Last Updated: October 7, 2026
This SMS Communications Addendum ("Addendum") supplements and is incorporated into the ProProfs Terms of Service and Privacy Notice. Capitalized terms not defined in this Addendum have the meanings given in the Terms of Service. This Addendum applies to any SMS, MMS, or similar text messaging features offered as part of the Service that let you send messages to your own customers and contacts, including, without limitation, features offered through ProProfs Retail, CRM, and customer support products.
If you use the Service to send text messages to your customers or contacts, you are solely responsible for determining the recipients, content, timing, purpose, and frequency of those messages and for obtaining and maintaining all legally required consents. As between you and Company, you are the message sender and Company acts solely as your technology and communications service provider. You are responsible for compliance with the TCPA, applicable state telemarketing and privacy laws, and applicable carrier, CTIA, messaging-provider, and registration requirements. You represent that, before any message is sent: (a) each recipient has provided all consent required by applicable law for the type and purpose of message being sent, including prior express written consent where required. You will maintain sufficient records to establish such consent, including the applicable disclosure, date and time of consent, method of consent, telephone number, and other reasonably available evidence, and will provide such records promptly to Company upon request in connection with any complaint, carrier inquiry, regulatory inquiry, or legal proceeding. (b) the business identity and use-case information you submit for carrier registration, including 10DLC campaign registration, is accurate and complete; (c) you are not using, and will not use, purchased, rented, or scraped contact lists to send messages through the Service; and (d) your own messaging terms presented to recipients include a disclaimer that neither you, your service providers (including Company), nor mobile carriers are liable for delayed or undelivered messages.
You will not rely on consent obtained for another business, message sender, campaign, or materially different messaging purpose unless you have independently determined that such consent lawfully covers the messages you send through the Service.
You will not use the Service to send messages to, or collect messaging consent from, minors or other legally restricted audiences except in compliance with all applicable laws and carrier requirements, including any applicable age-verification or parental-consent requirements.
You will promptly honor any legally effective request to stop or revoke consent, whether received through the Service or by another method that applicable law requires you to recognize. You will not send further messages requiring consent to an opted-out recipient except for any legally permitted confirmation message, and you will not re-add or message that recipient without legally sufficient new consent. You are responsible for ensuring that opt-out requests received outside the Service are promptly reflected in your messaging lists and systems. You will also comply with applicable federal and state requirements concerning messaging hours, frequency, quiet hours, do-not-call requests, and consent revocation.
Text messaging features of the Service operate as a recurring, automated messaging program. Message and data rates may apply. Message frequency varies depending on your use of the Service. Recipients may reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt out at any time, or HELP for help. Wireless carriers, including but not limited to AT&T, T-Mobile, and Verizon, are not liable for delayed or undelivered messages, and participating carriers may vary.
In addition to your indemnification obligations under the Terms of Service, you will defend, indemnify, and hold harmless Company, its affiliates, and their respective officers, directors, employees, agents, service providers, successors, and assigns from and against any claims, demands, actions, investigations, regulatory proceedings, fines, penalties, carrier or messaging-provider charges, losses, damages, settlements, judgments, and costs and expenses (including reasonable attorneys' fees) arising out of or relating to (a) messages sent or attempted through your account; (b) your failure to obtain, maintain, or honor legally required consent or opt-outs; (c) the content, recipients, timing, frequency, or purpose of your messages; (d) information you provide for carrier or campaign registration; or (e) your violation of this Addendum, applicable law, or applicable carrier or messaging-provider requirements.
Company may reject, filter, block, limit, suspend, or disable messages, campaigns, telephone numbers, or messaging features, with or without prior notice and without liability, where Company reasonably believes such action is necessary to comply with law, carrier or messaging-provider requirements, protect recipients or the messaging ecosystem, respond to complaints or investigations, prevent fraud or abuse, or protect Company or its service providers from legal, operational, or reputational risk.
You will not use the Service to send unlawful, fraudulent, deceptive, misleading, harassing, unsolicited, or unwanted messages; to evade carrier filtering, registration, or messaging restrictions; or to transmit content or operate campaigns prohibited or restricted by applicable law, carriers, messaging providers, or Company's messaging policies. You are responsible for ensuring that your message content and use case are permitted for the applicable messaging channel. Without limiting the foregoing, you are responsible for determining and complying with all restrictions applicable to regulated, age-restricted, or otherwise restricted messaging categories, including sex or adult content, hate content, alcohol, firearms, tobacco or vaping products, cannabis or CBD, gambling, controlled substances, and other categories restricted by carriers or messaging providers. You will implement any required age verification, age gating, consent, registration, or other safeguards before sending such messages.
Company may access, review, and use information maintained within the Service that is reasonably necessary to verify compliance with this Addendum, applicable law, or carrier and messaging-provider requirements, including consent records, campaign registrations, message samples, opt-in disclosures, and opt-out records. Company may also request additional information reasonably necessary for such verification, and you will promptly provide such information and cooperate with Company in responding to carrier, messaging-provider, governmental, or regulatory inquiries relating to your messaging activity.
You are responsible for fees, penalties, surcharges, remediation costs, or other amounts imposed on Company by carriers, messaging providers, registration authorities, or similar third parties to the extent arising from your messaging activity, violation of applicable requirements, inaccurate registration information, or excessive complaints.
Company does not guarantee message delivery, timing, routing, throughput, carrier acceptance, registration approval, sender reputation, telephone-number availability, or uninterrupted messaging functionality. Carriers and messaging providers may delay, filter, block, reject, or impose limitations on messages or campaigns in their discretion.
Any consent-management, opt-out, suppression, registration, template, disclosure, scheduling, or other compliance-related features provided through the Service are tools to assist your compliance efforts and do not constitute legal advice or a representation or warranty that your messaging activity complies with applicable law. You remain responsible for determining the legal requirements applicable to your messages and recipients.
Company may update this Addendum as described in the general modification provisions of the Terms of Service.