Frequently Asked Questions

ClearSpirit Messaging Policy: SMS, MMS, Conversations, Third-Party Messaging Platforms.

Consent Form

This Messaging Policy applies to SMS, MMS, Conversations, and Third-Party Messaging Platform channels. We all expect the messages we want to receive will reach us unhindered by filtering or other blockers. A vital step ClearSpirit and our customers can take to make that expectation a reality is to prevent and eliminate unwanted messages. Towards that end, we strive to work with our customers so that messages are sent with the consent of the message recipient and that those messages comply with applicable laws, communications industry guidelines or standards, and measures of fairness and decency.  This principle is central to ClearSpirit's Privacy Policy and Terms of Service.

ClearSpirit Messaging

ClearSpirit treats all messaging transmitted via ClearSpirit’s platform - regardless of the use case or phone number type (e.g., long code, short code, or toll-free) - as Application-to-Person (A2P) messaging. All A2P messages originating from ClearSpirit are subject to this Messaging Policy, which covers rules and /or prohibitions regarding:

• Consent      (“opt-in”);
• Revocation      of Consent (“opt-out”);
• Sender      Identification;
• Messaging      Usage;
• Filtering      Evasion; and
• Enforcement.

This policy applies to all customers who use ClearSpirit’s messaging channels. If you provide your end users or clients with the ability to send messages through ClearSpirit, for example, as an ISV (Independent Software Vendor), you are responsible for the messaging activity of these users. You must ensure that any messaging activity your users generate complies with ClearSpirit policies.

Consent / Opt-in

What Is Proper Consent?

Consent cannot be bought, sold, or exchanged. For example, you cannot obtain the consent of message recipients by purchasing a phone list from another party.  Aside from two exceptions noted later in this section, you must meet each of the consent requirements listed below. Suppose you are a software or platform provider using ClearSpirit’s platform for messaging within your application or service. In that case, you must require your customers to adhere to these requirements when dealing with their users and customers.

Consent Requirements

• Prior      to sending the first message, you must obtain agreement from the message      recipient to communicate with them - this is referred to as "consent."   You must make clear to the individual they are agreeing to receive messages of the type you're going to send. You need to keep a record of  the consent, such as a copy of the document or form that the message recipient signed or a timestamp of when the customer completed a sign-up flow.
• If you do not send an initial message to that individual within a reasonable period after receiving consent (or as set forth by local regulations or best practices), you must reconfirm consent in the first message you send to that recipient.
• The consent applies only to you and to the specific use or campaign to which the recipient has consented. You can't treat it as blanket consent allowing you to send messages from other brands or companies you may have or additional messages about other uses or campaigns.
• Local regulations or best practices should retain proof of opt-in consent after the end user opts out of receiving messages.

Alternative Consent Requirements

While consent is always required, and the consent requirements noted above are generally the safest path, there are two scenarios in which consent can be received differently.

Contact initiated by an individual

If an individual sends a message to you, you are free to respond in an exchange with that individual. For example, if an individual texts your phone number asking for your hours of operation, you can respond directly to that individual, relaying your open hours. In such a case, the individual’s inbound message to you constitutes both consent and proof of consent. Remember that the consent is limited only to that particular conversation. Unless you obtain additional consent, don't send messages outside that conversation.

Informational content to an individual based on a prior relationship

You may send a message to an individual with whom you have a prior relationship, provided that individual provided their phone number to you, has taken some action to trigger the potential communication, and has not preferred not to receive messages from you. Actions include a button press, alert setup, appointments, or order placements. Examples of acceptable messages in these scenarios include appointment reminders, receipts, one-time passwords, order/shipping/reservation confirmations, drivers coordinating pick-up locations with riders, and repair persons confirming service call times.

The message can't attempt to promote a product, convince someone to buy something, or advocate for a social cause.

Periodic Messages and Ongoing Consent

If you intend to send messages to a recipient continuously, you should confirm the recipient’s consent by offering them a clear reminder of how to unsubscribe from those messages using standard opt-out language (defined below). You must also respect the message recipient’s preferences in terms of frequency of contact. You also need to proactively ask individuals to reconfirm their consent as set forth by local regulations and best practices.

Identifying Yourself as the Sender

Every message you send must identify you (the party that obtained the opt-in from the recipient) as the sender, except in follow-up messages of an ongoing conversation.

Opt-out

The initial message that you send to an individual needs to include the following language: “Reply STOP to unsubscribe,” or the equivalent using another standard opt-out keyword, such as STOP ALL, UNSUBSCRIBE, CANCEL, END, and QUIT.

Individuals must be able to revoke consent by replying with a standard opt-out keyword. When an individual opts out, you may deliver one final message to confirm that the opt-out has been processed, but subsequent messages are not allowed. An individual must once again provide consent before you can send any additional messages.

Usage Limitations

Content We Do Not Allow

The key to ensuring that messaging remains an excellent channel for communication and innovation is preventing abusive use of messaging platforms. That means we never allow some types of content on our platform, even if our customers get consent from recipients for that content. ClearSpirit's Privacy Policy and Terms of Service prohibit sending any content that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public, even if the content is permissible by law. Other prohibited uses include:

• Anything      that is illegal in the jurisdiction where the message recipient lives. Examples include, but are not limited to:

• Cannabis. Messages related to cannabis are not allowed in the United States as federal laws prohibit its sale, even though some states have legalized it. Similarly, CBD-related messages are not permissible in the United States, as certain states       prohibit its sale. ClearSpirit defines a cannabis message as any message that relates to the marketing or sale of a cannabis product, regardless of       whether or not those messages explicitly contain cannabis terms, images, or links to cannabis websites.
• Prescription Medication. Offers for prescription medication that cannot legally be sold over the counter are prohibited in the United States.

• Hate speech, harassment, exploitative, abusive, or any communications that originate from a hate group.
• Fraudulent messages.
• Malicious content, such as malware or viruses.
• Any content intentionally designed to evade filters (see below).

Country-Specific Rules

All messages should comply with the rules applicable to the country in which the message recipient lives, which can be found in our Country-Specific Guidelines. Additionally, ClearSpirit has Country-Specific Requirements for select countries, which you should review prior to sending a message to recipients in or from those countries.

Age and Geographic Gating

If you are sending messages in any way related to alcohol, firearms, gambling, tobacco, or other adult content, then more restrictions apply. In addition to obtaining consent from every message recipient, you must ensure that no recipient is younger than the legal age of consent based on where the recipient is located. You also must ensure that the message content complies with all applicable laws of the jurisdiction where the recipient is located or applicable communications industry guidelines or standards.

You must be able to provide proof that you have measures in place to ensure compliance with these restrictions.

Messaging Policy Violation Detection and Prevention Evasion

Customers may not use ClearSpirit’s platform to evade ClearSpirit’s or a telecommunications provider’s unwanted messaging detection and prevention mechanisms. Subject to ClearSpirit’s Privacy Notice, ClearSpirit collects and monitors the content of text messages that are transmitted via ClearSpirit’s platform to specific countries to detect spam, fraudulent activity, and violations of ClearSpirit's Acceptable Use Policy. For more information on collecting and monitoring text message content in certain countries, please review ClearSpirit’s Country Specific Requirements, which are part of ClearSpirit’s Acceptable Use Policy.

Examples of prohibited practices include:

• Content designed to evade detection. As noted above, we do not allow content specifically      designed to evade detection by unwanted messaging detection and prevention      mechanisms. This includes intentionally misspelled words or non-standard opt-out phrases that have been specifically created to evade these mechanisms.
• Snowshoeing.      We do not permit snowshoeing, which is defined as spreading similar or      identical messages across many phone numbers with the intent or effect of evading unwanted messaging detection and prevention mechanisms.
• Simulated      social engineering attacks. You are prohibited from transmitting      messages used for security testing, including      simulated phishing and other activities that may resemble social      engineering or similar attacks.
• Other      practices identified and prohibited by this policy and ClearSpirit’s  Acceptable Use Policy.

How We Handle Violations

When we identify a violation of these principles, we will work with customers in good faith to get them back into compliance with this policy. However, to protect the continued ability of all our customers to use messaging for legitimate purposes freely, we reserve the right to suspend or remove access to ClearSpirit’s platform for customers or customers’ end users that we determine are not complying with the Messaging Policy, or who are not following the law in any applicable area or applicable communications industry guidelines or standards, in some instances with limited notice in the case of serious violations of this policy.