Clients Consistently Acceptable Use Policy

This Acceptable Use Policy (the “Policy”) sets out rules applicable to your use of Clients Consistently Inc. (“Clients Consistently,” “we,” “us,” or “our”) Services and Clients Consistently Technology, including via our clients’ websites and/or platforms (the “Services”). The examples described in this Policy are not exhaustive.

We may suspend, terminate, or take other interim actions regarding your access to or use of the Services if, in our sole judgment, we believe you, directly or indirectly, violated this Policy or authorize or help others to do so.

We may modify this Policy from time to time by posting a revised version on our Website. By using the Services, you agree to the latest version of this Policy.

General Policies/Requirements

We all expect that the messages and communications we want to send and receive will reach the intended recipient(s), unhindered by filtering or other blockers. An important step you can take to make that expectation a reality is to prevent unwanted communications by only sending messages and communications that comply with applicable laws and communications-industry guidelines/standards. To that end, all communications originating from your use of the Services (including but not limited to SMS, MMS, webchat, voice, and similar messaging channels available through the Services) are subject to, and must comply with this Policy, which sets out certain rules and/or prohibitions regarding: Consent (“opt-in”); Revocation of Consent (“opt-out”); Sender identification; Messaging Usage; Prohibited Content; Filtering Evasion; and Enforcement.

Consent Requirements

Standard Consent Requirements

Prior to sending the first message to an individual, you must obtain agreement from the message recipient to communicate with them — this is referred to as “consent.” You must make clear to the individual they are agreeing to receive messages of the type you’re going to send.

You need to keep a record of the consent, such as a copy of the document or form that the message recipient signed, or a timestamp of when the customer completed a sign-up flow or otherwise provided consent. This record of consent must be retained as set forth by local regulations or best practices after the end user opts out of receiving messages.

If you do not send an initial message to that individual within a reasonable period after receiving consent (or as set forth by local regulations or best practices), then you will need to reconfirm consent in the first message you send to that recipient.

The consent applies only to you, and to the specific use that the recipient has consented to. Consent can’t be bought, sold, or exchanged. For example, you can’t obtain the consent of message recipients by purchasing a phone list from another party. You also can’t treat it as blanket consent allowing you to send messages from other brands or companies you may have, or additional messages about other uses for which you haven’t received consent.

Alternative Consent Requirements

While consent is always required and the consent requirements noted above are generally the safest path, there are two scenarios where consent can be received differently.

Contact Initiated by an Individual

If an individual sends a message to you, you may respond in an exchange with that individual. For example, if an individual texts your phone number asking for your hours of operation, you can respond directly to that individual, relaying your open hours. In such a case, the individual’s inbound message to you constitutes both consent and proof of consent. Remember that the consent is limited only to that particular conversation. Unless you obtain additional consent, don’t send messages that are outside that conversation.

Informational Content to an Individual Based on a Prior Relationship

You may send a message to an individual where you have a prior relationship, provided that individual provided their phone number to you, has taken some action to trigger the potential communication, and has not opted out or otherwise expressed a preference to not receive messages from you.

Actions can include a button press, alert setup, appointments, or order placements. Examples of acceptable messages in these scenarios include appointment reminders, receipts, one-time passwords, order/shipping/reservation confirmations, drivers coordinating pick-up locations with riders, and repair persons confirming service call times. The message can’t attempt to promote a product, convince someone to buy something, or advocate for a social cause.

Periodic Messages and Ongoing Consent

If you intend to send messages to a recipient on an ongoing basis, you should confirm the recipient’s consent by offering them a clear reminder of how to unsubscribe from those messages using standard opt-out language (defined below). You must also respect the message recipient’s preferences in terms of frequency of contact. You also need to proactively ask individuals to reconfirm their consent as set forth by local regulations and best practices.

Identifying Yourself as the Sender

Every message you send must clearly identify you (the party that obtained the opt-in from the recipient) as the sender, except in follow-up messages of an ongoing conversation.

Opt-out

The initial message that you send to an individual needs to include the following language: “Reply STOP to unsubscribe,” or the equivalent using another standard opt-out keyword, such as STOP, STOPALL, UNSUBSCRIBE, and QUIT.

Individuals must have the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, you may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are not allowed. An individual must once again provide consent before you can send any additional messages.

Prohibited Content

You agree that you will not use the Services, or encourage, promote, facilitate, or instruct others to use the Services, to send messages that contain, offer, promote, reference, or link to any information or content related to any of the following:

  • Solicitations or Advertising: Any messages, communication, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements or otherwise, that are unsolicited or for which you do not have the proper consent from the intended recipient. If you are a Customer of any Clients Consistently Client, this includes using the Services to send any such message, communication, or announcement to a Clients Consistently Client or any other person or entity.
  • Illegal, Harmful, or Fraudulent Activities: Any activities that are illegal, violate the rights of others, or may be harmful to others, our operations, or reputation, including but not limited to offering, promoting, disseminating, or facilitating:
  • Child pornography, child sexual abuse material, or other sexually exploitative content;
  • Fraudulent goods, services, schemes, or promotions;
  • Make-money-fast or “get-rich-quick” schemes (including work-from-home programs, risk investment opportunities, ponzi and pyramid schemes);
  • High-risk financial services (including payday loans, short-term high-interest loans, third-party auto or mortgage loans, student loans, or cryptocurrency);
  • Third-party lead generation services (such as companies that buy, sell, or share consumer information);
  • Debt collection or forgiveness services (including third-party debt collection, debt consolidation, debt reduction, or credit repair programs);
  • Illegal or regulated substances (including, but not limited to, Cannabis, CBD, or offers for (or payment transactions relating to) Prescription Drugs that cannot be sold over-the-counter);
  • Gambling;
  • “SHAFT” use cases (Sex, Hate, Alcohol, Firearms, Tobacco, including vaping-related activities);
  • Phishing or pharming.
  • Infringing Content: Content that infringes on or misappropriates the intellectual property or proprietary rights of others.
  • Offensive Content: Content that is harassing, defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
  • Harmful Content: Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, or otherwise effect a security breach, including viruses, Trojan horses, worms, time bombs, or cancelbots.
  • Evasive Content: Content that is designed to intentionally evade filters, detection, or monitoring (see below).
  • Prohibited Industries: If you are using Clients Consistently’s Payment Services, you may not use the services in conjunction with any activities identified as Prohibited Industries, as defined in your respective Services agreement.
  • Message Abuse; Falsification of Identity or Origin: You will not send messages using spam bots or other similar systems, alter or obscure mail headers, provide false identification, or assume a sender’s identity without the sender’s explicit permission. You will also not create a false identity or attempt to mislead others as to the identity of the sender or the origin of any data or communications.

Content Accuracy and User Responsibilities

While Client’s Consistently strives to provide accurate and up-to-date information on this website, we cannot guarantee that all content is completely free from errors or omissions. By using this website, you acknowledge and agree to the following:

  1. Information Purpose: The content on this website is for general informational purposes only.
  2. No Guarantees: We do not warrant or guarantee the accuracy, completeness, or reliability of any information on this site.
  3. User Responsibility: Users are responsible for:
    • Verifying any information before relying on it
    • Using critical thinking when applying information found on this site
    • Understanding that information may become outdated or contain inaccuracies
  4. Updates and Changes: Information on this site is subject to change without notice. We are not obligated to update any information on our website. There are instances where the published dates of certain blog posts may be inaccurate.
  5. External Sources: Where we rely on external sources, we cannot guarantee their accuracy or completeness.
  6. Non-Liability: Client’s Consistently is not liable for any loss or damage that may arise from your use of, or reliance on, the information provided on this website.
  7. Feedback: We welcome user feedback to help improve the accuracy and quality of our content. If you notice any inaccuracies or have concerns, please contact us at [your contact information].

By continuing to use this website, you agree to accept the potential for inaccuracies and to use the site in accordance with these terms.

Evasion

You may not use the Services to evade Clients Consistently’s (including our subcontractor’s) or a telecommunications provider’s unwanted messaging detection and prevention mechanisms. Examples of prohibited practices include:

  • Content designed to evade detection: As noted above, we do not allow content which has been specifically designed to evade detection by unwanted messaging detection and prevention mechanisms. This includes intentionally misspelled words or non-standard opt-out phrases which have been specifically created with the intent to evade these mechanisms.
  • Snowshoeing: We do not permit snowshoeing, which is defined as spreading similar or identical messages across many phone numbers with the intent or effect of evading unwanted messaging detection and prevention mechanisms.
  • Use of shared public URL shorteners: Where a web address (i.e., Uniform Resource Locator (URL)) shortener is used, you should not use links that have been shortened using shared public URL shorteners like Bitly or TinyURL. If you want to include shortened URLs in your messages, we recommend using a dedicated short domain.
  • Reverse Engineering and Related Restrictions: You will not (a) modify or create a derivative work of the Services or any portion thereof; (b) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to any Services, except to the extent expressly permitted by applicable law and then only upon advance notice to Clients Consistently; (c) break or circumvent any security measures or rate limits for the Services; or (d) remove or obscure any proprietary or other notices contained in the Services, including in any reports or output obtained from the Services.

Our Monitoring and Enforcement

We reserve the right, but do not assume the obligation, to monitor content on and sent through the Services and to investigate any violations of this Policy, or misuse of the Services. We may remove or disable access to any user, content, or resource that violates this Policy or any other agreement we have with you for use of the Services. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We may also cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

Reporting Violations

Clients Consistently Acceptable Use Policy

1. Introduction

This Acceptable Use Policy (“Policy”) governs your use of Clients Consistently Inc. (“Clients Consistently,” “we,” “us,” or “our”) Services and Technology, including those accessed through our clients’ websites and platforms (collectively, the “Services”). This Policy is not exhaustive and may be updated periodically.

By using the Services, you agree to comply with the latest version of this Policy. We reserve the right to modify this Policy at any time by posting a revised version on our Website. Your continued use of the Services after such changes constitutes your acceptance of the revised Policy.

2. Compliance and Enforcement

2.1. We may suspend, terminate, or take other interim actions regarding your access to or use of the Services if, in our sole judgment, we believe you have violated this Policy or authorized or assisted others in doing so.

2.2. We reserve the right to monitor content on and sent through the Services and to investigate any violations of this Policy or misuse of the Services.

2.3. We may remove or disable access to any user, content, or resource that violates this Policy or any other agreement we have with you for use of the Services.

2.4. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information.

2.5. We may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

3. General Policies and Requirements

3.1. All communications originating from your use of the Services (including but not limited to SMS, MMS, webchat, voice, and similar messaging channels) must comply with this Policy.

3.2. You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and industry standards in the jurisdictions where you operate or where your messages are received.

4. Consent Requirements

4.1. Standard Consent Requirements

a) Prior to sending the first message to an individual, you must obtain explicit consent from the message recipient.
b) You must clearly communicate the type of messages the individual is agreeing to receive.
c) You must maintain records of consent, including the method and date of consent acquisition.
d) Consent records must be retained for the duration specified by local regulations or best practices after the end user opts out.
e) If you do not send an initial message within a reasonable period after receiving consent, you must reconfirm consent in the first message.
f) Consent is specific to you and the particular use case for which it was obtained. It cannot be bought, sold, or exchanged.

4.2. Alternative Consent Requirements

a) Contact Initiated by an Individual: You may respond to an individual who initiates contact, limited to that particular conversation.
b) Informational Content Based on Prior Relationship: You may send informational messages to individuals with whom you have a prior relationship, provided they have not opted out and the message is directly related to the relationship.

4.3. Periodic Messages and Ongoing Consent

a) For ongoing communications, you must periodically remind recipients of their opt-out options.
b) You must respect recipients’ preferences regarding message frequency.
c) You must proactively request consent reconfirmation as required by local regulations and best practices.

5. Sender Identification and Opt-Out Procedures

5.1. Every initial message must clearly identify you as the sender.

5.2. Initial messages must include standard opt-out language (e.g., “Reply STOP to unsubscribe”).

5.3. You must honor opt-out requests immediately and may send only one final confirmation message.

5.4. You must maintain and regularly update your opt-out list to ensure compliance.

6. Prohibited Content and Activities

You agree not to use the Services, or encourage, promote, facilitate, or instruct others to use the Services, for any of the following:

6.1. Unsolicited messages, spam, or any form of unauthorized advertising or solicitation.

6.2. Illegal, harmful, or fraudulent activities, including but not limited to:
a) Child exploitation or abuse
b) Fraudulent schemes or promotions
c) Get-rich-quick schemes
d) High-risk financial services
e) Unauthorized lead generation
f) Debt collection or forgiveness services
g) Illegal or regulated substances
h) Gambling
i) Adult content, hate speech, alcohol, firearms, or tobacco (“SHAFT” content)
j) Phishing or pharming

6.3. Content that infringes on intellectual property rights.

6.4. Harassing, defamatory, obscene, abusive, or invasive content.

6.5. Malicious content or technology that may damage or interfere with systems or data.

6.6. Content designed to evade filters or monitoring systems.

6.7. Activities related to prohibited industries as defined in your Services agreement.

7. Message Integrity and Identity Protection

7.1. You must not use spam bots or similar systems to send messages.

7.2. You must not alter or obscure message headers or sender information.

7.3. You must not create false identities or impersonate others without explicit permission.

8. Evasion Techniques and Restrictions

8.1. You must not attempt to evade detection mechanisms, including:
a) Using intentionally misspelled words or non-standard opt-out phrases
b) Engaging in “snowshoeing” practices
c) Using shared public URL shorteners

8.2. You are prohibited from:
a) Modifying or creating derivative works of the Services
b) Reverse engineering or attempting to derive source code from the Services
c) Circumventing security measures or rate limits
d) Removing or obscuring proprietary notices in the Services

9. Reporting Violations

If you become aware of any violation of this Policy, you must immediately notify us and provide assistance, as requested, to stop or remedy the violation.

10. Liability and Indemnification

10.1. You agree to indemnify and hold Clients Consistently harmless from any claims, losses, or damages arising from your violation of this Policy.

10.2. Clients Consistently is not liable for any damages or losses resulting from our enforcement of this Policy or our failure to detect a violation of this Policy.

11. Updates and Communication

11.1. We may update this Policy from time to time. It is your responsibility to review the Policy periodically.

11.2. We may provide notifications of significant changes to this Policy via email or through the Services.

12. Contact Information

For questions about this Policy or to report violations, please contact us at support@clientsconsistently.com.

By using the Services, you acknowledge that you have read, understood, and agree to be bound by this Acceptable Use Policy.

Acceptable Use Policy