Text Messaging Policy for the United States and Canada

The use of Genevasys’s services to send and receive text messages (“Text Messaging”) utilizing SMS and MMS is subject at all times to this Messaging Policy (“Policy”). SMS or “Short Message Service” is a service for sending and receiving messages of up to 160 characters to and from mobile devices. MMS or “Multimedia Message Service” is a service for sending and receiving multimedia and messages greater than 160 characters in length.


This Policy is not intended to be a comprehensive guide for compliance with laws and regulations that apply to Text Messaging. Genevasys makes no representation that meeting the requirements of this Policy will also ensure compliance with all applicable international, federal, state/local laws, ordinances, regulations, and orders (“Applicable Laws”).


Genevasys’s Text Messaging service is a “best effort” service. Genevasys depends on wireless carriers to deliver your Text Messages to their end users and cannot guarantee that your text messages will be delivered or that delivery will meet any quality of service. Major wireless carriers have adopted their own policies on the delivery of text messages and restrictions on certain usage, as set forth below in the Messaging Rules and Requirements. We encourage You to develop and implement policies and procedures designed to ensure compliance with the Messaging Rules and Requirements as well as Applicable Laws, as violations may lead to substantial fines.

Genevasys may revise this Policy at any time. By utilizing Genevasys’s Text Messaging features, You agree to abide by this Policy.


Messaging Rules and Requirements


1. Campaign Registry.

To improve deliverability of Your outgoing text messages, You should register with the Campaign Registry through the Genevasys Admin portal. Major wireless carriers require that message senders register with the Campaign Registry prior to using an application to send any text messages from a 10DLC (10-digit long code) number (i.e., a telephone number) to the wireless carriers’ customers. Notwithstanding their use of the word “campaign” to describe the registry, the major wireless carriers consider all messaging from cloud service providers, like Genevasys, to be A2P (Application-to-Person) messaging subject to the registration requirement. The registration process includes brand registration followed by campaign registration for carrier approval. Failure to register, and failure to abide by caps the wireless carriers impose on the number of messages You may send, may result in any of the following actions by one or more carriers:

1.1. Blocking or throttling of some or all text messages you send

1.2. Suspension or termination of specific campaign, 10DLC numbers, or message sender

1.3. Unidentified or unknown message senders may result in anti-spam policies being used

Genevasys bears no liability if a wireless carrier imposes any of the above restrictions on a message sender. If You do not register with the Campaign Registry, Genevasys cannot guarantee that text messages sent by customers will be delivered or that delivery will meet any quality of service.


2. Consent for Messaging Campaigns.

The message sender must obtain proper consent for each messaging campaign sent. The messages sent must be the same type of messages that the recipient agreed to receive and should only be sent to the number that the recipient provided. An individual who provides their number for a purpose, consents to receive messages only for that specific purpose and from that specific message sender. The identity of the entity sending messages must be clearly communicated before obtaining consent. Consent may not be obtained using deceptive methods.

Consent isn’t transferable or assignable. If a message sender collects a consumer’s consent for a third-party, the sender must clearly identify the third-party to the consumer and must also state that the consent applies only to communications from the third-party.

2.1 Consent Records. Message senders should retain records of any consent that an individual provides for at least four years. Genevasys or its carriers may request proof of consumer opt-in at any time. Acceptable consent records can include:

2.1.1 Timestamp of consent acquisition

2.1.2 Consent acquisition medium

2.1.3 Specific campaign for which consent was obtained

2.1.4 Phone number for which consent to receive messaging was granted

2.2 Opt-Out. Message recipients may revoke consent and opt-out of receiving future messages through any reasonable means. Messaging programs must respond to, at a minimum, universal keywords “stop,” “end,” “cancel,” “unsubscribe,” and “quit.” Recurring-messages programs must display opt-out instructions at program opt-in and regular intervals of content service messages. Genevasys or messaging carriers may suspend or terminate a specific Messaging Campaign and/or block sending numbers upon receiving a high volume or percentage of opt-out messages. Message senders are prohibited from using Genevasys to evade reasonable requests to opt out from Messaging Campaigns.


3. Prohibited Content.

Genevasys also prohibits Text Messaging that violates its.

3.1 Adult Content.Text Messaging that includes elements of sex, hate, alcohol, firearms, tobacco, gambling, sweepstakes, contests, and other age-restricted content is expressly prohibited in some jurisdictions and can trigger additional requirements. In the United States and other jurisdictions around the world, additional legal requirements apply to marketing communications directed at children under the age of 18. It is the message sender’s responsibility to abide by all applicable laws of the jurisdictions in which messages are received.

3.1.1 Message senders should include an age verification mechanism at opt-in to age-gate the intended message recipient from adult content. The age-gate mechanism should include date of birth verification during the consumer’s consent opt-in. Age-gate mechanisms limited to “yes” or “no” responses are not acceptable.

3.1.2 Message senders must comply with requests from Genevasys or law enforcement to provide proof of consent with local laws that regulate adult content.


4. Prohibited Messaging Techniques.

Message senders may not evade any measures implemented by Genevasys or a carrier to ensure compliance with messaging requirements and industry standards. Genevasys or its carriers may suspend or terminate Text Messaging by You if You engage in the following messaging techniques:

4.1 Spoofing. We require that You abide by all applicable spoofing laws.

4.2 Snowshoe Sending.

4.3 URL Shorteners. Use of URL shorteners is discouraged as carriers may block messages containing them.

4.4 URL Redirects.

4.5 Embedded Phone Numbers. Messages should not contain phone numbers that are assigned to or forward to unpublished phone numbers, unless the owner (i.e., a person or legally registered business entity) of such phone numbers is unambiguously indicated in the text message.


5. Legal Responsibilities.

Genevasys is not responsible for ensuring that the content, timing, or recipients of Your messages meet all Applicable Laws; You are solely responsible for complying with Applicable Laws and CTIA Messaging Principles. “CTIA Messaging Principles” means the CTIA Messaging Principles and Best Practices (July 2019) as amended, supplemented and/or superseded from time to time by the CTIA The Wireless Association or any other similar documents or guidelines promulgated by the CTIA.

If you are a platform or software provider that uses Genevasys for messaging purposes, then You should require that Your customers also abide by the requirements discussed in this Policy, Applicable Laws, and CTIA Messaging Principles. Genevasys has no relationship with or obligation to any of Your customers or any other person or entity to which You provide any services utilizing Messaging.


6. Penalties.

Genevasys reserves the right to suspend or remove any customer from the Genevasys platform who does not comply with our Policy or Applicable Laws. Additionally, carriers may impose penalties on message senders who violate their terms. If a carrier or any third party levies penalties on Genevasys for messages sent using Genevasys’s messaging service, Genevasys may invoice You for such penalties.