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Terms and Conditions

Terms and Conditions

Effective Date: January 1, 2023

Last Updated: May 4, 2026

These OtterText Terms and Conditions (“Agreement”) govern your access to and use of the Service provided by Otter Technologies, Inc. (“Otter,” “we,” “us,” or “our”), including our website (ottertext.com, “Website”), mobile app, messaging services, and other products (collectively, the “Platform”). By accessing the Platform, you (“Customer” or “you”) agree to these Terms and Conditions, our Privacy Policy, Acceptable Use Policy (AUP), AI Policy, Autopay Authorization, and the OtterText Glossary. These policies are accessible at https://ottertext.com/legal. This Agreement constitutes a binding contract. If you do not agree, you must immediately cease using the Platform.

Otter may revise this Agreement at any time, with changes posted at https://ottertext.com/legal. Continued use of the Platform after changes constitutes acceptance. We may update our Privacy Policy to reflect changes in laws, such as recent amendments to the California Consumer Privacy Act (CCPA), including requirements for automated decision-making, risk assessments, and cybersecurity. Continued use after updates constitutes acceptance. In case of conflict between this Agreement and any communications by Otter’s employees, the Agreement governs. The Service is available only to users in the United States and Canada.

Incorporated Policies and Defined Terms.

The following policies are expressly incorporated into, and form a binding part of, this Agreement by this reference, with the same force and effect as if fully set forth herein, and you agree to comply with each of them: (a) the Acceptable Use Policy (“AUP”), available at https://ottertext.com/acceptable-use-policy/; (b) the OtterText AI Policy (“AI Policy”), available at https://ottertext.com/ottertext-ai-policy/; (c) the Autopay Authorization Policy (“Autopay Authorization”), available at https://ottertext.com/autopay-authorization-policy/; (d) the Privacy Policy, available at https://ottertext.com/privacy-policy/; and (e) the OtterText Glossary (the “Glossary”), available at https://ottertext.com/ottertext-glossary/. Each policy is also accessible at https://ottertext.com/legal. Your access to or use of the Service constitutes acceptance of each incorporated policy, and a violation of any incorporated policy is a violation of this Agreement. Capitalized and industry-specific terms used but not defined in this Agreement (for example, 10DLC, Age-Gate, Express Consent, Implied Consent, SHAFT, Short Code, and Toll-Free Number) have the meanings given to them in the Glossary. The order of precedence among the components of this Agreement is set forth in Section 15.

1. Acceptance and Account Opening

1.1 Acceptance

By accessing the Platform, using the Service, signing a sales order, or acknowledging these Terms, you agree to comply with these OtterText Terms and Conditions and pay all applicable fees as outlined in your selected plan, sales order, or account billing page. Otter’s records of your acceptance are dispositive in any fee dispute.

1.2 Account Opening

You represent that you are at least 19 years old (or the age of majority in your jurisdiction) and not barred from using the Service under applicable U.S. or Canadian laws. Children under 13 are prohibited from using the Service. You agree to:

  • Provide true, accurate, current, and complete information (“Registration Data”) during signup.
  • Update Registration Data within 5 business days to keep it accurate.
  • Allow Otter to verify your identity, including requesting name, address, taxpayer identification number, or government-issued ID.

We process Registration Data in accordance with our Privacy Policy, which includes details on your rights under the CCPA/CPRA. Failure to comply may result in account suspension or termination.

1.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials (e.g., username, password). Notify Otter immediately at support@ottertext.com of any unauthorized access or security breach. Otter is not liable for losses from unauthorized use of your credentials.

1.3.1 Security Procedures

Otter employs the following security measures:

  • Level One: The Platform uses encryption to secure data transmission and access controls (e.g., username and password). You accept these as commercially reasonable under applicable law.
  • Level Two: Otter may require two-factor authentication or call-back verification for certain actions, such as account changes.

You agree to be bound by any Service fees incurred through authorized or unauthorized use of your credentials. Otter may reassign usernames if they violate this Agreement or harm Otter’s reputation.

1.4 Commencement of Service

Your account is active when you first access the Platform, as evidenced by Otter’s records. Otter earns fees on the first day of each billing cycle. You are responsible for obtaining necessary technology (e.g., devices, internet) at your expense.

2. Mobile Messaging Terms

2.1 Consent to Receive Communications

By providing your phone number and opting in, you expressly consent to receive automated SMS, MMS, or other messages from Otter, including:

  • Transactional messages (e.g., account alerts, software updates).
  • Promotional messages (e.g., marketing offers).

By opting in, you acknowledge that your personal information may be processed using automated tools as described in our Privacy Policy and AI Policy.

U.S. Customers: Opt-in may occur by texting a keyword (e.g., “START”) or checking a box during registration. Message frequency varies, up to 5 messages per month. Message and data rates may apply, and your wireless carrier is not liable for delayed or undelivered messages. To opt out, reply STOP to any message; you will receive a confirmation, and no further messages will be sent within 24 hours. For assistance, reply HELP or email support@ottertext.com.

Canadian Customers: Opt-in requires express consent (e.g., texting “START” or checking an unchecked box) or implied consent (e.g., purchase within 2 years, inquiry within 6 months), per Canada’s Anti-Spam Legislation (CASL). Consent forms must disclose the purpose, sender identity, and unsubscribe options. Message frequency varies, up to 5 messages per month. Message and data rates may apply. To opt out, reply STOP or ARRET; confirmation is sent within 24 hours, and no further messages will be sent. For assistance, reply HELP or AIDE or email support@ottertext.com. Messages include sender identification (e.g., OtterText, contact info) or a link to such info.

To unsubscribe from emails, use the provided link.

2.2 Sending Phone Numbers

Your initial sending number(s) will be specified in your plan. Additional numbers can be requested via your account, subject to carrier approval in the U.S. or Canada. Contact support@ottertext.com for questions.

2.3 Carrier Charges

You must inform recipients that standard message and data rates may apply, as required by U.S. and Canadian guidelines.

2.4 Support

Customer and technical support is available 24/7 via support@ottertext.com. Responses to messages received on holidays may be delayed until the next business day.

2A. Email Service Terms

2A.1 Email Service Description

The Service includes email transmission and marketing features (the “Email Service”), which enable Customer to send commercial, transactional, and other electronic mail communications to recipients on Customer’s own contact lists. The Email Service provides the technical infrastructure for composition, scheduling, and transmission of email messages, including, where applicable, sending infrastructure, list management tools, template editors, automation, and reporting. The Email Service does not include any guarantee, representation, warranty, or assurance that messages will be delivered to any recipient’s inbox, primary tab, promotions folder, spam folder, or that messages will be accepted by any mailbox provider, recipient mail server, or recipient.

2A.2 Deliverability Disclaimer

Customer acknowledges and agrees that email deliverability and inbox placement are determined solely by mailbox providers, including but not limited to Google (Gmail), Apple (iCloud), Microsoft (Outlook, Hotmail, Live, Office 365), Yahoo, AOL, and any other email service provider or recipient mail server, and not by Otter. Mailbox providers use proprietary algorithms and standards to determine whether to accept, deliver, defer, block, filter, or route to junk any given message based on factors including sender reputation, domain reputation, IP reputation, authentication, content, recipient engagement, recipient complaints, list quality, sending volume, and other signals over which Otter has no control.

Otter makes no representation, warranty, or guarantee, express or implied, regarding email deliverability, inbox placement, open rates, click rates, complaint rates, response rates, or the commercial outcome of any Email Service usage. Customer assumes all risk of deliverability outcomes. Any deliverability statistics, projections, benchmarks, recommendations, or guidance provided by Otter are advisory only, are based on general industry conditions, and do not constitute a warranty or guarantee of any specific result.

2A.3 Authentication Requirements

Customer is solely responsible for properly configuring and maintaining email authentication on Customer’s sending domains, including Sender Policy Framework (SPF), DomainKeys Identified Mail (DKIM), and Domain-based Message Authentication, Reporting, and Conformance (DMARC). Customer must implement and maintain authentication standards consistent with then-current mailbox provider requirements, including those published by Google, Yahoo, Microsoft, and other major mailbox providers. Poor authentication degrades deliverability. Otter bears no liability for consequences arising from Customer’s failure to maintain it. for any consequences arising from Customer’s failure to do so.

2A.4 Customer Responsibilities for Email Sending

In addition to obligations elsewhere in this Agreement, Customer agrees to:

  • Send email only to recipients who have provided lawful consent to receive such email under applicable law (e.g., opt-in under CAN-SPAM, express or implied consent under CASL);
  • Maintain a clear, conspicuous, and functional unsubscribe mechanism in every commercial email, including support for List-Unsubscribe and List-Unsubscribe-Post headers where required by mailbox providers, and honor opt-out requests within ten (10) business days, or sooner where required by law;
  • Include accurate sender identification and a valid physical postal address in every commercial email;
  • Use non-deceptive subject lines, “From” addresses, and reply-to addresses;

List Hygiene and Deliverability Requirements

  • Maintain spam complaint rates below mailbox-provider thresholds, including the 0.3% threshold published by Google and Yahoo for bulk senders, and the comparable thresholds published by Microsoft and other mailbox providers;
  • Maintain hard bounce rates and unknown-user rates at levels consistent with industry standards;
  • Promptly remove invalid, role-based, complaining, and disengaged addresses from sending lists;
  • Refrain from sending to purchased, rented, scraped, or otherwise non-consensually-obtained address lists;
  • Implement engagement-based segmentation and suppression consistent with Otter’s recommendations and mailbox provider standards;
  • Implement Otter’s deliverability recommendations within reasonable timeframes after they are communicated;
  • Refrain from sending content that triggers spam filters or violates the Acceptable Use Policy; and
  • Comply with all applicable laws, including the CAN-SPAM Act (15 U.S.C. § 7701 et seq.), Canada’s Anti-Spam Legislation (S.C. 2010, c. 23), the TCPA where applicable, and any state, provincial, or federal consumer protection laws governing email.
2A.5 No Tacit Approval or Ratification

Otter’s continued provision of the Email Service, including the transmission of any specific Customer email or campaign, does not constitute approval, ratification, endorsement, or acceptance of Customer’s content, sending practices, list quality, or deliverability decisions. Otter has no obligation to review, monitor, evaluate, or approve any Customer email prior to transmission, and the absence of intervention by Otter shall not be construed as a representation that Customer’s content or practices are compliant, appropriate, or likely to achieve favorable deliverability. Customer is solely responsible for the content, recipients, and outcomes of email sent through the Email Service.

2A.6 Suspension and Termination for Deliverability Violations

In addition to Otter’s other rights under this Agreement, Otter may suspend or terminate Customer’s access to the Email Service, in whole or in part, without notice, if:

  • Customer’s spam complaint rate, bounce rate, or other deliverability metrics exceed levels that Otter determines, in its sole discretion, may harm Otter’s platform reputation, shared sending infrastructure, or other Customers of Otter;
  • Mailbox providers block, throttle, blocklist, or otherwise reject Customer’s traffic;
  • Customer fails to implement Otter’s deliverability recommendations after notice;
  • Customer’s sending practices, content, or list sources are determined by Otter, in its sole discretion, to be non-compliant with this Agreement, the Acceptable Use Policy, or applicable law; or
  • Customer’s continued use of the Email Service presents a risk of harm, in Otter’s sole discretion, to Otter, other Customers, or mailbox providers.

No refunds or credits will be provided for suspensions or terminations under this Section.

2A.7 Indemnification for Email Claims

Without limiting Section 9, Customer agrees to indemnify, defend, and hold harmless Otter and its affiliates, officers, directors, employees, and agents from any claims, damages, fines, penalties, costs (including attorneys’ fees and arbitration costs), losses, or liabilities arising from or related to:

  • Customer’s use of the Email Service, including any email transmitted
    on Customer’s behalf;
  • Any failure to obtain lawful consent from email recipients;
  • Failure to maintain authentication, list hygiene, content standards,
    or other compliance obligations under this Section;
  • Any claim by Customer or any third party for direct, indirect, consequential, incidental, or punitive damages, including lost profits, lost revenue, lost business opportunities, lost goodwill, or reputational harm, arising from email deliverability outcomes; and
  • Customer’s violation of CAN-SPAM, CASL, or any other applicable law governing email.
2A.8 No Warranty; Limitation of Liability

The Email Service is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting Section 11, Otter shall have no liability to Customer or any third party for any direct, indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, lost business opportunities, lost goodwill, or reputational harm, arising from or related to email deliverability, inbox placement, mailbox provider decisions, sender reputation, or any other outcome of Customer’s use of the Email Service. Customer’s sole and exclusive remedy for dissatisfaction with the Email Service is to discontinue use of the Email Service.

3. Compliance with Laws and Guidelines

You agree to comply with all applicable U.S. and Canadian laws and regulations, including but not limited to:

  • United States: Telephone Consumer Protection Act (TCPA), FCC regulations (47 C.F.R. § 64.1200), CAN-SPAM Act, CTIA Messaging Principles and Best Practices, The Campaign Registry 10DLC Rules, FTC Endorsement and Testimonial Guidelines.
  • Canada: Canada’s Anti-Spam Legislation (CASL, https://laws-lois.justice.gc.ca/eng/acts/E-1.6/), Canadian Radio-television and Telecommunications Commission (CRTC) guidelines.

You must also comply with the Acceptable Use Policy (AUP), which includes specific requirements for SHAFT campaigns and anti-spam rules, and the AI Policy, which governs the use of AI Features. You represent that all recipients have provided 100% opt-in consent (e.g., express written or electronic consent in the U.S.; express or implied consent in Canada). Upon Otter’s request, you must provide a signed guarantee from a company officer and a detailed explanation of your opt-in process. Otter may suspend or terminate your account if consent is not verified.

3.1 SHAFT Compliance

SMS marketing for regulated industries, such as alcohol, cigars (tobacco), and firearms (including firearm-related businesses), is subject to stringent carrier guidelines and U.S./Canadian federal, state, or provincial regulations due to higher penalties for non-compliance. OtterText specializes in supporting businesses in these industries by ensuring compliance for SMS campaigns. For detailed guidance, see https://ottertext.com/shaft-compliance/.

OtterText manages all SMS registrations, including 10DLC, toll-free numbers, and short codes, and secures necessary carrier approvals for SHAFT-compliant campaigns in the U.S. and Canada. Compliance requirements are consistent across all number types. You agree to the following:

  • Age Verification: You must implement and maintain age-gates (e.g., 21 for alcohol/cigars, 21 for firearms in Canada; 21 for alcohol/cigars, 21 for firearms in the U.S., or higher per state/provincial law) on your website, opt-in forms, or other customer touchpoints to restrict access to minors, as required by carriers and applicable laws.
  • Campaign Vetting: You must submit accurate campaign details (e.g., use case, sample messages, age restrictions) to OtterText for carrier approval. OtterText will facilitate the vetting process with The Campaign Registry (U.S.) or Canadian carriers.
  • Consent and Content:
    • U.S.: You must obtain express written or electronic opt-in consent from recipients, clearly disclosing that messages may include promotions for alcohol, cigars, or firearms. Messages must not promote illegal activities, underage consumption, or non-compliant products.
    • Canada: You must obtain express consent (e.g., keyword “START,” unchecked checkbox) or implied consent (e.g., purchase within 2 years) for Canadian recipients, per CASL. Consent forms must disclose the purpose and SHAFT content. Messages must include sender identification, a bilingual unsubscribe mechanism (e.g., “STOP”/“ARRET”), and comply with Canadian laws (e.g., Tobacco and Vaping Products Act).
  • AI Features: If using AI Features, you must ensure AI-generated Outputs comply with these requirements, including age disclaimers and opt-out instructions.

Audit Responsibilities and Penalty Terms

  • Audits and Penalties: You are responsible for maintaining compliance during carrier audits in the U.S. or Canada. If you remove or fail to maintain required age-gates or violate SHAFT guidelines, resulting in an audit or loss of 10DLC, toll-free, or short code registration, you will be charged $200 per hour for OtterText’s efforts to resolve the issue and restore compliance.
  • U.S. State Laws: You must comply with all applicable state laws governing alcohol, cigars, and firearms, including age verification, delivery restrictions, and advertising rules (e.g., California’s Alcoholic Beverage Control Act, New York’s firearms regulations).
  • Canadian Provincial Laws: You must comply with all applicable provincial laws, such as British Columbia’s Liquor Control and Licensing Act or Ontario’s Firearms Act, and federal laws like the Tobacco and Vaping Products Act.

You must ensure your campaigns comply with CCPA/CPRA, including conducting risk assessments for high-risk data processing (e.g., automated personalization). OtterText performs its own assessments as required. Failure to comply with SHAFT requirements may result in campaign suspension, account termination, or carrier-imposed penalties, for which you are solely liable. Consult legal counsel to ensure compliance with U.S. and Canadian requirements.

3.2 Texas SB140 Compliance

Effective September 1, 2025, Texas Senate Bill 140 (“SB140”) expands the definition of telephone solicitation to include SMS and MMS marketing. If you send text messages to Texas residents, you are solely responsible for determining whether SB140 applies to your business and for complying with its requirements. This includes, but is not limited to, registration with the Texas Secretary of State, payment of associated fees, and posting of any required security deposit.

You acknowledge and agree that:

  • Customer Responsibility: Compliance with SB140 and any other state-specific laws is your sole responsibility. OtterText does not provide legal advice and cannot register your business on your behalf.
  • Indemnification: You agree to indemnify, defend, and hold harmless Otter, its officers, employees, and affiliates from any claims, fines, penalties, or costs (including attorneys’ fees) arising from your failure to comply with SB140 or any similar law.
  • Compliance Warranty: You represent and warrant that you will comply with all state-specific messaging laws, including SB140, when applicable.
  • Suspension Rights: Otter may suspend or terminate your access to the Service if it reasonably suspects that you are violating SB140 or other applicable state laws.
  • Jurisdiction: To the fullest extent permitted by law, Otter does not consent to jurisdiction in Texas for disputes related to SB140. Any such disputes must be resolved under the Governing Law and Dispute Resolution provisions of this Agreement.

4. Content

4.1 Definition

“Your Content” refers to data, messages, or materials you submit for storage, processing, or transmission via the Service, including Outputs from AI Features.

4.2 Representations

You represent that:

  • You own or have licensed all rights to Your Content, and it does not
    infringe third-party rights (e.g., intellectual property, privacy).
  • All Content must comply with carrier and aggregator standards in the
    U.S. and Canada and must not be libelous, defamatory, obscene, or unlawful.
  • Content must adhere to all guidelines listed in Section 3, the AUP,
    the AI Policy, and must not contain Prohibited Content, except as
    permitted for SHAFT-compliant campaigns.
  • Use of AI Features must comply with CCPA/CPRA requirements for
    automated decision-making, as detailed in our AI Policy and Privacy Policy.
4.3 Prohibited Content

Except for alcohol, cigars, and firearms campaigns that comply with Section 3.1 and the AUP, Prohibited Content includes, but is not limited to, content related to sex, hate, non-cigar tobacco (e.g., cigarettes, vaping), CBD, illegal drugs, violence, profanity, loans, debt relief, credit repair, taxes, or work-from-home schemes. Otter reserves the right to refuse, suspend, or terminate any campaign involving Prohibited Content at any time without notice.

4.4 Malicious Code

Your Content must not contain viruses, worms, malware, or other code intended to harm systems or data (“Malicious Code”).

4.5 Intellectual Property Infringement

Otter may remove or disable access to content believed to infringe third-party intellectual property rights. If you believe content was wrongly removed, send a Counter Notification to support@ottertext.com with:

  • Your signature.
  • Identification of the removed content and its prior location.
  • A statement under penalty of perjury that the removal was a mistake.
  • Your contact information and consent to jurisdiction in Colorado.

Otter will forward the Counter Notification to the claimant and restore content within 10 to 14 business days unless a court order is received. Repeat infringers (two or more verified claims) may have their accounts terminated.

5. Payment and Fees

5.1 Payment Terms

You authorize Otter to charge your credit card for monthly Service fees and overages, as outlined in your plan or billing page and in the Autopay Authorization. The Service is month-to-month with automatic renewal unless canceled. Fees are earned on the first day of each billing cycle. No refunds will be provided for any fees or charges, including for unused services, billing errors, or termination.

5.2 Auto-Refill

You agree to maintain a valid credit card on file for automatic charges, as detailed in the Autopay Authorization Policy. If your account balance drops to $10 or below, Otter will automatically charge your card to replenish the balance. The default recharge amount is $100, but you may configure a different amount (e.g., $50, $200) via your account’s billing settings. You are responsible for ensuring sufficient funds and updating payment information. No refunds will be provided for auto-refill charges.

5.3 Pass-Through Charges

Otter may pass through third-party fees (e.g., carrier charges in the U.S. or Canada) at cost, with notice where feasible.

5.4 Taxes

You are responsible for paying applicable sales, use, or similar taxes in the U.S. and Canada. If Otter is assessed taxes due to your failure to pay, you will reimburse Otter. Tax-exempt entities must provide a valid exemption certificate.

5.5 Billing Disputes

Notify Otter of billing disputes within 60 days of receiving your statement at support@ottertext.com, including a detailed explanation. You must pay undisputed amounts during dispute resolution. No refunds will be provided, but credits may be issued at Otter’s discretion for verified errors.

5.6 Chargebacks

If a chargeback, reversal, or dispute is filed against any charge on your account, Otter may immediately suspend or permanently terminate your account without notice. You are liable for all chargeback-related fees and unpaid amounts for the full billing cycle.

For each chargeback filed against a verified, delivered transaction, you will be assessed a $50.00 chargeback processing fee per incident, in addition to any fees assessed by Otter’s payment processor. These fees are in addition to, and do not limit, any other remedies available to Otter.

Filing a chargeback against a charge for services delivered and consumed through the Platform constitutes a material breach of this Agreement. Upon determination that a chargeback was filed against a valid charge, Otter reserves the right to permanently ban the associated account holder, along with any associated email addresses, billing profiles, or entities, from access to all Otter Technologies, Inc. platforms, including but not limited to OtterText, OtterSign, OtterOrder, and OtterPay. This ban is permanent and not subject to appeal.

Otter’s records, including campaign delivery logs, usage audit trails, and transaction timestamps, are dispositive evidence in any chargeback dispute. By using the Platform, you acknowledge that Otter will submit such records as evidence to the card network and that services delivered and consumed are non-refundable under any circumstances.

5.7 Lien on Account

Otter reserves the right to place a lien on your account for any unpaid fees, charges, or liabilities, including auto-refill charges, compliance fees, or indemnification amounts. You grant Otter a security interest in your account funds to secure payment obligations. Otter may apply these funds to satisfy outstanding amounts without notice.

6. Privacy and Confidentiality

6.1 Privacy Policy

Your data, including data shared via third-party integrations or AI Features, is handled per our Privacy Policy. Otter acts as a “service provider” under the California Consumer Privacy Act (CCPA) and a “processor” under CASL, processing personal information on your behalf. Otter will not sell or use personal information outside the Service’s purpose.

Our Privacy Policy, updated for 2025 CCPA amendments, details how we handle personal information, including risk assessments for high-risk processing, cybersecurity audits (if applicable), and your rights regarding automated decision-making (e.g., opt-outs for AI-personalized messaging). For CCPA/CPRA requests related to California residents’ data, contact support@ottertext.com. For CCPA or CASL requests (e.g., data access, deletion), contact support@ottertext.com.

6.2 Confidentiality

Otter will not share your customer data with third parties unless you connect to third-party apps or as required by law. “Confidential Information” includes data marked as confidential or reasonably considered confidential. Each party agrees not to disclose the other’s Confidential Information for 3 years post-termination or while it remains a trade secret, except:

  • If previously known, publicly available, or independently developed.
  • If required by law, with notice to the other party.

Otter may use residual knowledge (non-tangible insights) for future services, provided your Confidential Information is not disclosed.

6.3 Third-Party Integrations and Data Sharing

The Service may allow you to connect third-party applications or services (“Integrations”) that push data to OtterText (e.g., customer contact information from a CRM) or pull data from OtterText (e.g., campaign analytics accessed by a marketing platform). By using Integrations, you agree to the following:

  • Data Pushed to OtterText: Data sent to OtterText via Integrations will be processed solely to provide the Service, as outlined in our Privacy Policy. You are responsible for ensuring that such data is accurate, lawfully obtained, and accompanied by necessary consents (e.g., opt-in for SMS messaging per TCPA or CASL). OtterText is not liable for inaccuracies or non-compliance in data you provide. Integrations involving sensitive data or automated processing may require risk assessments under CCPA.
  • Data Pulled from OtterText: Data accessed by Integrations you connect to is subject to the third party’s terms and privacy policies. OtterText is not responsible for how third parties use, store, or share data pulled from the Service. You must ensure that such Integrations comply with applicable laws (e.g., CCPA, CASL, TCPA) and safeguard the data.
  • Customer Responsibilities: You must configure Integrations in accordance with OtterText’s Privacy Policy and obtain all necessary consents from your end-users before pushing or allowing access to their data. You agree to indemnify OtterText for any claims arising from your use of Integrations.
  • OtterText’s Role: OtterText will not share your data with third parties except as authorized through Integrations you enable, AI Features (per the AI Policy), or as required by law. Data shared via Integrations or AI Features is transmitted securely, but OtterText is not liable for third-party breaches or misuse.

7. Downtime and Refunds

Otter guarantees 99.9% uptime, excluding scheduled maintenance or Force Majeure Events. If downtime exceeds one day per month, request credits within 30 days at support@ottertext.com. No refunds will be provided, but credits may be issued at Otter’s discretion for verified downtime.

8. Term and Termination

8.1 Term

The Service is month-to-month with automatic renewal. There is no minimum term, and you may cancel at any time.

8.2 Termination by You

Cancel your account by navigating to the Billing section of your dashboard and clicking the red Cancel Account button. https://app.ottertext.com/admin/billing/subscription. Cancellation takes effect at the end of the billing cycle. No refunds are provided.

8.3 Termination by Otter

Otter may suspend or terminate your account without notice for:

  • Violation of this Agreement (e.g., non-compliant SHAFT content, Prohibited Content, AUP, AI Policy, or CASL violations).
  • Nonpayment after a 14-day notice.
  • Significant undeliverable messages.
  • Legal or regulatory requirements in the U.S. or Canada.

No refunds are provided for Otter-initiated terminations.

8.4 Effect of Termination

Sections 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, and 15 survive termination. Under these OtterText Terms and Conditions, you will lose access
to your account and data upon termination.

9. Indemnification

You agree to indemnify and hold Otter, its affiliates, and representatives harmless from losses, damages, or costs (including legal fees) arising from:

  • Your breach of this Agreement, including SHAFT non-compliance, AUP, AI Policy, or CASL violations, including violations of CCPA/CPRA amendments on automated decision-making or risk assessments.
  • Your Content or use of the Service, including Integrations and AI Feature Outputs.
  • Third-party claims related to TCPA, CASL, SHAFT, or other violations.

Otter may charge your account or credit card for such losses without notice.

10. Intellectual Property

Otter owns all intellectual property rights in the Platform, including AI Features. You may not reproduce, reverse-engineer, or exploit the Service without written consent. By submitting feedback or comments to public areas of the Platform, you grant Otter a perpetual, royalty-free license to use, reproduce, and distribute such content for marketing purposes.

11. Limitation of Liability

Otter is not liable for indirect, incidental, or consequential damages (e.g., lost profits, data loss) arising from your use of the Service, including Integrations or AI Features. Otter’s liability is limited to the fees paid for the month in which a claim arises. Otter provides the Service ‘AS IS’ without warranties, except where prohibited by law. Claims must be brought within one year of accrual.

12. Force Majeure

Otter is not liable for Service disruptions due to events beyond our control (e.g., natural disasters, carrier outages). If a Force Majeure Event lasts 15 consecutive business days, either party may cancel without damages. Payment obligations are not excused.

13. Dispute Resolution

13.1 Arbitration

Disputes arising from this Agreement will be resolved by binding arbitration in Boulder, Colorado, under the American Arbitration Association’s Commercial Rules, for U.S. customers, or in Toronto, Ontario, under the Canadian Arbitration Association’s Rules, for Canadian customers. The arbitrator will decide arbitrability and jurisdiction. You waive the right to a jury trial or class action.

13.2 Exceptions

Either party may:

  • File in small claims court.
  • Seek injunctive relief for intellectual property disputes.
  • Enforce arbitration awards in court.
13.3 Costs

The prevailing party is entitled to reasonable attorney’s fees and costs.

13.4 Confidentiality

Both parties must keep arbitration proceedings and related information confidential, except as required by law or to enforce awards.

13.5 Governing Law

This Agreement is governed by Colorado law for U.S. customers and Ontario law for Canadian customers, excluding conflict-of-law principles.

14. Miscellaneous

14.1 Anti-Terrorism Compliance

You represent that you are not listed on any U.S. or Canadian government sanctions list (e.g., OFAC, Executive Order 13224, Canadian Anti-Terrorism Act) and comply with anti-money laundering laws.

14.2 Electronic Communications

By using the Platform, you consent to electronic communications (e.g., email, SMS). Otter recommends encrypting sensitive data.

14.3 Non-Disparagement

You agree not to make disparaging statements about Otter or its affiliates, except as required by law.

14.4 Cooperation with Investigations

You agree to cooperate with Otter and U.S./Canadian authorities in investigations related to your account. Failure to cooperate may result in account closure.

14.5 Quality Control

Otter may monitor communications (e.g., calls, emails) for quality assurance.

14.6 Assignment

You may not assign this Agreement without Otter’s consent. Otter may assign it to affiliates or successors.

14.7 Severability

If any provision is unenforceable, the remaining provisions remain in effect.

14.8 Entire Agreement

These OtterText Terms and Conditions, including all referenced
policies, supersede all prior agreements.

15. Incorporated Policies, Order of Precedence, and Defined Terms

15.1 Incorporation by Reference

The AUP (https://ottertext.com/acceptable-use-policy/), AI Policy (https://ottertext.com/ottertext-ai-policy/), Autopay Authorization (https://ottertext.com/autopay-authorization-policy/), Privacy Policy (https://ottertext.com/privacy-policy/), and Glossary (https://ottertext.com/ottertext-glossary/), each also available at https://ottertext.com/legal, are incorporated into this Agreement by reference and are binding on you with the same force and effect as if fully set forth herein. Otter may update any incorporated policy from time to time by posting the revised version at https://ottertext.com/legal, and your continued use of the Service after posting constitutes acceptance. A violation of any incorporated policy is a violation of these
OtterText Terms and Conditions.

15.2 Order of Precedence

In the event of a conflict among the components of this Agreement, the following order of precedence governs, except where a specific policy expressly states that it controls as to its subject matter: (a) a fully executed sales order or Order Form between you and Otter; (b) these Terms of Service; (c) the AUP; (d) the AI Policy; (e) the Autopay Authorization; and (f) the Privacy Policy. Notwithstanding the foregoing, the AI Policy controls with respect to the use of AI Features, and the Autopay Authorization controls with respect to automatic payment authorization and auto-refill mechanics. The Glossary is interpretive only and does not override an express definition stated in a specific component of this Agreement.

15.3 Defined Terms

Capitalized and industry-specific terms used but not defined in a particular component of this Agreement have the meanings given to them in this Agreement or, if not defined here, in the Glossary available at https://ottertext.com/ottertext-glossary/. The Glossary defines terms including, without limitation, 10DLC, Age-Gate, AI Features, AUP, Auto-Refill, Campaign Vetting, Commercial Electronic Message (CEM), Express Consent, Implied Consent, Opt-In Consent, Output, Prohibited Content, SHAFT, Short Code, Toll-Free Number, and Third-Party Technology.

15.4 Survival

This Section 15 survives the expiration or termination of the Agreement.

Contact Information — OtterText Terms and Conditions

Otter Technologies, Inc.

1925 Grand Ave Ste 129

Billings, Montana 59102

Email: support@ottertext.com