PLAN CALCULATOR
$--/m
--
--
--
$--
--
$--
SMS RATES
Select a country below
Get Started with SuperPhone
Something went wrong. Please check your mobile and try again.

Thank you! Please check your messages for a text from Ryan, our CEO.

Compliance

Introduction to SMS & MMS Marketing Compliance

This guide was created for users with Shopify stores to ensure their text message marketing campaigns adhere to U.S. laws and regulations, including the Telephone Consumer Protection Act (TCPA). 

Before using SuperPhone to send text messages to your customers about your Shopify store, the following questions need to be answered:

  1. Has research and review of all laws, regulations, and guidelines encompassing text message marketing, including the Telephone Consumer Protection Act (TCPA) and the corresponding Cellular Telecommunications and Internet Association (CTIA) guidelines been done? 
  2. Has my Shopify store enacted a Terms of Service Agreement and a Privacy Policy encompassing the use of SuperPhone to carry out SMS and MMS marketing campaigns?
  3. Has each of my customers given Telephone Consumer Protection Act (TCPA) compliant written consent, which states they acknowledge and agree to receive automated text marketing messages from my Shopify store?  

The sections below will explain the contents of these questions in greater detail. 

SMS & MMS Marketing Regulations

The Telephone Consumer Protection Act (TCPA) regulates how businesses can use SMS and MMS marketing in the United States to interact with their customers. It is the user’s responsibility to understand and comply with the Telephone Consumer Protection Act (TCPA) and the corresponding Cellular Telecommunications and Internet Association (CTIA) guidelines relating to their industry before using SuperPhone to send text marketing messages to their customers.

In summary, the Telephone Consumer Protection Act (TCPA) states that: Consumers have the right not to receive unsolicited marketing communications via SMS, and companies should not send consumers automated SMS marketing messages unless they have obtained a consumer’s prior “express written consent.”

Automated messages may be sent out to a customer only after they have provided prior “express written consent” as stated in the Telephone Consumer Protection Act (TCPA). This encompasses using text messaging keywords to gather consent electronically. In any case, the minimum consent received must express explicit language for each and every element identified below, indicating that the customer acknowledges and agrees: 

  • To receive consistent automated text marketing messages on the customer’s mobile phone number.
  • That these text marketing messages could be associated with the use of an Automatic Telephone Dialing System (ATDS).
  • This consent should not imply a condition of purchase in any way.

This consent received is necessary as federal law states that is it the responsibility of the one sending the messages to prove that the customer provided “express written consent” to receive text marketing messages in the event of a litigation.

Shown below is an example of Telephone Consumer Protection Act (TCPA) and Cellular Telecommunications and Internet Association (CTIA) compliant language that should be incorporated when is customer is given the option to consent to receive text marketing messages: 

I agree to receive recurring automated text messages at the phone number provided. Consent is not a condition to purchase. Message & data rates may apply. Message frequency varies. Reply STOP to unsubscribe. Reply HELP for help. View our Terms of Service and Privacy Policy for details.

Updating Your Terms of Service

Shown below is an example Terms of Service agreement that users may edit to use for their own store. Ensure your SuperPhone subscribers are subject to a binding Terms of Service Agreement and Privacy Policy. Be sure to have perused the SMS & MMS Marketing Regulations beforehand. 

Disclaimer: We encourage users to consult their own legal counsel to review the Telephone Consumer Protection Act (TCPA) guidelines and before settling on a Terms of Service and Privacy Policy. We make no representation and warranty regarding their accuracy and no attorney-client relationship is created by providing these agreements. 

The steps to update your Terms of Service in Shopify are as follows: Settings → Legal → Terms of Service. To start from scratch, click “Create from template” and edit the given Terms of Service with the proper information for your store. 

Edit the Terms of Service given below with your store information, then paste into the Terms of Service section in Shopify. Be sure to paste as an additional section to your current Terms of Service. Publish your Terms of Service by clicking “Save” at the bottom of the page. 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

[COMPANY LEGAL NAME] (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [COMPANY’S CUSTOMER SERVICE EMAIL ADDRESS]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Disruptive Multimedia, Inc d/b/a SuperPhone or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in [COMPANY’S CITY, STATE] before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which [COMPANY NAME]’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Updating Your Privacy Policy

Shown below is an example Privacy Policy that users may edit to use for their own store. Ensure your SuperPhone subscribers are subject to a binding Terms of Service Agreement and Privacy Policy. Be sure to have perused the SMS & MMS Marketing Regulations beforehand. 

Disclaimer: We encourage users to consult their own legal counsel to review the Telephone Consumer Protection Act (TCPA) guidelines and before settling on a Terms of Service and Privacy Policy. We make no representation and warranty regarding their accuracy and no attorney-client relationship is created by providing these agreements. 

The steps to update your Privacy Policy in Shopify are as follows: Settings → Legal → Privacy Policy. To start from scratch, click “Create from template” and edit the given Privacy Policy with the proper information for your store.

Edit the Privacy Policy given below with your store information, then paste into the Privacy Policy section in Shopify. Be sure to paste as an additional section to your current Privacy Policy. Publish your Terms of Service by clicking “Save” at the bottom of the page.

SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact us at the following address:

[INSERT COMPANY NAME]

[INSERT COMPANY ADDRESS]

[INSERT COMPANY EMAIL ADDRESS]

This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.

Receiving Consent To Send Messages At Checkout

Reminder: Ensure your Terms of Service and Privacy Policy have been edited with your store’s information and published on Shopify before continuing. 

As previously stated in the SMS & MMS Marketing Compliance Introduction, customers must provide “express written consent” before receiving text marketing messages regarding your Shopify store. The steps to be completed are as follows: 

  1. Request the customer to sign up for text marketing messages.

  2. Explain to the customer that the text marketing messages received will be Telephone Consumer Protection Act (TCPA) compliant. “Express written consent” given will state they acknowledge and agree:
    1. To receive consistent automated text marketing messages on their mobile phone number.
    2. That these text marketing messages could be associated with the use of an Automatic Telephone Dialing System (ATDS).
    3. That this consent should not imply a condition of purchase in any way. 
  3. Request the customer to provide their mobile phone number to receive text marketing messages. 

Start by updating your Shopify marketing sign-up option to be visible for a customer at checkout. The steps are as follows: Settings → Checkout → Email Marketing. Enable “Show a sign-up option at checkout” by checking the box. Ensure the “Preselect the sign-up option” box is left empty. Publish these changes by clicking “Save” at the bottom of the page. 

Next, the marketing sign-up language needs to be updated to specify that customers will receive text marketing messages from you. The steps are as follows: Settings → Checkout → Checkout Language. Click “Manage checkout language.” Find the “Checkout marketing” section and paste in the “Accept marketing checkbox label” text box the text below. Publish these changes by clicking ”Save” at the top of the page.

I agree to receive recurring automated text messages at the phone number provided. Consent is not a condition to purchase. Message & data rates may apply. Message frequency varies. Reply STOP to unsubscribe. Reply HELP for help. View our Terms of Service and Privacy Policy for details.

Lastly, a field to collect the customer’s phone number must be set up. The steps are as follows: Settings → Checkout → Form Options. In the “Shipping address phone number” section select “Required.” Publish these changes by clicking “Save” at the bottom of the page. 

To further confirm consent, a SMS-specific label must be added to the phone field. The steps are as follows: Settings → Checkout → Checkout Language. Click “Manage checkout language.” Find the “Phone label” section and paste in the text box the text below. Publish these changes by clicking ”Save” at the top of the page.

Phone – exclusive offers (per checkbox above)

Below is an example of how the checkout should look:

Including Opt-Out Language in Messages

In accordance with the Telephone Consumer Protection Act (TCPA), an opt-out process must be present. If a customer requests to be removed from your text message marketing campaign, they must be removed accordingly. 

SuperPhone allows for SMS subscribers to opt-out of text marketing messages at any given time by replying “STOP.” The first message sent to a subscriber must include this opt-out language: 

Reply STOP to unsubscribe 

The following language stated above does not need to be included in every text message sent. However, we recommend that it be included in the following situations:  

  • The first text message marketing campaign sent to your subscribers.
  • The first automated text message that has been sent.

Customers that have replied “STOP” to opt-out of text marketing messages are able to opt-in by replying “START” at any given time. This information is stated in the opt-out confirmation text message sent when a customer replies “STOP.”

Data Security & Compliance

In accordance with the Telephone Consumer Protection Act (TCPA), an opt-out process must be present. If a customer requests to be removed from your text message marketing campaign, they must be removed accordingly.