1. Introduction
These Terms and Conditions govern the use of SMS services provided by Peregrine Networks (“Peregrine”) to its customers (“Users”) who utilize voice and SMS services. By using Peregrine’s SMS services, Users agree to comply with these terms.
2. Definitions
- SMS: Short Message Service, a text messaging service component of phone, Web, or mobile communication systems.
- User: Any individual, business, or entity using Peregrine’s SMS service.
- Message: Any text message sent via Peregrine’s system.
- Service Provider: Includes mobile network operators and other third parties involved in message transmission.
3. Consent and Compliance
- Express Written Consent: Users must obtain explicit, written consent from recipients before sending marketing or promotional SMS messages. This consent must clearly state that the recipient agrees to receive such messages from the sender.
- Compliance with Laws: Users must adhere to all applicable laws including, but not limited to, the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and any state-specific legislation like the Florida Telephone Solicitation Act (FTSA) or Oklahoma Telephone Solicitation Act (OTSA).
- CTIA Guidelines: Users should follow the best practices and guidelines set by the Cellular Telecommunications Industry Association (CTIA) for SMS marketing.
4. Transmission of Messages
- Message Delivery: Peregrine is not responsible for the non-delivery, delayed delivery, or content of messages due to network issues, recipient device compatibility, or other external factors.
- Service Hours: Messages should not be sent outside the recipient’s local time of 8 AM to 9 PM unless prior express consent for different hours has been obtained.
- Opt-In/Opt-Out: Users must provide clear mechanisms for recipients to opt-in for SMS services and to easily opt-out by replying with “STOP”. An acknowledgment message must be sent upon opting out confirming no further messages will be sent. All text messages must include the ability to stop receiving messages.
- Content Restrictions: Messages must not contain content that is illegal, harmful, offensive, or in violation of any rights. This includes not sending messages for gambling or cannabis promotion unless legally compliant in the recipient’s jurisdiction.
- Message and Data Rates: Message and data rates may apply to both the sender and the recipient. Users are responsible for informing recipients of this potential cost.
5. Privacy and Data Protection
- Data Usage: Users are responsible for ensuring that personal data collected for SMS services complies with privacy laws like GDPR (for EU contacts) or CCPA/CPRA (for California residents).
- Security Measures: Users must implement necessary security measures to protect the data used in SMS transmission, including encryption where required for sensitive information.
6. Liability
- Indemnification: Users agree to indemnify Peregrine against any claims, damages, or expenses arising from their use of the SMS service, including but not limited to breaches of privacy or law.
- Service Limitations: Peregrine does not guarantee message delivery or functionality due to the nature of SMS transmission being dependent on various network operators and end-user devices.
7. Termination
- Right to Terminate: Peregrine reserves the right to terminate service for any User not complying with these terms without notice.
8. Changes to Terms
- Updates: Peregrine may update these Terms and Conditions at any time. Users will be notified of significant changes via email or through the service interface.
9. Contact Information
For questions or further information about these Terms and Conditions, please contact:
- Email: support@peregrinenetworks.net
- Phone: 603-296-0760
10. Acceptance of Terms
By using Peregrine Networks’ SMS service, Users acknowledge they have read, understood, and agree to be bound by these Terms and Conditions.
This document should still be reviewed by legal counsel to ensure it fully complies with all relevant laws and regulations specific to your operations, location, and the markets you serve. Remember, these terms are intended as a guideline and should be adjusted based on your specific business practices and legal requirements.