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SMS Terms & Conditions

Last Updated: November 14, 2024

These SMS Terms & Conditions govern your use of ZipReviews' SMS messaging features. By using our SMS services, you agree to these terms.

1. SMS Program Description

1.1 Purpose

ZipReviews' SMS program allows businesses to send review request messages to customers who have provided consent. Messages include:

• Consent confirmation requests ("Reply YES to receive review link")
• Review request messages with personalized links
• Follow-up reminders (if configured)

1.2 Message Frequency

Message frequency varies based on business usage and customer interactions:

• Review Requests: Up to 3 messages per review request
• Maximum Frequency: Determined by the business using ZipReviews, but typically no more than 3 messages per review request

You will not receive automated recurring messages unless explicitly configured by the business.

2. Opt-In and Consent

2.1 Customer Web Form Opt-In

You can opt in to receive SMS text messages by visiting the business's SMS opt-in form. The form will display explicit consent language that clearly states:

You must check the consent box and submit the form to provide consent. The system records your consent with timestamp, IP address, and consent version for compliance purposes.

2.2 Offline Consent Collection

Businesses may also collect your consent through other methods such as:

• Paper forms with explicit consent language
• Verbal consent during phone calls or in-person interactions
• Email confirmations with consent checkboxes
• Third-party integrations (CRM systems, event registration, etc.)

All consent methods must include the same explicit language mentioning text messages or SMS messages, frequency disclosure, and STOP/HELP instructions.

2.3 Manual Consent Logging

When consent is collected offline (paper forms, verbal agreements, recorded calls, event registrations), businesses log this consent in the ZipReviews system for compliance tracking. The logged information includes:

• The exact consent language used (must explicitly mention text messages or SMS messages)
• Consent method (paper form, verbal, in-person, etc.)
• Date and time consent was collected
• Evidence links (scanned documents, call recordings, etc.)
• Consent version identifier

Note: Consent tracking is for compliance and audit purposes. SMS messages can be sent regardless of consent status, but businesses are responsible for ensuring they have obtained proper consent before sending.

2.4 Consent Scope

• Consent is specific to each business using ZipReviews
• Opting out from one business does not affect messages from other businesses
• Consent records are maintained for legal compliance

3. Opt-Out Instructions

3.1 Opt-Out Confirmation

After opting out, you will receive a confirmation message from Twilio confirming that you will no longer receive messages from that phone number.

3.2 Permanent Opt-Out

• Opt-outs are permanent and cannot be undone by the business
• Your phone number is added to a blacklist to prevent future messages
• The business cannot override your opt-out status

4. Help and Support

4.1 Getting Help

For assistance, reply HELP to any message, or contact:

• The business that sent the message directly for message content questions
• ZipReviews Support: tseibert@techbldrs.com for technical issues

4.2 HELP Response

When you reply HELP, you will receive information about the SMS program and how to opt out.

4.3 Toll-Free Sender

All review reminder messages originate from our dedicated toll-free number listed in each outgoing SMS. Save this number to recognize future compliance notifications.

5. Cost and Carrier Information

5.1 Message and Data Rates

5.2 Supported Carriers

This service is available on all major U.S. carriers including:

• AT&T
• Verizon
• T-Mobile
• Sprint
• U.S. Cellular
• Boost Mobile
• MetroPCS
• Virgin Mobile
• And other participating carriers

5.3 Carrier Limitations

Carriers are not liable for delayed or undelivered messages. Message delivery is subject to:

• Network availability and coverage
• Device compatibility
• Carrier filtering and spam detection

6. Privacy and Data Usage

6.1 Information Collected

When you interact with our SMS service, we collect:

• Your phone number
• Message content (consent responses, opt-out requests)
• Consent status and timestamps
• Message delivery status
• Consent evidence metadata (IP address, user agent, consent version)

6.2 How We Use Your Information

• To deliver SMS messages on behalf of businesses
• To honor opt-out requests
• To maintain compliance records
• To improve service delivery

6.3 Privacy Policy

Your use of SMS services is subject to our Privacy Policy.

7. User Responsibilities

By using this SMS service, you agree to:

• Provide accurate phone number information
• Use a device and carrier that supports SMS
• Not abuse the opt-in/opt-out system
• Not forward consent messages to others

8. Business Responsibilities

Businesses using ZipReviews SMS services must:

• Obtain consent before sending messages (handled by our double opt-in system)
• Honor all opt-out requests immediately
• Not send spam or unsolicited messages
• Comply with TCPA and all applicable regulations
• Not use purchased or scraped phone number lists

9. Service Availability

We strive to provide reliable SMS delivery, but:

• Service may be interrupted for maintenance or technical issues
• Message delivery is dependent on third-party carriers
• We do not guarantee 100% delivery rates
• International messaging may have additional limitations

10. Compliance and Legal

10.1 TCPA Compliance

This SMS program is designed to comply with the Telephone Consumer Protection Act (TCPA):

• Prior express written consent is obtained through double opt-in
• Opt-out mechanisms are clearly provided
• Consent and opt-out records are maintained
• Audit trails are kept for regulatory compliance

10.2 Record Retention

We retain SMS-related records for:

• Consent records: Indefinitely (including consent text, IP address, user agent, and evidence links)
• Opt-out records: Indefinitely
• Message logs: Minimum 4 years (TCPA requirement)

11. Prohibited Uses

You may not use our SMS service to:

• Send spam or unsolicited messages
• Harass, threaten, or abuse recipients
• Send fraudulent or deceptive messages
• Violate any laws or regulations
• Impersonate others or provide false information

12. Modifications to Terms

We may update these SMS Terms at any time. Changes will be effective immediately upon posting. Continued use of SMS services after changes constitutes acceptance of the updated terms.

13. Termination

We reserve the right to terminate SMS service access for:

• Violations of these terms
• Abuse of the service
• Non-compliance with regulations
• Suspected fraud or illegal activity

14. Contact Information

For questions about these SMS Terms or our SMS service:

Email: tseibert@techbldrs.com
SMS Questions: Reply HELP to any message
Opt-Out: Reply STOP to any message