CTIA), including but not limited to the CTIA Short Code Monitoring Handbook (Version 1.7 or later) and the CTIA Messaging Principles and Best Practices (2019 version or later). If you use the Services to send texts/SMS messages in Canada, then you must comply with certain industry guidelines and mobile operator policies, such as the Canadian Wireless Telecommunications Association’s Canadian Common Short Code Application Guidelines (“CWTA Guidelines”).
We do not allow you to use the Services to send SMS or text messages regarding:
Due to increased regulation of SMS and text messages, the consequences for not following these rules can be quite severe, with penalties in the U.S. of up to $10,000 per violation, as assessed by the mobile carrier.
Violations of this AUP, including any prohibited content or communications, may be reported to firstname.lastname@example.org. You agree to report any violation of this AUP to us, as soon as reasonably possible, and provide cooperation, as requested by us, to investigate and/or remedy that violation.
LeadSimple expressly disclaims all liability with respect to your failure to comply with the terms of this AUP, including but not limited to all Applicable Laws referenced in this AUP. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify LeadSimple from and against any damages or liabilities of any kind related to your failure to comply with the terms of this AUP, including but not limited to all Applicable Laws referenced in this AUP.
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