Mobile Text, Instant Message, Email, and Mobile Keyword: All-In-One Marketing by Trumpia

Import and API Agreement

Consumer privacy and anti-spam obligations are high priorities for Trumpia and our technology providers. The terms and linked resources herein are provided to help you (the "Customer") conduct responsible and legal permission-based messaging. You are required to read this agreement before importing contact information and initiating any messaging. This agreement applies to both users of Trumpia's standard interface and API users.

API Agreement & Import Certification

When importing or otherwise adding contact information manually or via API, you will be required to show that all included contacts have expressly opted in to messaging from you and were not exchanged, rented, purchased, or otherwise acquired from any third party. All customers must complete the following steps to be certified to add contact information.

  1. Complete and submit a "Certification and Agreement for Consent by Message Recipients" form
  2. Provide links to online sign-up forms used to collect contacts
  3. Provide images of any paper sign-up forms
  4. Submit details of any other subscription methods to be reviewed by Trumpia's technical support department
  5. Provide government-issued identification for the contract signatory
  6. Provide proof of establishment of customer's business or organization

Regulations & Industry Guidelines

You agree to comply with relevant industry guidelines and regulations in any use of the Trumpia service, including the importing of contact information, the transmission of messages to your contacts, and any related API. As indicated in Trumpia's Terms of Use, such laws and rules include but are not limited to the following (all linked websites subject to change).

Text Messaging

In regard to text messaging, the following regulations must be strictly observed. We provide them here to underscore their importance.

  • "Content providers must obtain opt-in approval from subscribers before sending them any SMS or MMS messages or other content from a short code." (MMA ID: CCS-08)
  • "Beyond violating the subscriber opt-in policy, sending messages to third-party lists is not an effective interactive mobile marketing tactic." (MMA ID: CCS-14)
  • "Selling mobile opt-in lists is prohibited." (MMA ID: CCS-15)
  • "For recurring standard rate programs, subscribers should indicate their willingness to participate in a program and receive messages from the program as follows (MMA ID: CCS-100):
    • Subscriber initiates opt-in to a recurring standard rate program by responding to a call to action (MMA ID: CCS-101)
      1. i.) Subscriber may send a mobile-originated message from handset to short code
      2. ii.) Subscriber may initiate opt-in from a web interface
      3. iii.) Subscriber may initiate opt-in from a WAP interface
      4. iv.) Subscriber may initiate opt-in from an IVR system
      5. v.) Subscriber may initiate opt-in from a paper-based consent form
    • Program responds with pertinent phone, program, and contact information via web/WAP/IVR/handset/paper application-based form (MMA ID: CCS-101)
  • "This opt-in applies only to the specific program a subscriber is subscribed to and should not be used as a blanket approval to promote other programs, products, and services. However, after the subscriber has been given the complete details about the opt-in scope, the subscriber may opt-in to receive other messages. A content provider may, however, communicate with existing opted-in subscribers through non-premium messages that a) notify subscribers of updates to their existing service or b) are part of a retention program for that particular service. Directions to unsubscribe from these messages must be clearly available with the delivery of each message." (MMA ID: CCS-103)
  • "Program flow and information must not be misleading in any way." (MMA ID: CCS-104)
  • Any online form or promotion used to collect customer contact data must include the following:
    • [Organization name]: You will receive [description of alerts]. Get up to [frequency] messages per month. Text HELP for help. Text STOP to cancel. Msg & data rates may apply. Terms & conditions available at [URL], email [email address], or call [phone number].
  • All telephone numbers in your database will receive messaging from ONLY the business or organization specified for this account and not any other. By way of example, if you open a Trumpia account for Restaurant A and you happen also to own Restaurant B, the contact list from Restaurant A cannot be used for solicitations from Restaurant B. Furthermore, you are NOT allowed to import the list from Restaurant A into a list for restaurant B. Contact information must be used for for messaging from only one business, organization, or location.
  • The revised TCPA rule states that if you are sending text or voice messages for solicitation purposes, then your campaign must meet the "prior express written consent" standard. The TCPA defines prior express written consent as a signed written agreement that clearly and conspicuously discloses the following to the consumer.
    • By signing the agreement, he or she authorizes the seller to deliver telemarketing messages to a designated phone number by use of an automatic telephone dialing system.
    • The consumer is not required to sign the agreement or agree to enter into it as a condition of purchasing any property, goods, or services.
  • Text messages will be limited to the period between 8:00 a.m. and 9:00 p.m., recipient's local time.

Voice Broadcast

You agree to the following terms in relation to any use of your account for voice broadcasting in addition to all applicable regulations indicated above.

  • You may import phone numbers for voice broadcast under either of the following conditions.
    • All included subscribers have provided prior express written consent for telephone messages.
    • You are a tax-exempt, nonprofit charitable organization or a for-profit telemarketing service making calls on behalf of a tax-exempt, nonprofit charitable organization making non-promotional calls only to members of such organization or previous donors thereto.
  • Calls will be limited to the period between 8:00 a.m. and 9:00 p.m., recipient's local time.
  • You are required to maintain a "Do Not Call" list and to honor anyone's request not to be called again.
  • No call will be placed to any emergency telephone line or to the line of any guest or patient room at any hospital, health care facility, home for the elderly, or similar.
  • You will not tie up two or more lines of a multi-line business at any given time.
  • By federal law, automated voice solicitation messages to mobile phones are prohibited without prior express written consent. Prior consent for voice messaging does not automatically give you similar consent for text messages (SMS). Your import list will be scrubbed for mobile numbers, and an opt-in text message requesting consent for both voice and text messages will be sent to the mobile phone numbers. The subscriber must reply "OK" to the opt-in text to affirm consent. Trumpia will not send automated messages to the mobile numbers in your import list unless prior express written consent has been granted. Click here for more information on the TCPA rule regarding voice solicitation messages.

Other

You also acknowledge and agree to the following provisions.

  • You agree to Trumpia's Anti-SPAM Policy, Privacy Policy, Terms of Use and other terms applicable to the service.
  • If Trumpia must suspend or terminate your account due to violation of this agreement, no refund of any kind will be made.
  • If you know of or suspect any violators within the system, please notify Trumpia by emailing support@trumpia.com.
  • You agree to the terms set forth in this agreement. This document is subject to change at any time, and it is your responsibility to review this document for any revision. Continued use of the Trumpia service after any revision to this agreement constitutes your acceptance of such revision.

Rights & Limitation of Liability

Trumpia reserves the right at Trumpia's sole discretion to refuse, suspend, disable, or terminate any party's service at any time without notice or refund. Trumpia shall bear no liability for any direct, indirect, incidental, special, or consequential damages due to any manner of use or inability to use Trumpia's services. These provisions apply to all Trumpia services and any information derived through the Trumpia system.

You hereby covenant to indemnify, defend, and hold harmless Trumpia, its agents, partners, technology suppliers, employees, management, board members, investors, volunteers, and representatives for any and all losses, liabilities, claims, damages, liens, causes of action, awards, judgments, costs, and expenses of whatever kind or nature that may arise from any agreement or relationship with Trumpia.