Acceptable Use & Messaging Policy

For purposes of this Policy:

• “Messaging” means any SMS, MMS, RCS, or similar text message, and where stated, email.
• “Recipient” means any person you send a message to.
• “Consent” means the legally required permission from a Recipient to receive your messages, of the type and scope the law requires for the message you send.
• “Marketing Message” means any message whose purpose is to encourage a purchase, promote a product or service, or generate leads or business. All other messages a Recipient has agreed to receive are “Informational Messages.”
• “A2P 10DLC”means the U.S. carrier framework for application-to-person business text messaging, including the business “Brand” and messaging “Campaign” registrations.
• “Carriers” means mobile network operators and the registries and intermediaries that govern message delivery.

When you send communications through the Service, you — and not DispoStack — are the “sender,” “seller,” “telemarketer,” “advertiser,” content provider, and initiator of those communications for all legal and regulatory purposes. The Service is a tool that transmits messages you choose to send to Recipients you choose. You alone determine your Recipients, your content, your timing, and your consent practices. You are solely responsible for your compliance with all applicable laws, Carrier requirements, and industry standards, including (without limitation) the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR) and the federal and state Do-Not-Call rules, state telemarketing, consent, and “mini-TCPA” statutes, the CAN-SPAM Act (for email), the CTIA Messaging Principles and Best Practices, and A2P 10DLC registration requirements. DispoStack acts only as a conduit and provides tools; it does not review or approve your Recipients or content in advance and does not assume your legal obligations.

You agree not to, and not to allow anyone using your account to:

• use the Service to violate any law or regulation, or to infringe, misappropriate, or violate any third party’s rights;
• send unlawful, deceptive, fraudulent, harassing, threatening, obscene, or unsolicited communications;
• upload or transmit malware, attempt to gain unauthorized access, probe or test the security of the Service, or interfere with its normal operation;
• scrape, harvest, resell, or systematically extract data except through features we provide for that purpose;
• reverse engineer or attempt to derive source code, except where that restriction is prohibited by law; or
• misrepresent your identity, business, or affiliation, or use the Service to defraud or mislead anyone.

You may only send messages to Recipients who have given you the Consent required by law for the type of message you are sending, and you must be able to produce evidence of that Consent on request.

• Informational Messagesrequire, at a minimum, the Recipient’s prior express consent.
• Marketing Messages require the Recipient’s prior express written consent: a clear, conspicuous opt-in that is not a condition of any purchase, identifies your business and the messaging program, and discloses that the Recipient will receive recurring automated marketing messages, that “Msg & data rates may apply,” the approximate message frequency, and how to opt out, with links to your terms and privacy policy.

Consent must be obtained directly by you and is specific to you; it cannot be bought, sold, rented, shared, appended, or assumed. A pre-existing list, a public record, a prior business relationship, or the mere fact that you have someone’s phone number is not, by itself, Consent. You may not message anyone who has not given the required Consent or who appears on an applicable suppression or do-not-contact list.

You may not send messages to numbers obtained from purchased, rented, shared, scraped, harvested, skip-traced, or third-party-appended lists, or to numbers for which you cannot demonstrate the required Consent. Acquiring a phone number — including through a data, lead, or skip-trace provider — does not create Consent to text or call that number.

Every message must clearly identify you or your business as the sender, and must not use deceptive, misleading, or unregistered sender information. Your initial message in any conversation (and, for recurring programs, periodically thereafter) must include clear opt-out instructions (for example, “Reply STOP to unsubscribe”) and, for Marketing Messages, a “Msg & data rates may apply” notice and your program’s message frequency. Do not impersonate any person or business or imply an affiliation you do not have.

You must honor opt-out requests immediately and permanently. When a Recipient replies STOP, END, CANCEL, UNSUBSCRIBE, QUIT, STOPALL, or any similar request — or revokes consent by any other reasonable means — their Consent is revoked and you may not message them again unless and until they re-consent. You may send a single confirmation of the opt-out, but nothing further. The Service helps by processing STOP-type keywords automatically and maintaining a suppression list, but you remain responsible for honoring every opt-out and revocation across all channels, including those made verbally, by email, or in person.

You must respond to HELP (or INFO) requests with a message that identifies your business and provides support contact information and opt-out instructions. Recipients must always be able to learn who is messaging them and how to stop.

Send only the messages a Recipient would reasonably expect, at a reasonable frequency, and within lawful contact hours. As a baseline, do not send marketing or solicitation messages outside 8:00 a.m. to 9:00 p.m. in the Recipient’s local time zone, and comply with any stricter state-specific quiet-hours, frequency, or consent rules. Do not send content designed to provoke a high reply rate without a legitimate purpose.

You must maintain your own internal do-not-contact list and honor every do-not-contact request. For telemarketing or solicitation, you are responsible for scrubbing against the National Do-Not-Call Registry and any applicable state do-not-call lists, and for honoring company-specific and wireless do-not-contact obligations, except where a recognized exemption applies and you can document it.

Phone numbers are frequently reassigned to new users. You are responsible for using reasonable measures to avoid messaging a person who never consented — including periodically validating your contacts and using available reassigned-number resources — and you must treat any “wrong number” or “you have the wrong person” reply as an immediate opt-out.

You may not send, or use the Service in connection with, messages that promote, facilitate, or relate to content prohibited by Carriers or law. This includes, without limitation, the categories commonly referred to as “SHAFT” and others:

• Sex or adult content; hate speech or content that is harassing, violent, profane, or discriminatory;
• Alcohol, and tobacco, vaping/e-cigarettes, cannabis, CBD, or other controlled substances;
• Firearms, ammunition, weapons, fireworks, or related accessories;
• illegal products, services, or activity of any kind;
• gambling, lotteries, sweepstakes, or contests, except where lawful and fully compliant with Carrier rules;
• high-risk or deceptive financial offers — such as payday or short-term loans, debt collection, debt relief or forgiveness, credit repair, tax relief, or get-rich-quick / “guaranteed money” schemes — except in strict compliance with applicable law and Carrier rules;
• phishing, fraud, deceptive marketing, malware, or links that conceal or misrepresent their destination; or
• any content that violates a Carrier’s messaging rules or that we reasonably determine creates risk for the platform or other users.

You also may not:

• send unregistered, “snowshoe,” or filter-evading traffic — including spreading similar messages across many numbers, rotating numbers or content to evade Carrier controls, or using a number or Brand for a business or use case it was not registered for;
• share, resell, or sublicense your number, Brand, or Campaign to any other business, or send on behalf of a third party;
• use public or shared URL shorteners; use a dedicated or branded link domain instead;
• send before your registration is approved, exceed your registered use case, or send at a volume or throughput intended to overwhelm Recipients or Carrier controls; or
• take any action designed to evade message filtering, opt-out processing, complaint detection, or registration requirements.

U.S. business text messaging must be registered with Carriers before it can be delivered reliably. To use text messaging, you must provide your accurate and current business identity (including your legal business name and tax identification number/EIN, or eligible sole-proprietor details), business website and contact information, and a truthful description of how you will use messaging, including your Consent practices and representative sample messages. We facilitate this registration on your behalf, but the registration is yours — you are the registered business and sender. You may not send messages before your registration is approved, you may not operate outside your registered use case, and you may not misrepresent your identity, your use case, or your Consent practices in any registration. You must keep your registration information accurate and update it promptly when it changes.

Carriers control message delivery and may filter, throttle, block, suspend, or de-register messaging, numbers, Brands, or Campaigns at their discretion, including for content, complaint rates, or registration issues. We do not control and do not guarantee message delivery, speed, throughput, or that a number, Brand, or Campaign will be approved or remain in good standing. Registered throughput and volume limits depend on your registration and Carrier determinations.

You must create and retain records sufficient to demonstrate Consent and opt-out compliance for each Recipient, for as long as required by law. On reasonable request, you must provide those records and any related information to us, to Carriers, or to regulators, and you must cooperate with any audit, inquiry, or investigation relating to your messaging.

Carriers and their registration partners may impose fees, surcharges, filtering, throttling, blocking, de-registration, or financial penalties for messaging that violates their rules or the law. Any such penalties, fees, fines, or charges arising from your messaging or registration are your responsibility, and we may charge or pass them through to you, in addition to any usage charges. You are responsible for keeping your prepaid balance and payment method sufficient to cover your messaging and any such amounts.

We may monitor for compliance and may, at our discretion and without prior notice, throttle, pause, suspend, or terminate messaging or account access that we reasonably believe violates this Policy, the law, or Carrier rules — including automatically pausing messaging that shows high opt-out or complaint rates, or that a Carrier flags. We may also remove content, withhold or claw back disputed amounts, report violations to Carriers or authorities as required or appropriate, and reclaim or de-register a messaging number, Brand, or Campaign on suspension or cancellation. These remedies are in addition to any others available to us under the Terms or at law.

Contacting property owners, prospective sellers, or other consumers who have not opted in to receive your messages — including cold outreach to skip-traced, public-record, or purchased contact information — carries significant legal risk under the TCPA, the Do-Not-Call rules, and state law, and can result in substantial statutory penalties and Carrier action. You are solely responsible for ensuring you have the Consent required by law before any such outreach. Do not use the Service to send messages to people who have not given you the required Consent. The presence of a feature that surfaces, imports, or scores contacts does not authorize messaging them.

You are solely responsible for your messaging and for the Consent and data of the people you contact. You agree to defend, indemnify, and hold harmless DispoStack and its owners, officers, employees, and agents from and against any claims, demands, damages, liabilities, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or related to your communications, your Recipients, your violation of this Policy or any law, Carrier rule, or industry standard, or your registration representations, as further described in our Terms of Service.

The messaging features are provided “as is” and “as available.” To the maximum extent permitted by law, DispoStack disclaims all warranties regarding message delivery, deliverability, or registration outcomes, and is not liable for Carrier actions, delivery failures, registration delays or denials, or any consequence of your legal noncompliance. Our aggregate liability is limited as set out in the Terms of Service.

We may update this Policy from time to time; material changes take effect as described in our Terms, and your continued use after a change constitutes acceptance. This Policy is incorporated into and governed by our Terms of Service; in the event of a conflict, the Terms govern except where this Policy is more specific. Questions about this Policy, or to report a violation: legal@dispostack.com.