Messaging Content Policy
This Messaging Content Policy (“MCP”) outlines rules for Customers who use our Services to send Messages. The MCP is part of your Agreement with GoTo. We may modify this MCP from time to time as set forth in the Agreement. Your continued use of the Services after we have modified this MCP constitutes your acceptance of its terms.
- Definitions
1.1 10DLC means ten-digit long code, i.e., a US or Canadian phone number including area code.
1.2 Brand means the company or entity that a Message recipient believes to be the Message sender.
1.3 Campaign means your messaging use case, or the type of content you will be sending. Examples of Campaign types are marketing and customer care.
1.4 Campaign Service Provider means the entity that works with multiple Brands to help them create and launch messaging Campaigns. GoTo is a Campaign Service Provider.
1.5 Message means an SMS or MMS communication you send from the Services using a 10DLC or toll-free number.
1.6 MMS means “Multimedia Messaging Service,” which is a technology that enables you to send group messages or messaging content containing elements such as text, videos, images, and GIFs to Message recipients.
1.7 MNO means “Mobile Network Operator,” which is the entity that provides connectivity to end users.
1.8 SMS means “Short Message Service,” which is a technology that enables you to send messaging content consisting of short text Messages to recipients.
1.9 TCR means “The Campaign Registry,” which is the centralized hub where Brands and Campaigns are registered.
- Registration Requirements
2.1 Ten-Digit Long Code Registration Requirements
To reduce consumer SPAM, smishing, and other fraudulent messages, the MNOs mandate that Brands located in the US and Canada that send SMS or MMS Messages to US phone numbers from applications using 10DLC register their Campaigns via GoTo with The Campaign Registry
TCR serves as the centralized hub where Campaign Service Providers such as GoTo facilitate the registration of Brands and their messaging campaigns in accordance with the MNO’s requirements, such as T-Mobile’s Code of Conduct, and AT&T’s Code of Conduct, and industry requirements such as the CTIA Messaging Principles and Best Practices and the CTIA Short Code Monitoring Program Handbook, which is referenced in the CTIA Messaging Principles and Best Practices.
Prior to sending Messages from our Services, you must register your Brand and your Campaign via GoTo with TCR. Campaign vetting is performed by a third-party organization independent from GoTo and TCR. GoTo does not dictate the requirements for Brand or Campaign registration, which are subject to change. Further, GoTo does not control or approve your Brand or Campaign registrations; nor is GoTo responsible for any fees you may be required to pay in connection with the Brand and Campaign registration process, including for unsuccessful registration attempts. Although GoTo may offer information related to industry best practice to assist you with the registration process, you are responsible for your application content, including consulting with your own legal advisor regarding your application, and all fees associated with your registrations. GoTo expressly disclaims all liability with respect to your Brand and Campaign registration and makes no warranty of any kind that your registration will ultimately be approved.
Once your Brand and Campaign registrations have been approved, you may only send Messages for your Brand using numbers that have been linked to an approved Campaign. In addition, your Message and Message content must be aligned to the information that you provide in support of your Campaign registration.
2.2 Text-Enabled Toll-Free Number Verification Requirements
Certain of our Services may allow you to send Messages from text-enabled toll-free telephone numbers, or telephone numbers that use the designated numbering plan area codes (“NPAs”) such as 800, 888, 877, 866, 855, and 844, or other designated NPA. If you wish to engage in toll-free Messaging from the Unites States or Canada, you must first complete the toll-free number verification process. You may register only those toll-free numbers that are currently reserved for your benefit and are in working status.
- Messaging Requirements Applicable to All Messages Sent Using Our Services. You must comply with the following requirements when using GoTo’s Messaging Services:
3.1 Opt-out Requirements
3.1.1 Before sending a Message to any number you must obtain the phone number subscriber’s express consent. For marketing or promotional content, this consent must be in writing. You may send a reply to a phone number that sends you a Message first, provided that your reply is limited to addressing the question or request posed to you. -
3.1.2 You may not send Messages to phone number subscribers from whom you have not directly obtained express consent. For example, you may not send Messages to phone numbers contained on purchased or rented, leased, licenses, lists, or lists that have been otherwise provided to you by another party for your own marketing purposes.
3.1.3 You may not sell, rent, license, lease, otherwise provide phone numbers to other parties so that they may contact the subscriber for their own commercial purposes.
3.1.4 You are solely responsible for obtaining the required consent from subscribers through separate channels. In addition, you are solely responsible for retaining adequate records demonstrating that you have obtained the requisite consent to send Messages.
3.2 Opt-out Requirements
3.2.1 You must (a) provide a clear way for users to opt out of each message you send; (b) honor the following opt-out phrases: "stop," "quit," "revoke," "opt out," "cancel," "unsubscribe," and "end"; and (c) honor any other opt-out request terms that may be required by law, regulation or industry code and any other terms or phrases sent in reply to Messages where you are reasonably able to determine that the user intended to opt out, such as “I do not wish to receive messages from you.”
3.2.2 You must honor optout requests that you receive outside of your messaging channel. For example, if a subscriber communicates their desire to opt out from receiving your Messages via email, a letter, or verbally over the phone, you must honor their request.
3.2.3 You must act on all opt-out requests within the timeframe provided for by applicable law.
3.2.4 Our Services do not automatically manage opt out requests. You are solely responsible for managing, tracking, and timely actioning opt-out requests, including, if applicable, providing confirmation to the user that they have been successfully opted out.
3.2.5 You are also solely responsible for maintaining adequate records of subscriber opt-out requests and your response to them.
3.3 Other Messaging Requirements
3.3.1 You must comply with messaging requirements contained in applicable law, regulation, MNO requirements, and industry standards, including requirements related to messaging content, the frequency with which you may send Messages, and any applicable time of day or declared emergency restrictions.
3.3.2 You must maintain a privacy policy that addresses your messaging practices.
3.3.3 You must include information in your Messages that enable users to obtain help or support from you.
3.3.4 You may not embed links into Messages that conceal or obscure your identity or that are intended to cause harm or deceive Message recipients. If you use a web address shortener, the shortener and its associated IP address must be dedicated exclusively to your use. If you include a web address in your Messages, the website, or any sites to which the web address redirects, must unambiguously identify you as the owner and include contact information at which the Message recipients may contact you.
3.3.5 You may not embed phone numbers in your Messages that are assigned or forward to unpublished phone numbers, unless the phone number owner is unambiguously identified in the Message. Notwithstanding the foregoing, you understand that in some jurisdictions, carriers may from time to time block messages with embedded phone numbers, regardless of whether they are published.
3.3.6 You may not engage in “snowshoe messaging,” which is a practice that spreads Messages across many sending phone numbers.
3.3.7 You may not engage in behavior that is designed to evade detection of a violation of our Acceptable Use Policy, this MCP, or the policies of our upstream providers or the MNOs.
3.4 Prohibited Messaging Content. You may not send Messages containing the following content. Please note, this content is also prohibited by GoTo’s upstream providers and the MNOs.
3.4.1 Pornographic or sexually explicit content.
3.4.2 Depictions or endorsements of violence, hate speech, or otherwise engaging in threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent behavior.
3.4.3 Content related to the sale or promotion of substances that are classified as controlled substances under applicable law, including US federal law, such as prescription drugs, marijuana (cannabis), CBD/HTC/hemp, kratom, drug paraphernalia, vaping, or e-cigarettes.
3.4.4 Content related to alcohol, gambling, firearms (including accessories, ammunition and fireworks and other explosives), tobacco, charity, and political/campaign advertisements (for the US, unless the foregoing is otherwise part of an approved 10DLC Campaign or approved under toll-free number verification parameters), and subject to your compliance with additional, applicable messaging requirements, such as enhanced consent and/or age-gating requirements. Notwithstanding the foregoing, content related to gambling/sweepstakes and tobacco are strictly prohibited for toll-free number messaging.
3.4.5 Lead generation campaigns that indicate the sharing of collected information with third parties, such as third-party or affiliate lead or commission generation campaigns.
3.4.6 Third-party debt collection; debt consolidation, reduction, or relief offerings; or credit repair offerings.
3.4.7 Advertisements for loans, except for Messages from direct lenders for secured loans; payday loans; short term high-interest loans; new loan solicitation; third-party auto loans; third-party mortgage loans; or student loans;
3.4.8 Advertisements for cryptocurrency, stocks and investing services or platforms.
3.4.9 Deceptive work from home schemes, secret/mystery shopper, pyramid schemes, multi-level marketing, “get rich quick” or “financial wealth building” offerings, risk investment opportunities, or other similar advertising Campaigns
3.4.10 Campaigns that otherwise contain content that is prohibited under applicable law, regulation, or industry code.
- Consequences of Non-Compliance
You are solely responsible for your compliance with the requirements of this MCP, and your failure to comply with them may result in (a) your Message being blocked by GoTo, its providers, or the MNOs; (b) suspension of your Services or termination of your Agreement; and (c) claims by third parties or regulatory enforcement actions.
