SMS Terms & Conditions

1. SMS Program Overview

CarProximity's SMS feature allows you to send text messages to customers who enter your geofenced areas and have provided prior express written consent to receive marketing messages.

2. Consent Requirements (TCPA Compliance)

2.1 Prior Express Written Consent

You MUST obtain prior express written consent before sending any marketing SMS messages. Valid consent requires:

• Clear and Conspicuous Disclosure: Recipients must be clearly informed they're agreeing to receive SMS marketing messages
• Signature or Electronic Agreement: Consent must be documented with a signature, checkbox, or similar mechanism
• Phone Number Provided: The recipient must affirmatively provide their mobile phone number
• Not a Condition of Purchase: Consent cannot be required as a condition of purchasing goods or services

2.2 Required Disclosures

Your consent language must include:

• Purpose of messages (marketing/promotional)
• Frequency of messages (e.g., "Up to 4 messages per month")
• Message and data rates may apply
• Instructions to opt-out (e.g., "Reply STOP to cancel")
• Instructions for help (e.g., "Reply HELP for help")
• Link to Terms and Privacy Policy

2.3 Example Consent Language

3. Consent Record-Keeping

You are responsible for maintaining detailed records of consent, including:

• Date and time consent was obtained
• Method of consent (web form, paper form, etc.)
• Exact consent language shown to the recipient
• Phone number provided
• IP address (for digital consent)

Retention: Maintain consent records for at least 4 years after the last message sent.

4. Message Content Requirements

4.1 Required Elements

Every marketing SMS must include:

• Sender Identification: Clear identification of your business
• Message Purpose: The reason for the message
• Opt-Out Instructions: Clear instructions to stop messages (e.g., "Reply STOP to opt-out")

4.2 Example Compliant Message

4.3 Prohibited Content

• False or misleading information
• Content that violates laws or regulations
• Offensive, obscene, or inappropriate material
• Messages sent to numbers on the National Do Not Call Registry (without consent)

5. Opt-Out Compliance

5.1 Immediate Processing

Opt-out requests must be honored immediately. When a recipient replies with:

• STOP, QUIT, CANCEL, UNSUBSCRIBE, END or similar keywords
• They must be removed from your SMS list within 24 hours
• No further marketing messages may be sent
• You must send a confirmation message acknowledging the opt-out

5.2 Confirmation Message

5.3 HELP Response

When a recipient replies "HELP", send:

6. Frequency and Timing

6.1 Reasonable Frequency

Follow best practices for message frequency:

• Do not exceed the frequency disclosed in your consent
• Recommended: No more than 4-6 marketing messages per month
• Avoid sending multiple messages in a single day

6.2 Timing Restrictions

• Permitted Hours: 8:00 AM to 9:00 PM in the recipient's local time zone
• Prohibited: Messages outside these hours may violate TCPA

7. Fees and Charges

CarProximity charges for SMS messages as specified in your subscription plan. You are responsible for:

• All SMS charges incurred through your account
• Informing recipients that message and data rates may apply to them
• Monitoring your SMS usage and spending limits

8. Carrier Requirements

SMS messages are subject to carrier networks and CTIA guidelines. Messages may be:

• Delayed or not delivered due to network issues
• Blocked by carriers for suspected spam or violations
• Subject to carrier filtering and review

Supported Carriers: T-Mobile, AT&T, Verizon, Sprint, and most major U.S. carriers.

9. Your Responsibilities

As a CarProximity customer using SMS features, you are responsible for:

• Obtaining and maintaining valid consent records
• Complying with TCPA, CTIA, and all applicable laws
• Using compliant message content and opt-out procedures
• Monitoring and responding to opt-out requests
• Training your staff on SMS compliance
• Maintaining your own legal counsel for compliance advice

10. CarProximity's Role

CarProximity provides technology to facilitate SMS campaigns. We:

• Provide tools for consent management and opt-out processing
• Automatically process STOP and HELP keywords
• Include required disclosures in message templates
• Monitor for compliance violations

Important: CarProximity is a technology provider. You remain solely responsible for compliance with all applicable laws. We do not provide legal advice.

11. Violations and Penalties

11.1 TCPA Penalties

TCPA violations can result in:

• $500 to $1,500 per violation (per unauthorized text message)
• Class action lawsuits
• Regulatory fines and penalties

11.2 Account Suspension

CarProximity reserves the right to suspend or terminate SMS access for:

• Suspected TCPA violations
• Spam complaints
• Failure to honor opt-out requests
• Carrier blocks or complaints

12. Indemnification

You agree to indemnify and hold CarProximity harmless from any claims, damages, or penalties arising from your SMS campaigns, including TCPA violations, lack of consent, or failure to honor opt-outs.

13. Resources

For more information on SMS compliance:

• FCC TCPA Information: fcc.gov/tcpa
• CTIA Messaging Guidelines: ctia.org
• Mobile Marketing Association: mmaglobal.com

14. Contact for SMS Support