Terms of Service

Terms of Service and Privacy Policy

Blamotech SMS/MMS Policies

SMS/MMS Principles:

Communications display a clear call-to-action so that end users are made aware of what exactly they are signing up to receive.
End User offers have clear opt-in mechanisms. Customers consent clearly to opt into all recurring-messages programs. Customers will understand they will receive messages and consent to receive them.
Send opt-in confirmation messages. A confirmation message must be sent to customers always.
Acknowledge opt-out requests. Blamotech acknowledges and acts on all opt-out requests. Monitoring procedures confirm successful opt-out.
Blamotech participates in “Single-Message Programs”. Single-message programs, or “one-off” programs, deliver a one-time message in response to user opt-in requests.
Blamotech programs are not used to collect phone numbers that will be shared, sold, or misused. Only the business or organization that the consumer originally initiated a communication with will use the phone number provided as a means to communicate with the consumer.
Blamotech Messaging programs comply with all legal and regulatory requirements, including the Telephone Consumer Protection Act, 47 U.S.C. § 227, and the Federal Communication Commission’s rules under 47 C.F.R. § 64.1200.

Choice and Consent

Short code programs deliver sufficient value so consumers elect to participate with full transparency into the delivery conditions.

Unsolicited Messages

Unsolicited messages are not transmitted using short codes. Unsolicited messages are defined as follows:

Messages delivered without prior express consent from the user or account holder.
Messages sent after a user has opted out.

Marketing Context

No component of program advertising or messaging is deceptive about the underlying program’s functionality, features, or content. All disclosures present in pre-purchase calls-to-action, advertisements, terms and conditions, and messages remain clear and consistent throughout the user experience.

Opt-In

Messages are delivered to a consumer’s mobile device only after the user has opted in to receive them. A user might indicate interest in a program in several ways. For example, a user might

Enter a phone number online.
Click a button on a mobile webpage.
Send an MO message containing an advertising keyword. *Sending the user a single opt-out message acknowledging the opt-out request is the only exception to this rule.*
Sign up at a point-of-sale (POS) location.
Opt in over the phone using interactive voice response (IVR) technology.

Calls-to-action are clear and accurate; consent is not obtained through deceptive means. The opt-in confirmation message is delivered immediately after the customer opts into the program. The opt-in for all short code programs complies with all legal and regulatory requirements, including the Telephone Consumer Protection Act, 47 U.S.C. § 227, and the Federal Communication Commission’s rules under 47 C.F.R. § 64.1200.

By opting in, the user authorizes the seller to deliver or cause to be delivered to the user marketing messages using an automatic telephone dialing system; and
The user is not required to opt in (directly or indirectly) as a condition of purchasing any property, goods, or services.

Opt-Out

Blamotech acknowledges and respects customers’ requests to opt out of programs. However, depending on the use case, some short code programs are not required to advertise opt-out instructions. Blamotech short code programs respond to the universal keywords STOP, END, CANCEL, UNSUBSCRIBE, and QUIT by sending an opt-out message and does not send additional messages thereafter. Subsequent text, punctuation, capitalization, or some combination thereof does not interfere with opt-out keyword functionality. Opt-out information is displayed on the advertisement. Blamotech delivers one final message to confirm a user has opted out successfully, but no additional messages will be sent after the user indicates a desire to cancel a short code program.

Customer Care

Customer care contact information is displayed clearly and readily available to help end users understand program details as well as their status with the program. Customer care information results in end users receiving help. Blamotech programs respond to customer care requests, regardless of whether the requestor is subscribed to the program. The HELP keyword returns the program name and further information about how to contact service providers. Short code programs promote customer care contact instructions at program opt-in and at regular intervals in content or service messages, at least once per month.

Blamotech Program Content

All content associated with short code programs must promote a positive user experience. Carriers regulate certain types of content, including those listed in this section.

Unapproved or Illicit Content

Blamotech programs do not promote unapproved or illicit content, including the following:

Depictions or endorsements of violence.
Adult or otherwise inappropriate content,
Profanity or hate speech.
Endorsement of illegal or illicit drugs.

Blamotech programs operate according to all applicable federal and state laws and regulations. All content is appropriate for the intended audience. Additional legal and ethical obligations apply when marketing to children under age 13, and such programs might be subject to additional review by carriers.

Controlled Substances

Promotions of controlled substances might be subject to additional review by carriers. Blamotech must receive explicit carrier approval before launching these program types. Marketing of hard alcohol and tobacco brands will either include robust age verification (e.g., electronic confirmation of age and identity) at opt-in or restrict promotions to age-verified locations (e.g., points of sale in bars). Blamotech programs do not promote the use of controlled substances directly.

Content Delivery

Users are informed of the next steps to download and store new content immediately after opt-in. Content is delivered correctly and functions as advertised.

Blamotech protects the privacy of user information and complies with applicable privacy law. When a privacy policy link is displayed, it is labeled clearly. Use cases might require different disclosures in the full terms and conditions. In all cases, terms and conditions and privacy policy disclosures provide up-to-date, accurate information about program details and functionality.

Program Name and Product Description

Consistent program names and product descriptions in advertisements and messages help consumers connect all parts of the short code experience. Short code programs disclose program names, product description, or both in service messages, on the call-to-action, and in the terms and conditions. The program name is the sponsor of the short code program, often the brand name or company name associated with the short code. The product description describes the product advertised by the program.

Customer Records

All opt-in and opt-out requests are retained from the time a user initiates opt-in until a minimum of six months after the user has opted out of a program. Blamotech assumes responsibility for managing information about deactivated and recycled mobile phone numbers and processes this information within three business days of receipt. After porting a mobile phone number between carriers, the user must opt in again to desired programs. Blamotech tracks opt-in information by individual users. Blamotech does not sell mobile opt-in lists.

MO Message Processing

All mandatory keywords are processed correctly, regardless of MO message format (e.g., keywords must function whether sent by MMS or SMS). Blamotech scans MO message logs regularly to identify optout attempts and must terminate those subscriptions, regardless of whether the subscribers used the correct opt-out keywords or methods.

SMS/MMS Programs

SMS/MMS programs are subject to the same requirements per use case as SMS short code programs.

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