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OtterText AI Policy

OtterText AI Policy

Effective Date: January 15, 2025

This AI Policy (“Policy”) amends and supplements your existing Agreement with OtterText’s Terms of Service, available at https://ottertext.com/legal (“Terms”), which incorporates, among other supplemental terms, OtterText’s Acceptable Use Policy (“AUP”), Autopay Authorization Policy, and Privacy Policy, available at https://ottertext.com/legal. Terms not defined in this Policy have the meaning given in the Terms. Your agreement to this Policy is effective as of the date you first enable or use any AI Feature within the OtterText Platform or Services.

OtterText’s AI Features are optional tools derived from our own or incorporated third-party artificial intelligence or machine learning technologies that: (a) use, in whole or in part, Your Content or other data, instructions, or information you provide or receive in connection with the OtterText Services to predict outcomes or generate content; (b) are included as part of the Services; and (c) you enable within your OtterText account. Examples include automated message drafting, campaign performance analytics, and SHAFT compliance checks.

You are not required to use AI Features to access the OtterText Platform or Services. If you do not agree with this Policy, you must not enable or use any AI Features. BY ENABLING OR USING ANY AI FEATURE, YOU AGREE TO THIS POLICY AND WARRANT THAT YOUR USE COMPLIES WITH THIS POLICY, THE TERMS, THE AUP, AND ALL APPLICABLE LAWS, INCLUDING CANADA’S ANTI-SPAM LEGISLATION (CASL) FOR CANADIAN RECIPIENTS.

1. AI Features Use Restrictions

You agree that it is a material breach of this Policy and the Terms to use any AI Feature:

  • To mislead anyone that any output or content (“Output”) produced by an AI Feature was solely human-generated.
  • To develop your own AI products, services, features, or machine learning models.
  • To provide or train AI Features with data that violates third-party intellectual property or legal rights.
  • For Prohibited Use Cases, including:
    • Operations of nuclear facilities, air traffic control, life-support systems, or health/safety-related purposes.
    • Activities requiring regulatory approval or oversight.
    • Uses that could lead to death, injury, or environmental damage.
    • High-risk applications under applicable laws, including non-compliant SHAFT campaigns (e.g., promoting underage alcohol use).

For SHAFT campaigns (alcohol, cigars, firearms), you must ensure AI-generated Outputs comply with age verification (21 for alcohol/cigars, 19 for firearms in Canada; 21 for alcohol/cigars, 18 for firearms in the U.S., or higher per state/provincial law) and carrier guidelines, as outlined in the Terms (Section 3.1) and AUP (Section 2). For Canadian recipients, Outputs must comply with CASL, including express or implied consent, sender identification, and unsubscribe mechanisms (Section 5).

2. Processing of AI Content

OtterText processes personal data within AI Feature-related content as a data processor at your request:

  • In accordance with your instructions, the Terms, this Policy, and the AUP.
  • To provide AI Features, including detecting, investigating, and preventing security incidents, spam, or abuse.
  • To comply with applicable laws, such as the California Consumer Privacy Act (CCPA) and CASL.

You authorize OtterText to use Your Content (e.g., campaign data, message drafts) to improve AI Features, provided no personal data is shared publicly or with third parties except as outlined in Section 4. For SHAFT campaigns, OtterText ensures AI processing aligns with carrier-approved use cases in the U.S. and Canada. For Canadian recipients, AI processing adheres to CASL consent requirements (Section 5).

3. AI Feature Outputs

AI Features use emerging technology, and Outputs may be unintended, inaccurate, non-compliant, or fail to meet your needs. You are solely responsible for:

  • Reviewing, testing, and editing Outputs before publishing, sending, or relying on them.
  • Ensuring Outputs for SHAFT campaigns include age disclaimers (e.g., “19+ only” in Canada, “21+ only” in the U.S.) and opt-out instructions (e.g., “Reply STOP to opt out” or “ARRET pour désabonner”).
  • Verifying Outputs comply with TCPA, CTIA, CASL, and U.S./Canadian federal, state, or provincial laws, especially for alcohol, cigars, and firearms.
  • For Canadian recipients, ensuring Outputs include sender identification (e.g., business name, contact info) and a CASL-compliant unsubscribe mechanism.

Outputs may not be unique, as AI Features may generate similar content for other customers. OtterText does not guarantee the accuracy, legality, or suitability of Outputs.

4. Third-Party AI Technology

Some AI Features rely on third-party artificial intelligence or machine learning technologies (“Third-Party Technology”). By using AI Features, you authorize OtterText to share Your Content and related data with Third-Party Technology providers as necessary to provide the features, subject to our Privacy Policy. OtterText is not an agent, partner, or joint venturer with these providers, and their technologies are considered Third-Party Services under the Terms. You are responsible for ensuring data shared via AI Features complies with applicable laws (e.g., CCPA, CASL, TCPA).

5. Consent Records and Audit for U.S. and Canada

Certain AI Features, such as real-time transcription or natural-language processing of communications, may require consent from your contacts or recipients under applicable laws (e.g., TCPA, CASL). You agree to:

  • U.S. Requirements: Secure express written or electronic opt-in consent before enabling such AI Features, including for SHAFT campaigns, per TCPA and CTIA guidelines. Maintain auditable consent records and provide them to OtterText within 5 business days upon request.
  • Canada Requirements: Secure express consent (e.g., via keyword “START” or unchecked checkbox) or implied consent (e.g., purchase within 2 years, inquiry within 6 months) for Canadian recipients, per CASL. Consent forms must disclose the purpose (e.g., receiving promotional SMS), sender identity, and unsubscribe options. Maintain auditable records, including when/how consent was obtained, and provide them to OtterText within 5 business days upon request.
  • SHAFT Campaigns: Consents for SHAFT campaigns must explicitly disclose that messages may include alcohol, cigars, or firearms promotions and comply with age verification (19+ in Canada, 21+ in the U.S. for alcohol/cigars).
  • Bilingual Support: For Canadian recipients, AI Features must support English and French opt-out keywords (e.g., “STOP,” “ARRET”).
  • Audits: Cooperate with OtterText’s audits of consent records, conducted with 30 days’ written notice, for U.S. and Canadian compliance.
6. Suspension, Termination, and Indemnification

A material breach of this Policy, including CASL violations, allows OtterText, at its sole discretion, to:

  • Immediately suspend or terminate access to AI Features or the Services without notice.
  • Remove or block non-compliant Outputs or Content.
  • Seek indemnification for losses, as outlined in the Terms (Section 9).

Breaches may arise from AI-generated Outputs, even if not directly caused by you, due to the nature of AI technology. By enabling AI Features, you acknowledge that such use and Outputs constitute Your Content for indemnification purposes.

7. Ownership
  • OtterText: Owns, or its Third-Party Technology providers own, all rights, title, and interest in AI Features.
  • Customer: Owns all rights, title, and interest in Your Content and unique Outputs, subject to compliance with this Policy and the Terms.
8. Conflict

If this Policy conflicts with the Terms or other Agreement components, this Policy prevails regarding AI Feature use.

9. Survival

This Policy’s terms survive the expiration or termination of the Agreement.

10. Contact Information

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