MESSAGING POLICY

Messaging Policy

Updated: May 10, 2022

Mobiniti strives to limit the receipt of unwanted SMS messages. To that end, Mobiniti users and customers (“you”) may only send messages through our Service to recipients who have given their consent to being contacted by you. Further, those messages must comply with all applicable laws, communications industry guidelines and standards (including the Consumer Best Practices published by the Mobile Marketing Association), and measures of fairness and decency. By using Mobiniti’s Service, you agree to abide by this Messaging Policy and Mobiniti’s Terms of Use, the terms of which are incorporated here as if restated in full. Unless otherwise noted, defined terms have the same meaning as set forth in the Terms of Use.

• Their mobile phone number.
• Their full name.
• The date and time they received the SMS message(s).
• The number from which they received the SMS message(s) (for example, 64600, 41400, or 90100).
• The content of the SMS message(s) they received.

We do not tolerate the sending of unwanted SMS messages. By using Mobiniti’s Service, you represent and warrant that the owners of the mobile phone numbers you provide to Mobiniti for mobile marketing or which you otherwise message through Mobiniti’s Service have consented or otherwise opted-in to the receipt of such messages in accordance with the Telephone Consumer Protection Act, its implementing regulations, any applicable state law, and the requirements set forth below. If you are using Mobiniti’s Service as part of a service you are providing to another user or customer, that user or customer must also adhere to these same requirements.

• Consent (or “opt-in”) is a knowing agreement from a message recipient that you may communicate with them.
• Consent must be obtained before you send the first message to the recipient. All customers utilizing Mobiniti’s Services must comply with applicable opt-in requirements as outlined in CTIA Principles and Best Practices and the CTIA Short Code Monitoring Handbook v1.7. Further, customers are advised to seek independent legal advice to ensure compliance with TCPA.
• SMS messages should only be sent to recipients who have opted in to your service and/or are expecting communication from you. Mobiniti and other interconnected carriers actively monitor for this kind of activity. Mobiniti reserves the right to block messaging service or suspend your account if abuse is reported.
• You must maintain a record of any consent you intend to rely on, such as a copy of the form or document the message recipient signed, or a timestamp showing when they completed a sign-up process.
• Upon Mobiniti’s request from time to time, you agree to promptly provide documentation to Mobiniti evidencing your compliance with this Messaging Policy, including, without limitation, documentation of the relevant consents or “opt ins” by message recipients.
• Consent cannot be bought or sold. Therefore, consent cannot be obtained by purchasing a phone or similar list from someone else.
• If your first message to a recipient is not sent within a reasonable time after you received consent, then your first message to the recipient must reconfirm the recipient’s agreement to receive messages from you.
• Consent is limited to the user or customer, message recipient, purpose, and campaign for which the consent was obtained. You cannot rely on consent obtained for one use or campaign to message the same recipient regarding other uses, campaigns, or brands.

• If an individual initiates a conversation by messaging you, you may respond without obtaining additional consent. The individual’s initial message is itself proof of consent to have a conversation. This consent, however, is limited to that particular conversation and cannot be relied on to send future marketing messages.
• You may send informational messages to a person with whom you have a prior relationship if that individual: (a) provided their phone number to you; (b) has taken some action to trigger the potential communication; and (c) has not expressed a preference to not receive messages from you. This exception is intended for items such as purchase receipts, appointment reminders, order or shipping confirmations, logistics coordination, and similar informational purposes. The message cannot attempt to promote any product, service, or cause, or otherwise link to your online store or store equivalent.

Except for follow-up messages within an ongoing conversation, every message you send must clearly identify you (the party that obtained consent from the recipient).

• The initial message sent to an individual must include the following language: “Reply STOP to unsubscribe,” or the equivalent using another standard opt-out keyword, such as REMOVE, OPT OUT, UNSUBSCRIBE, or CANCEL.
• An individual may unsubscribe or opt-out from a marketing campaign at any time by replying to a message or sending a text message to 64600, 41400, or 90100 with the a standard opt-out keyword, such as STOP, REMOVE, OPT OUT, UNSUBSCRIBE, or CANCEL.
• As soon as an individual unsubscribes or opts-out from a campaign, or otherwise indicates they no longer wish to receive messages from you, you must not message that individual again unless and until the individual provides you with new consent.
• If an individual has any issues unsubscribing or opting-out from a campaign, the individual should contact Mobiniti support at support@mobiniti.com or through your customer chat account.

• Hate speech, or any other communications that originate from a hate group;
• Content that is harassing, exploitative, abusive, defamatory, libelous, fraudulent, or deceptive,
• Sexual or pornographic content;
  Material that exploits children under the age of 18;
• Material that is not appropriate for children under the age of 18;
• Promotion of products or services that are unlawful and/or harmful;
• Material that depicts or promotes violence;
• Profanity;
• Promotion of Illegal or illicit drugs, or other controlled substances;
• Promotion of prescription medication that cannot legally be sold over-the-counter;
• Promotion of firearms or ammo;
• Fraudulent messages;
• Malicious content, such as malware or viruses; and
• Any content that is designed to intentionally evade filters.

• Your mobile phone number.
• Your full name.
• The date & time you received an SMS message.
• The contents of the message you received.