Once you’ve reviewed the TCPA legislation and CITA guidelines, and are happy that you fully understand them, you should update your Terms of Service and Privacy Policy to include a section about SMS/MMS marketing and ensure your subscribers have indicated their acceptance and understanding of them.
You’ll find below some optional end user model agreements that you can use for your Shopify store.
Disclaimer: Please note that these model agreements are for guidance only. We cannot make a guarantee in terms of their accuracy. They have not been prepared by legal experts and we suggest you consult with a legal professional who is an expert in telecommunications law before using them within your Terms of Service and Privacy Policy.
Visit your Shopify Admin to update your Terms of Service. It can be found via Settings > Legal. Providing you’re happy with the text below, you can copy and paste it as an additional section to your Terms of Service. Replace the text in brackets with your Shopify store details.
SMS/MMS MOBILE MARKETING MESSAGE PROGRAM TERMS AND CONDITIONS
[LEGAL STORE NAME] (hereinafter, “We,” “Us,” “Our”) is providing a mobile message program (the “Program”), which you (the User) agree to participate in and use subject to these SMS/MMS Marketing Message Program Terms and Conditions and Privacy Policy (the “Agreement”). If you opt into or participate in the Program, you accept and agree to these Terms and Conditions, and agree, without limitation, to resolve any disputes, should they arise, with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section of these Terms and Conditions. This Agreement is purely limited to the Program and shall not replace or modify any other Terms and Conditions or Privacy Policy that exists between you and Us for other purposes.
User opt-in: Users will receive SMS/MMS marketing messages after explicitly opting into the Program, through online or app-based signup forms. When you opt-in to the Program, regardless of the method used to signup, you agree that this Agreement pertains to your involvement in the Program. Through participating in the Program, you consent to receive prerecorded or autodialed marketing mobile messages directly to the phone number you gave during opt-in. You understand that by giving your consent, you are not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the aforementioned shall not be interpreted to indicate or infer that any or all of Our mobile messages are sent using an autodialer or ATDS (automatic telephone dialing system). Note that message and/or data fees may apply.
User opt-out: Should you no longer agree to this Agreement or want to stop your participation in the Program for any reason, you may opt-out. You agree to opt-out of the Program by replying to any mobile message from us with one of these words: STOP, UNSUBSCRIBE, CANCEL, QUIT or END. You also agree that you may receive a confirmation mobile message after opting-out to confirm your decision. You agree and understand that the aforementioned options are the only acceptable methods of opting out. You also agree and understand that opting out by any other method, including but not limited to, texting words other than those set out above or verbally asking one of our employees to manually remove you from our database, is not an acceptable means of opting out.
Duty to notify and indemnify: Should you stop using the mobile telephone number you used when subscribing to the Program for any reason, including transferring the number to another party or canceling your mobile service plan, you agree to notify Us immediately. You must notify Us prior to ending your use of the mobile number by complying with the User opt-out process highlighted above. You understand and confirm that your agreement in this respect is an important part of these Terms and Conditions. Furthermore, you agree that if you stop using your mobile telephone number without notifying Us first, you understand and agree that you will be responsible for any and all costs (including legal fees) and liabilities incurred by Us, or any third-party involved in the delivery of the mobile messages, that arise as a result of a claim(s) brought by the person(s) who take on that mobile telephone number. You agree that even in the event that you cancel or terminate your participation in the Program, this duty and agreement will survive.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM A FAILURE ON YOUR PART TO NOTIFY US OF ANY CHANGE IN THE DETAILS YOU HAVE PROVIDED, INCLUDING ANY LIABILITY OR CLAIM UNDER THE TELECOMMUNICATIONS CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS ANNOUNCED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program description: Without restricting the scope of the Program, users that opt into the Program can expect to receive messages relating to the marketing and sale of [INSERT YOUR STORE’S GOODS/SERVICES OFFERED INCLUDING A GENERAL STATEMENT OF THE TYPE OF MESSAGES SUBSCRIBERS CAN EXPECT TO RECEIVE. MESSAGES OUTSIDE OF THIS SCOPE MAY NOT BE PERMITTED UNDER TCPA LAW].
Frequency and cost: The Program includes recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. You understand that message and data rates may apply.
Support instructions: For help regarding the Program, text the word “HELP” to the number you’ve received messages from. Alternatively, email us at [YOUR STORE’S CUSTOMER SERVICE EMAIL ADDRESS]. Note that this email address cannot be used for opting out of the Program. Opt outs can only be submitted in accordance with the procedures outlined in the User opt-out section of these Terms and Conditions above.
MMS disclosure: If your mobile device does not support MMS messaging, the Program will send TMs (Terminating Messages) by SMS.
Our disclaimer of warranty: The Program is offered on an "as-is" basis. It may not carry on working should any product, coverage or software changes be made by your wireless carrier. Note that the Program may not be available at all times in all areas. We are not liable for any failures or delays concerning the receipt of any mobile messages connected with this Program. The delivery of mobile messages is outside of Our control as it relies on the effective transmission from your wireless service carrier. T-Mobile is not liable for delayed or undelivered mobile messages.
User requirements: To participate in the Program, you must have a wireless device of your own that can provide two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all phone providers will offer the service necessary to participate. Check your phone’s functionality and capabilities for specific text messaging instructions.
User age restriction: Users under thirteen (13) years of age may not use or engage with the Platform. If you 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 engage with or use the Platform. By using or engaging with the Platform, you agree and acknowledge that you are not aged below 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 state or jurisdiction. You also acknowledge and agree that by using or engaging with the Platform, you are legally permitted by the Applicable Law of your jurisdiction to use and/or engage with the Platform.
Prohibited content: You agree and acknowledge that you will not send any prohibited content over the Platform. Prohibited content includes:
Any libelous, defamatory, fraudulent, threatening, harassing, scandalous or stalking activity;
Offensive or malicious content, including obscenity, voilence, profanity, lasciviousness, hatred, profanity and any type of discrimination, including sex, race, religion, disability, sexual orientation, nationality or age;
Pirated computer software, malware or other viruses, worms, Trojan horses, or other damaging code;
Any product, promotion or service that is unlawful where such product, promotion or service thereof is received;
Any reference or indication to 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: Should a dispute, claim, or controversy arise between you and Us, or between you and Firepush Ltd. 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 [STORE OWNER’S CITY, STATE] before one arbitrator.
Each party agrees 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 requirement in terms of experience and knowledge. 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.
Misc: You warrant and represent to Us that you hold all necessary power, rights and authority to agree to these Terms and Conditions and perform your obligations hereunder, and that nothing detailed 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, updates, changes 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 as necessary 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 keep informed of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
After you’ve copied and pasted the above text into your Terms and Conditions, click on the Save button at the top of the page to ensure these changes are saved. Afterward, be sure to update your Privacy Policy.