In certain regions, you may be required to publish SMS-specific terms of service and a privacy policy in order to send text messages to your members. This may be required for compliance with carrier rules and requirements and/or other applicable laws and regulations. These terms are separate from your general terms and conditions, and they need to be available to members at the time they opt in to receive SMS messages. They should cover what kinds of messages you send, how often, how someone stops receiving them, and how their consent data is handled.
SMS Terms of Service and Privacy Policy Template (optional)
We've put together the example below as a starting point. You may copy it into the fields and edit it to match how your business uses SMS, or use your own content. Note that this example is provided as-is and is not legal advice. You are responsible for ensuring your compliance with applicable laws and requirements, including making sure your SMS program meets the laws, carrier requirements, or regulations that apply to your business. Review the wording with your own legal counsel and adjust it as necessary before you publish it.
[branch_name]
SMS Terms of Service
1. Program description
By opting in, you agree to receive recurring SMS text messages from [branch_name] ("we," "us," or
"our") at the mobile number provided.
There are 2 different programs you can opt in:
- Marketing SMS (Promotions & Sales): Think of this as anything designed to sell, promote, or encourage
a purchase. Examples: Special deals, discount codes, and abandoned cart reminders.
- Transactional & Informational SMS (Need-to-Know Info): Think of this as helpful, non-promotional
updates that keep the user informed about something they are already doing with us. Examples:
Shipping alerts, account updates, billing/payment notices, and event reminders.
2. Message frequency and rates
Message frequency varies. Message and data rates may apply.
3. How to opt out
You can cancel this SMS service at any time by texting STOP. After you send "STOP," we will send you a
confirmation text message, and you will no longer receive SMS messages from us.
4. How to get help
Reply with the keyword HELP for assistance, or contact us at [branch_email].
5. Carrier liability
Carriers are not liable for delayed or undelivered messages.
6. Privacy policy
See the SMS Privacy Policy below for how we handle your information in connection with this program.
SMS Privacy Policy
This SMS Privacy Policy applies only to mobile opt-in information collected by [branch_name] for this
SMS messaging program.
Text messaging originator opt-in data and consent will not be shared with any third parties, excluding
aggregators and providers of the text message services necessary to deliver these messages.
Questions about this policy can be directed to [branch_email].
Powered by ABC Fitness Solutions on behalf of [branch_name].
Where to Set This Up
You'll find the SMS terms of service and privacy policy fields in Settings > Forms. Fill them in and save. A dedicated link then appears in your web portal, so members can read the terms as they register and give consent.
Stricter Opt-In Reviews
Your opt-in flow (web forms, keywords, IVR, etc.) should meet the messaging and consent requirements that apply in the regions where you're sending. Opt-in should never be pre-selected or bundled as a condition of an unrelated service.
Depending on your region, your opt-in flow may need to include disclosures such as:
- Brand name and the types of messages the recipient will receive
- Message and data rate disclosure (e.g., "Message and data rates may apply")
- Message frequency (e.g., "Message frequency varies")
- HELP instructions (e.g., "Reply HELP for help")
- STOP/opt-out instructions (e.g., "Reply STOP to opt-out")
- A visible link to your SMS Terms & Conditions
- A visible link to your Privacy Policy (if separate from your T&Cs)
Since rules differ by market, it's your responsibility to confirm which requirements apply where you're sending and to keep your opt-in copy accurate for those regions.