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Acceptable Use Policy

OtterText Acceptable Use Policy

Effective Date: December 1, 2024

This Acceptable Use Policy (“AUP”) governs your use of the OtterText Service (“Service”), provided by Otter Technologies, Inc. (“OtterText,” “we,” “us,” or “our”), including our website (ottertext.com), mobile app, messaging services, or other products (collectively, the “Platform”). By using the Service, you (“Customer” or “you”) agree to comply with this AUP, the Terms of Service, Privacy Policy, Anti-Spam Policy, and Autopay Authorization (collectively, the “Agreement”), accessible at https://ottertext.com/legal.

This AUP outlines permissible and prohibited uses of the Service, with specific requirements for businesses in regulated industries (alcohol, cigars, and firearms, collectively “SHAFT”). Violation of this AUP may result in suspension, termination, or other enforcement actions, as outlined in Section 4.

1. General Acceptable Use

You agree to use the Service in a lawful, ethical, and responsible manner, consistent with the Agreement and applicable laws, including:

  • Telephone Consumer Protection Act (TCPA) and FCC regulations (47 C.F.R. § 64.1200).
  • CAN-SPAM Act.
  • CTIA Messaging Principles and Best Practices (https://api.ctia.org/wp-content/uploads/2023/05/230523-CTIA-Messaging-Principles-and-Best-Practices-FINAL.pdf).
  • The Campaign Registry 10DLC Rules (https://www.campaignregistry.com).

You must not:

  • Use the Service for illegal activities, fraud, or deception.
  • Submit content that is libelous, defamatory, obscene, or infringes third-party rights (e.g., intellectual property, privacy).
  • Introduce viruses, worms, malware, or other harmful code (“Malicious Code”).
  • Attempt to disrupt, hack, or reverse-engineer the Platform.
2. SHAFT Compliance for Regulated Industries

OtterText supports SMS marketing for businesses in the alcohol, cigars (tobacco), and firearms (including firearm-related) industries, subject to strict compliance with carrier guidelines and federal/state regulations. For detailed guidance, see https://ottertext.com/shaft-compliance/. You agree to the following:

2.1 Age Verification

  • Implement and maintain age-gates on your website, opt-in forms, or other customer touchpoints to restrict access to minors:
    • Alcohol: Minimum age 21.
    • Cigars: Minimum age 21.
    • Firearms: Minimum age 18, or higher if required by state law.
  • Age-gates must require active verification (e.g., date of birth entry) and be auditable by carriers.

2.2 Campaign Vetting

  • Submit accurate campaign details to OtterText, including:
    • Use case (e.g., promotional offers, order updates).
    • Sample messages (e.g., “Save 10% on premium cigars at [YourStore]! Reply STOP to opt out”).
    • Age restrictions and opt-in process.
  • OtterText will facilitate carrier approval through The Campaign Registry or direct carrier vetting for 10DLC, toll-free numbers, or short codes.

2.3 Consent Requirements

  • Obtain express written or electronic opt-in consent from all recipients before sending messages, clearly disclosing that messages may include promotions for alcohol, cigars, or firearms.
  • Maintain records of consents and provide them to OtterText upon request within 5 business days.
  • Include opt-out instructions (e.g., “Reply STOP to unsubscribe”) in all messages.

2.4 Content Restrictions

  • Messages must not promote illegal activities, underage consumption, or non-compliant products (e.g., non-cigar tobacco, vaping, CBD).
  • Content must comply with carrier standards and applicable laws (e.g., ATF regulations for firearms, TTB rules for alcohol, FDA rules for cigars).
  • Example compliant message: “Join our wine club for exclusive offers! 21+ only. Reply STOP to opt out.”

2.5 Audits and Compliance

  • You are responsible for maintaining age-gates and consents during carrier audits.
  • If non-compliance (e.g., removed age-gates) results in an audit or loss of registration, you will be charged $200 per hour for OtterText’s efforts to restore compliance, as outlined in the Terms of Service.
3. Anti-Spam Policy

OtterText has a zero-tolerance policy for spam, defined as unsolicited messages sent without recipient consent. You agree to:

  • Send messages only to recipients who have provided explicit opt-in consent, verified through auditable records.
  • Honor opt-out requests (e.g., “STOP”) within 24 hours, ceasing all further messages.
  • Include your business identity and contact information in all messages.
  • Comply with TCPA, CAN-SPAM, and CTIA guidelines, including message frequency limits (up to 5 promotional messages per month unless otherwise agreed).
  • Not use purchased, rented, or scraped contact lists.

Violations of this anti-spam policy may result in immediate campaign suspension, account termination, or carrier penalties, for which you are solely liable.

4. Enforcement

OtterText may monitor your use of the Service to ensure compliance with this AUP. If you violate this AUP, OtterText may, at its sole discretion:

  • Suspend or terminate your campaigns or account without notice.
  • Remove or block non-compliant content.
  • Charge fees for resolving compliance issues (e.g., $200/hour for SHAFT audit resolutions).
  • Report violations to carriers, regulators, or law enforcement.

You agree to indemnify OtterText for any losses, damages, or costs (including legal fees) arising from your violation of this AUP, as outlined in the Terms of Service.

5. Reporting Violations

To report AUP violations or non-compliant messages, contact us at support@ottertext.com. Provide details, including the message content, sender number, and date/time received.

6. Updates to AUP

OtterText may revise this AUP at any time, with changes posted at https://ottertext.com/legal. Continued use of the Service after changes constitutes acceptance.

7. Contact Information

Otter Technologies, Inc.
4845 Pearl East Cir Ste 118, PMB 56603
Boulder, Colorado 80301-6112
Email: support@ottertext.com