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Otter Technologies

SMS Terms and Conditions

 

Effective Date: December 1, 2024

By signing up for OtterText (“Service”), provided by Otter Technologies, Inc. (“Otter”), you agree to these Terms of Service (“Agreement”).

Consent to Receive Communications

By signing up, you agree to receive text messages and emails regarding software updates and relevant information about using the Service. Message and data rates may apply. Message frequency varies. You may opt out of these communications at any time by texting STOP for texts or unsubscribing from emails. Text HELP for more information.

Description of Service

Otter provides a web-based application for managing mobile marketing campaigns, including mobile messaging capabilities. Unless explicitly stated otherwise, new features that enhance the Service are subject to this Agreement. The Service is provided on an “AS-IS” basis, and Otter assumes no responsibility for issues such as delays, mis-deliveries, or storage failures.

You are responsible for obtaining access to the Service, including any third-party fees (e.g., internet access). Otter is not liable for third-party service disruptions.

Your Registration Obligations

You represent that you are of legal age to form a binding contract and are not barred from receiving the Service under applicable laws. You agree to:

  1. Provide accurate, current, and complete information (“Registration Data”) when signing up.
  2. Update Registration Data to keep it accurate, current, and complete.

Failure to comply may result in account suspension or termination. Children under 13 are prohibited from using the Service.

Payment and Fees

Payment by Credit Card

You authorize Otter to charge your credit card for the monthly Service fee and any overage fees, as outlined in the Payment Method section during registration.

Pass-Through Charges

If third parties (e.g., Network Operators) change fees associated with provisioned phone numbers, Otter may pass these charges through to you at cost.

Privacy Policy

Registration Data and other information about you are subject to our Privacy Policy, available at https://ottertext.com/privacy-policy. By using the Service, you consent to data collection and usage as outlined in the Privacy Policy, including transferring data for storage, processing, and use by Otter and its affiliates.

Member Account, Password, and Security

You are responsible for maintaining the confidentiality of your account credentials. Notify Otter immediately of unauthorized account use or security breaches. Otter is not liable for any loss or damage resulting from your failure to comply.

Member Conduct, Representations, and Warranties

You agree to use the Service responsibly and in compliance with all applicable laws and regulations. You must not:

  • Send unsolicited messages (spam) or engage in fraudulent or unlawful activities.
  • Transmit harmful, obscene, defamatory, or infringing content.
  • Use automated systems or equipment to send messages without human intervention.
  • Interfere with the Service’s functionality or security.

Otter reserves the right to pre-screen, refuse, or remove any content that violates this Agreement.

Compliance with Laws and Regulations

You agree to comply with all applicable laws governing SMS messaging, including:

  • Telephone Consumer Protection Act (TCPA)
  • CAN-SPAM Act
  • CTIA Messaging Principles and Best Practices

You are responsible for ensuring that your subscriber lists are collected and maintained in compliance with applicable laws.

Downtime and Refund Policy

Otter guarantees that downtime will not exceed one day per calendar month, excluding scheduled maintenance. In case of excess downtime, you may request account credits as detailed in the Agreement. Refunds are issued at Otter’s discretion.

Termination

Otter may terminate your account without prior notice for reasons including, but not limited to:

  • Violations of this Agreement
  • Nonpayment of fees
  • Legal or regulatory requirements

You may terminate your account by providing prior written notice or canceling through your dashboard. No refunds will be provided for terminated accounts.

Proprietary Rights

All intellectual property rights in the Service remain with Otter. You agree not to reproduce, reverse-engineer, or exploit the Service for commercial purposes without Otter’s consent.

Limitation of Liability

Otter is not liable for direct, indirect, incidental, or consequential damages arising from your use of the Service. This limitation may not apply in jurisdictions that prohibit such exclusions.

Modifications to Service

Otter reserves the right to modify or discontinue the Service at any time. Otter will not be liable for any resulting impact on your use of the Service.

Contact Information

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

This Agreement constitutes the entire agreement between you and Otter regarding the Service. Any disputes arising from this Agreement will be governed by the laws of Colorado.