Terms of Use – Second Phone

Introduction

Thank you for using our apps. We are continually improving them and producing more innovative products to bring the best value to you. These terms of service apply to all products of Enterprise Architects LLC. Please read these Terms and Conditions carefully before using our mobile applications (the “Service”).

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with our mobile applications (the “Service”) operated by Enterprise Architects LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

Subscriptions and purchases

Your first (Second Phone primary) phone number requires an auto-renewing subscription, which covers calling and messaging from that number and its number settings.
Additional phone numbers, their renewals, calls and outgoing messages are paid for with coins, an in-app currency bought as one-off in-app purchases. Receiving SMS is free of charge.
Payment is charged to your Apple or Google account at confirmation of purchase.
A subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period.
Your account is charged for renewal within 24 hours prior to the end of the current period, and the renewal identifies its cost.
Subscriptions may be managed by you, and auto-renewal may be turned off, in your Apple or Google account settings after purchase.
Any unused portion of a free trial period, if offered, is forfeited when you purchase a subscription, where applicable.
Prices for subscriptions and coin packs are set per region by the App Store and Google Play and are shown in the app before you buy. Refunds are handled by Apple or Google under their policies.

Links to other websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Enterprise Architects LLC.

Enterprise Architects LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Enterprise Architects LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Messaging policy

This Messaging Policy applies to SMS, MMS, chat and WhatsApp messaging channels. We all expect that the messages we want to receive will reach us, unhindered by filtering or other blockers. An important step Second Phone and our customers can take to make that expectation reality is to prevent and eliminate unwanted messages. Towards that end, we strive to work with our customers so that messages are sent with the consent of the message recipient, and that those messages comply with applicable laws, communications industry guidelines or standards, and measures of fairness and decency.

Second Phone treats all messaging transmitted via its platform, regardless of use case or phone number type (for example long code, short code or toll-free), as Application-to-Person (A2P) messaging. All A2P messages originating from Second Phone are subject to this Messaging Policy, which covers rules and prohibitions regarding consent (“opt-in”), revocation of consent (“opt-out”), sender identification, messaging usage, filtering evasion and enforcement.

This policy applies to all customers who use Second Phone's messaging channels. If you provide your own end users or clients with the ability to send messages through Second Phone, for example as an independent software vendor, you are responsible for the messaging activity of those users and must ensure that it complies with Second Phone policies.

Your Second Phone number is for your own person-to-person communication. You may not use it for bulk, automated, scheduled or marketing messaging, for lead generation, or for content prohibited by law or by carrier policy. You are responsible for obtaining any consent the law requires from the people you message. Recipients may opt out of messages from your number by replying STOP; we honour this automatically and you cannot message that person from that number until they reply START. Replying HELP returns support information. Message and data rates may apply to recipients. Carriers are not liable for delayed or undelivered messages.

What is proper consent?

Consent cannot be bought, sold or exchanged. For example, you cannot obtain the consent of message recipients by purchasing a phone list from another party.

Aside from the two exceptions noted later in this section, you need to meet each of the consent requirements listed below. If you are a software or platform provider using Second Phone's platform for messaging within your application or service, you must require your customers to adhere to these same requirements when dealing with their users and customers.

Consent requirements

Prior to sending the first message, 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 that they are agreeing to receive messages of the type you are going to send, and 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.
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), 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 or campaign that the recipient has consented to. You cannot treat it as blanket consent allowing you to send messages from other brands or companies you may have, or additional messages about other uses or campaigns.
Proof of opt-in consent should be retained as set forth by local regulation or best practices after the end user opts out of receiving messages.

Alternative consent requirements

While consent is always required and the requirements 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 are free to 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 opening 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, do not 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 expressed a preference to not receive messages from you. Actions can include a button press, alert set-up, appointments or order placements. Examples of acceptable messages in these scenarios include appointment reminders, receipts, one-time passwords, order, shipping or reservation confirmations, drivers coordinating pick-up locations with riders, and repair persons confirming service call times. The message cannot 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, and 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 STOPALL, UNSUBSCRIBE, CANCEL, END 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.

Usage limitations

Content we do not allow

The key to ensuring that messaging remains a great channel for communication and innovation is preventing abusive use of messaging platforms. That means we never allow some types of content on our platform, even if our customers get consent from recipients for that content. Second Phone's Acceptable Use Policy prohibits sending any content that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public, even if the content is permissible by law. Other prohibited uses include:

Anything that is illegal in the jurisdiction where the message recipient lives. Examples include, but are not limited to, cannabis and CBD in the United States, and offers for prescription medication that cannot legally be sold over the counter in the United States.
Hate speech, harassment, exploitative or abusive communications, or any communications that originate from a hate group.
Fraudulent messages.
Malicious content, such as malware or viruses.
Any content that is designed to intentionally evade filters.

Country-specific rules

All messages should comply with the rules applicable to the country in which the message recipient lives. Additionally, Second Phone has country-specific requirements for select countries, which you should review prior to sending a message to recipients in or from those countries.

Age and geographic gating

If you are sending messages in any way related to alcohol, firearms, gambling, tobacco or other adult content, then more restrictions apply. In addition to obtaining consent from every message recipient, you must ensure that no message recipient is younger than the legal age of consent based on where the recipient is located. You also must ensure that the message content complies with all applicable laws of the jurisdiction in which the message recipient is located or applicable communications industry guidelines or standards. You need to be able to provide proof that you have in place measures to ensure compliance with these restrictions.

Messaging policy violation detection and prevention evasion

Customers may not use Second Phone's platform to evade Second Phone's or a telecommunications provider's unwanted-messaging detection and prevention mechanisms. Subject to our Privacy Policy, Second Phone collects and monitors the content of text messages that are transmitted via its platform to certain countries in order to detect spam, fraudulent activity and violations of the Acceptable Use Policy. Examples of prohibited practices include:

Content designed to evade detection. 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 spreading similar or identical messages across many phone numbers with the intent or effect of evading unwanted-messaging detection and prevention mechanisms.
Other practices identified and prohibited by this policy and Second Phone's Acceptable Use Policy.

How we handle violations

When we identify a violation of these principles, where possible we will work with customers in good faith to get them back into compliance with this policy. However, to protect the continued ability of all our customers to freely use messaging for legitimate purposes, we reserve the right to suspend or remove access to Second Phone's platform for customers, or customers' end users, that we determine are not complying with the Messaging Policy, or who are not following the law in any applicable area or applicable communications industry guidelines or standards, in some instances with limited notice in the case of serious violations of this policy.

Governing law

These Terms shall be governed and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

DMCA and copyright policy

We respect copyright law and expect you to do the same. It is our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Contact us

If you have any questions about these Terms, please contact us.