SMS Terms & Conditions

1. Program Description

FlowSmartly is an AI-powered content creation and marketing platform that enables businesses and individuals ("Users") to send SMS marketing messages to their customers, subscribers, and contacts ("Recipients").

Our SMS services include:

• Promotional SMS campaigns (sales, offers, product announcements)
• Transactional messages (order confirmations, appointment reminders)
• Automated SMS sequences and drip campaigns
• Two-way SMS communication
• SMS marketing analytics and reporting

All SMS messages sent through FlowSmartly are transmitted via our secure messaging infrastructure. FlowSmartly acts as a technology platform facilitating communication between Users and their Recipients.

2. Consent

Consent is the cornerstone of compliant SMS marketing. All parties involved must adhere to the following consent requirements:

For Recipients

By providing your phone number and opting in to receive SMS messages from a FlowSmartly User, you expressly consent to receive recurring marketing and/or informational text messages from that User at the phone number you provided. Consent is not a condition of purchase. You may revoke your consent at any time by replying STOP.

For Users (Senders)

As a FlowSmartly User, you must obtain explicit prior written consent from each Recipient before sending SMS messages. This consent must be:

• Voluntary: Consent must be freely given and not bundled with unrelated agreements.
• Informed: Recipients must be clearly informed of the types of messages they will receive, approximate frequency, and how to opt out.
• Documented: You must maintain records of when and how consent was obtained for each Recipient.
• Specific: Consent must specifically cover SMS communications and not be implied from other forms of consent.

3. Message Frequency

Message frequency varies depending on the User's campaign configuration and the communication preferences set by the Recipient. Typical message frequency may range from one-time messages to multiple messages per week.

Users are expected to:

• Clearly disclose expected message frequency at the time of opt-in.
• Respect the frequency limits they communicate to their Recipients.
• Avoid excessive messaging that could be considered spam or harassment.
• Honor quiet hours and avoid sending messages during unreasonable hours (before 8:00 AM or after 9:00 PM in the Recipient's local time zone).

4. Opt-Out Instructions

Recipients may opt out of receiving SMS messages at any time using any of the following methods:

After opting out, you will not receive any further marketing messages from that sender through our platform. If you wish to re-subscribe, you must opt in again through the sender's designated sign-up process. Opt-out requests are processed within minutes in most cases.

5. Help

If you need assistance with SMS messages you are receiving, you can:

• Reply HELP to any message to receive support information, including the sender's name and opt-out instructions.
• Contact FlowSmartly support at support@flowsmartly.com for assistance with any SMS-related issues.
• Visit our website at flowsmartly.com for additional resources and documentation.

6. Message & Data Rates

Standard message and data rates may apply to SMS messages sent and received through our platform. These rates are determined by your mobile carrier and are not charged by FlowSmartly.

Please consult your mobile carrier's pricing plan for details on text messaging charges. FlowSmartly is not responsible for any charges incurred by Recipients as a result of receiving SMS messages.

For FlowSmartly Users (senders), SMS messaging costs are determined by your subscription plan and per-message rates as described in your account billing settings. Rates vary by destination country and message type.

7. Supported Carriers

SMS messages sent through FlowSmartly are supported on all major US carriers, including but not limited to:

Carriers are not liable for delayed or undelivered messages. We also support international SMS delivery to many countries, subject to local carrier support and regulations. Delivery rates and reliability may vary by carrier and region.

8. Privacy

Your privacy is important to us. All personal information collected in connection with our SMS services is handled in accordance with our Privacy Policy.

Key privacy commitments for our SMS services:

• Phone numbers and message data are not sold or shared with third parties for their marketing purposes.
• SMS data is shared only with our messaging infrastructure provider for the purpose of message delivery.
• Opt-in and opt-out records are maintained securely for compliance purposes.
• Recipients can request deletion of their data by contacting support@flowsmartly.com.

9. User Responsibilities

As a FlowSmartly User utilizing our SMS marketing features, you agree to the following responsibilities and obligations:

TCPA Compliance

You must comply with the Telephone Consumer Protection Act (TCPA) and all applicable federal, state, and local laws and regulations governing SMS communications. This includes obtaining prior express written consent before sending marketing messages, honoring opt-out requests, and maintaining proper consent records.

Consent Management

You are solely responsible for obtaining, documenting, and maintaining valid consent from your Recipients. You must be able to provide evidence of consent upon request from FlowSmartly, regulatory authorities, or carriers.

Privacy Policy

You must maintain your own privacy policy that discloses your SMS messaging practices, including the types of messages sent, frequency, opt-out procedures, and how Recipient data is handled.

Content Standards

You agree not to send messages that contain:

• Deceptive, misleading, or fraudulent content
• Content that promotes illegal activities or substances
• Hate speech, harassment, or threats
• Content that violates intellectual property rights
• Phishing attempts or malicious links
• Content prohibited by carrier policies or CTIA guidelines

Opt-Out Handling

You must honor all opt-out requests promptly. When a Recipient replies STOP or uses any other opt-out method, you must not send further messages to that Recipient unless they re-subscribe through a new, valid opt-in process.

10. Platform Rights

FlowSmartly reserves the right to take the following actions to maintain the integrity of our platform, protect Recipients, and ensure compliance with applicable laws and carrier requirements:

• Account Suspension: Temporarily suspend SMS messaging capabilities for accounts suspected of non-compliance, pending investigation.
• Account Termination: Permanently terminate accounts that engage in repeated or egregious violations of these SMS Terms, the TCPA, or carrier policies.
• Content Review: Review message content and campaigns to ensure compliance with our policies, applicable laws, and carrier standards.
• Rate Limiting: Impose sending limits on accounts to prevent abuse, maintain platform stability, and comply with carrier throughput requirements.
• Carrier Compliance: Modify or reject messages that do not comply with carrier filtering rules, 10DLC registration requirements, or industry best practices.
• Cooperation with Authorities: Share account and messaging data with regulatory authorities, law enforcement, or carriers as required by law or to investigate reports of abuse.

11. Contact

For questions, concerns, or requests related to these SMS Terms and Conditions, please contact us:

We strive to respond to all inquiries within 2 business days.