Messaging Service Terms

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These Messaging Service Additional Terms (“Additional Terms”) supplement the Amplifire Pricing Schedule (“Schedule”) and are governed by the Amplifire Master Services Agreement (“MSA”). By using the Messaging Services provided by Amplifire, Customers agree to comply with the following terms, which mirror the compliance obligations established by Amplifire through its carriers and affiliates.

1. Definitions

1. Amplifire: Refers to Amplifire, Inc, acting through its carriers and affiliates to provide Messaging Services.
2. Customer: Refers to the Amplifire Partner utilizing the Messaging Services in accordance with these Additional Terms.
3. Messaging Services: Includes SMS and MMS messaging capabilities provided to the Customer, covering use cases such as customer support, alerts, marketing, and other      specified functions in compliance with regulatory and carrier guidelines.

2. Scope and Compliance Obligations

Customers must ensure compliance with all relevant laws, regulations, and industry standards, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and CTIA guidelines. Core requirements include:

• Prohibited Content: Messaging must not contain any prohibited content as defined      by Amplifire, its carriers, and affiliates, such as SHAFT-C content (sex, hate, alcohol, firearms, tobacco, and controlled substances), deceptive information, and any other restricted content outlined in Amplifire’s compliance documentation.
• Opt-in and Consent: Customers must secure explicit, documented consent from      recipients before sending messages. Consent must be clear and obtained for each specific message type, and opt-in records must be securely stored and available upon request.
• Opt-out Mechanisms: Each message must include a clear opt-out option (e.g., "Reply STOP to unsubscribe"). Customers must promptly honor all opt-out requests and avoid any further communication with recipients who have opted out.
• Message Integrity and Purpose: Customers are responsible for ensuring messages      reflect the actual purpose of the campaign and that all messaging is consistent with the declared attributes. Misrepresentation may result in service suspension.

3. Message Content and Attributes

Customers must verify that all message content accurately aligns with the registered campaign attributes and declared purposes:

• Campaign Description: The purpose of each campaign must be described clearly and accurately to avoid misunderstandings during the approval process.
• Sample Messages: Customers are required to submit sample messages that reflect the actual intended content of the campaign, including any necessary opt-out information.
• Content Accuracy: Customers must review content for accuracy and ensure that it complies with all regulatory and carrier requirements to maintain service integrity and avoid penalties.

4. Liability and Indemnification

Customers assume full responsibility for compliance with these Additional Terms. Amplifire will not be liable for any penalties, damages, or claims arising from a Customer’s non-compliance.

• Indemnification: Customers agree to indemnify, defend, and hold Amplifire harmless against any claims, damages, or losses stemming from non-compliance with these Additional Terms or any applicable laws and regulations.
• Remediation and Penalties: Any penalties, fines, or fees imposed due to violations by the Customer or their Customers will be directly passed through to the Customer, with prompt corrective action required. It is the Customers responsibility to collect such fees from their Customers.

5. Termination and Suspension

Amplifire reserves the right to suspend or terminate Messaging Services for any Customer or Customer found in violation of these Additional Terms or applicable regulatory requirements. Where possible, Amplifire will provide notice of suspension or termination, allowing the Customer an opportunity to address the issue.

6. Pass Through Fees

Customers acknowledge and agree that any fees or penalties assessed by operators or The Campaign Registry (TCR) for the use of Messaging Services will be the responsibility of the Customer and, where applicable, their Customers. These fees are immediately passed through to the Customer and will be added to their account. It is the Customer’s responsibility to ensure compliance with all applicable guidelines to avoid such fees.

7. Updates to Additional Terms

Amplifire reserves the right to amend these Additional Terms as necessary to reflect updates in regulatory or carrier requirements. Customers will be informed of any changes and are responsible for reviewing and complying with the updated terms.