SMS & Messaging Terms

Overview

These SMS & Messaging Terms govern the use of text messaging, multimedia messaging (MMS), calling, and related communication services provided through the Client Harbor platform.

By using messaging services through Client Harbor, you agree to comply with these terms, all applicable laws, carrier requirements, and industry regulations.

These terms apply to all account owners, users, administrators, employees, contractors, and anyone utilizing messaging functionality through a Client Harbor account.

Customer Responsibility

Customers are solely responsible for all messages, communications, content, campaigns, automations, and activities sent through their account.

This responsibility includes:

• SMS messages
• MMS messages
• Automated messaging
• Appointment reminders
• Marketing campaigns
• Customer service communications
• Call-related communications
• Workflow-generated messages

Client Harbor acts solely as a software platform and does not control the content transmitted by customers.

Consent Requirements

Customers must obtain proper consent before sending messages to recipients.

Consent must be:

• Freely given
• Specific
• Informed
• Documented
• Compliant with applicable laws and carrier requirements

Consent may not be obtained through deceptive, misleading, or pre-selected opt-in methods.

Customers are responsible for maintaining records demonstrating recipient consent.

Failure to maintain proper consent may result in account suspension, carrier restrictions, fines, or legal liability.

Required Opt-In Disclosures

When collecting SMS consent, customers should clearly disclose:

• The business name sending messages
• The purpose of the messages
• Message frequency expectations
• Instructions for opting out
• Instructions for obtaining help
• Disclosure that message and data rates may apply
• Links to applicable Terms and Privacy Policies

Customers are responsible for ensuring their opt-in language remains compliant with applicable carrier and regulatory requirements.

Opt-Out Requirements

Recipients must be able to opt out of messaging programs at any time.

Customers must honor all valid opt-out requests promptly.

Common opt-out keywords may include:

• STOP
• UNSUBSCRIBE
• CANCEL
• END
• QUIT

Once a recipient opts out, no further marketing messages may be sent unless valid consent is re-established.

Customers are responsible for maintaining suppression lists and honoring opt-out requests.

Help Requests

Customers should provide recipients with a method to request assistance regarding messaging programs.

Common help keywords may include:

• HELP
• INFO
• SUPPORT

Customers are responsible for responding appropriately to support requests and maintaining accurate contact information.

Prohibited Messaging Activities

The following activities are prohibited through the Client Harbor platform:

• Sending messages without proper consent
• Purchasing, renting, or scraping contact lists
• Sending spam or unsolicited messages
• Deceptive marketing practices
• Fraudulent communications
• Phishing attempts
• Impersonation
• Harassment or abusive messaging
• Illegal activities
• Transmission of malicious content
• Violations of carrier policies

Accounts engaging in prohibited activity may be suspended or terminated without notice.

Carrier Compliance

Customers must comply with all applicable carrier rules and messaging requirements.

This includes, but is not limited to:

• A2P 10DLC requirements
• Carrier registration requirements
• Messaging content restrictions
• Industry compliance standards
• Campaign registration requirements

Carrier rules may change without notice.

Customers remain responsible for maintaining compliance regardless of platform functionality.

Marketing Messages

Marketing messages generally include content intended to promote:

• Products
• Services
• Offers
• Events
• Promotions
• Sales opportunities

Marketing communications typically require express written consent before messages may be sent.

Customers are solely responsible for obtaining and documenting such consent.

Transactional Messages

Transactional messages generally include communications related to:

• Appointments
• Account updates
• Service notifications
• Customer support
• Billing notifications
• Operational communications

Even when messages are transactional, customers remain responsible for complying with all applicable laws and carrier requirements.

Message Delivery

Client Harbor does not guarantee:

• Message delivery
• Message timing
• Carrier acceptance
• Network availability
• Delivery rates

Delivery depends on numerous factors outside Client Harbor's control, including:

• Wireless carriers
• Mobile devices
• Recipient settings
• Network conditions
• Third-party providers

Messaging services are provided on an "as available" basis.

Usage Charges

Messaging services may incur usage-based fees.

Charges may apply to:

• Outbound SMS messages
• Inbound SMS messages
• MMS messages
• Calls
• Call recordings
• Related communication services

Customers are responsible for all applicable usage charges regardless of message delivery outcomes.

Please refer to the Usage-Based Billing Policy for additional details.

Record Retention

Customers are responsible for maintaining records related to:

• Consent collection
• Opt-in forms
• Opt-out requests
• Campaign documentation
• Compliance requirements

Client Harbor does not guarantee long-term storage of compliance documentation unless explicitly stated.

Customers should maintain independent records as necessary.

Account Suspension and Termination

Client Harbor reserves the right to suspend, restrict, or terminate messaging access if:

• Compliance concerns arise
• Carrier complaints are received
• Excessive opt-out activity occurs
• Spam reports increase
• Messaging policies are violated
• Regulatory violations are suspected

Suspension may occur without prior notice when necessary to protect platform integrity or maintain compliance obligations.

Indemnification

Customers agree to defend, indemnify, and hold harmless Client Harbor, its owners, employees, contractors, affiliates, and service providers from any claims, damages, penalties, fines, losses, or liabilities arising from:

• Messaging activity
• Consent violations
• Regulatory violations
• Carrier complaints
• Customer-generated content
• Improper use of messaging services

Limitation of Liability

Client Harbor shall not be liable for:

• Undelivered messages
• Carrier filtering
• Compliance violations by customers
• Regulatory penalties
• Lost revenue
• Indirect damages
• Consequential damages

Customers assume full responsibility for messaging activities conducted through their accounts.

Changes to These Terms

Client Harbor reserves the right to modify these SMS & Messaging Terms at any time.

Updated versions may be posted on the website or otherwise provided to customers.

Continued use of messaging services constitutes acceptance of any revisions.

Contact Information

Questions regarding these SMS & Messaging Terms may be directed to Client Harbor through the contact information provided on our website.

By using Client Harbor messaging services, you acknowledge that you have read, understood, and agreed to these SMS & Messaging Terms.