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OtterText Customer Agreement

OtterText Customer Agreement

Last Updated: April 26, 2025

This Customer Agreement (“Agreement”) governs your use of the OtterText software platform (“OtterText”, “Service”, “Platform”), owned and operated by Otter Technologies, Inc. (“Company”, “we”, “our”, or “us”).

By using OtterText, you agree to the terms outlined below. If you do not agree, you must not access or use the Service.

 

1. Scope of Services

OtterText provides software-as-a-service (SaaS) tools for SMS/MMS marketing, customer engagement, automation, and integrations with e-commerce and point-of-sale platforms. Services include access to the OtterText dashboard, integrations, support, and compliance assistance based on your subscription level.

 

2. Account Registration

You are responsible for:

  • Providing accurate information when creating an account.
  • Keeping your login credentials secure.
  • All activity under your account.
  • Ensuring your use complies with applicable laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, 10DLC requirements, and any restrictions associated with SHAFT industries.

3. Billing and Payment

You agree to pay all subscription and usage fees associated with your plan. Charges are billed automatically unless specified otherwise in a written agreement.

  • Late payments may result in service suspension or termination.
  • We reserve the right to update pricing with 30 days’ notice posted to our website or via email.

4. Security

OtterText maintains administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of customer data. These practices align with the Security Trust Services Criteria of SOC 2, including:

4.1. Access Control

  • Role-based access controls (RBAC) are used across all systems.
  • Multi-factor authentication (MFA) is required for administrative access.
  • Access to production systems is limited to authorized personnel and logged.

4.2. Vulnerability Management

  • We maintain a formal vulnerability management program that includes:
    • Regular internal and external vulnerability scans
    • Annual third-party penetration testing
    • Prompt remediation of identified risks based on severity
  • Our systems are continuously monitored for security threats and patches are applied promptly.

4.3. Data Storage and Protection

  • All data is encrypted at rest and in transit using industry-standard protocols.
  • Data is stored in secure cloud environments with strict segmentation and isolation practices.
  • Backups are encrypted and regularly tested for integrity and recoverability.

4.4. Employee Practices

  • All employees and contractors must sign confidentiality and security agreements.
  • Security awareness training is mandatory upon hire and conducted annually.
  • Only authorized personnel are granted access to customer data, based on job responsibilities.

4.5. Risk Assessment

  • A formal risk assessment is conducted annually or upon material changes in the environment.
  • Risks are documented, prioritized, and addressed through mitigation plans and controls.

4.6. Network and Infrastructure Security

  • OtterText uses firewall protections, intrusion detection, and strict traffic filtering.
  • Cloud architecture is segmented to reduce the blast radius of any potential incident.
  • Monitoring tools are deployed to detect anomalous behavior and unauthorized access attempts.

5. SHAFT Industry Compliance

OtterText supports lawful businesses in Alcohol, Firearms, and Tobacco (Cigars only) industries. These sectors are considered SHAFT by U.S. mobile carriers and are subject to additional messaging restrictions.

  • OtterText provides guided 10DLC registration for regulated content.
  • Customers must truthfully represent their industry and follow all carrier and legal rules.
  • Failure to comply with messaging requirements may result in carrier filtering, delays, or termination of service.

For full details, visit our SHAFT Compliance page.

6. Acceptable Use

You may not use OtterText to:

  • Send unsolicited or non-compliant text messages (“spam”).
  • Promote illegal activity or hate speech.
  • Circumvent compliance requirements or misrepresent your brand.
  • Interfere with or disrupt the performance of the Service.

We reserve the right to suspend or terminate accounts for violations.

 

7. Confidentiality

Both parties agree to protect confidential information obtained through use of the Service. This includes business practices, customer data, account information, and trade secrets. This duty continues after the termination of this Agreement.

 

8. Data Ownership and Use

You retain full ownership of your content, including:

  • Customer lists
  • Message history
  • Uploaded media

OtterText will never sell or share your data and only uses it to provide services, support, and compliance assistance.

 

9. Termination

You may cancel at any time through your account dashboard or by contacting support.

Upon termination:

  • Access ends at the close of the billing period.
  • Data will be retained for up to 30 days unless deleted earlier at your request.
  • OtterText may terminate your account immediately for violations of law, fraud, or abuse.

10. Disclaimers and Limitations

The Service is provided “as is” without warranties of any kind. OtterText is not liable for:

  • Indirect or consequential damages
  • Carrier-related delivery failures
  • Customer misuse or regulatory violations

Maximum liability for any claim is limited to fees paid in the preceding 12 months.

 

11. Modifications

We may update this Agreement periodically. Changes will be effective upon posting. Continued use of the Service means you accept the revised terms.

 

12. Governing Law

This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

 

13. Contact

Otter Technologies, Inc.

4845 Pearl East Cir Ste 118

PMB 56603

Boulder, Colorado 80301-6112

Email: support@ottertext.com
Website: https://ottertext.com