MESSAGING POLICY

Effective date: October 24, 2024

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PLEASE READ THE SECTION NO. 5 “INDEMNITY; CONSEQUENCES OF NON-COMPLIANCE” CAREFULLY AS IT MIGHT AFFECT YOUR DECISION FOR USING THE SERVICES

This Messaging Policy (“Policy”) is an integral part of the Terms of Use available at Terms of Use, together and with all other applicable documents referred to as the "Agreement". Any definitions starting with the capital letter shall have the same meaning as in the Terms. This Policy outlines essential rules and regulations governing the content of messages sent through phone numbers acquired via the App, including SMS, MMS, and messenger communications linked to these numbers. It also details our measures for detecting and preventing unwanted messaging to ensure adherence to relevant laws. It's crucial to thoroughly review this policy, as compliance determines the effectiveness of your messaging services. Non-compliance may lead to the blocking of your account, restricting your ability to make calls or send messages with the associated phone number.

We reserve the right to modify or change this Policy at any time and in our sole discretion. We will notify about any notification by posting the revised Policy in the Application. The date of the last update to this Policy is indicated at the top of the page. Changes becomes effective immediately upon publishing on in the Application. In case if the changes done are unacceptable to User, the User has a right to terminate this Agreement by cessation of usage of the Application. The User shall have a fourteen (14) days period to give their notice to the Echoline that they wish to terminate the Agreement and cease using the Services. In case if the User continue to use the Service after such posting – such constitutes acceptance of the revised Agreement.

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1. SPECIFIC AUTHORIZATIONS YOU PROVIDE TOUS

To make our Services functional and to allow certain features (such as ability to send and/or receive SMS, MMS messages, messages you send via messengers where you sign up with the phone number you got via the App) of such Services operational, we are required to have Your consent that we can perform some certain actions. This is also done to ensure compliance with applicable messaging laws and regulations and our contractual obligation with services providers (such as Twilio Inc.).

Consent to receive messages from Us. By using our Services, You authorize Echoline to send You text messages with offers and other information. You agree to be contacted both by email & phone. Message /data rates apply. Frequency may vary. Consent is not a condition to purchase.

Unwanted messaging detection and prevention mechanisms. We and Twilio Inc. utilize message filtering systems aimed at safeguarding all involved in the messaging sector. These systems are specifically designed to identify and prevent fraudulent activities, spam, abuse, and any breaches of relevant laws, policies, and regulations. By taking proactive measures, we ensure that the content of messages sent through phone numbers obtained via the App undergoes prior collection and monitoring.

You hereby provide us and Twilio Inc. with your relevant permission for collecting, processing, storing, and monitoring the content of all messages you send using phone numbers you got via the App for the following purposes: A) prevention of spam, abuse, illegal and fraudulent activity; B) ensuring compliance with laws, rules and regulations applicable in the messaging industry, as well as with Twilio Acceptable Use Policy and Twilio Messaging Policy.

Basic rules and regulations that shall apply to all messages you send using phone numbers you got via the App are provided below in the questions and answers format.

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2. SPECIFIC REQUIREMENTS TO SEND MESSAGES

Consent from Your message’s recipients. 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 they are agreeing to receive messages of the type you're going to send. You need to keep a record ofthe consent. 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), then 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 can't 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.

If you intend to send messages toa 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. You also need to proactively ask individuals to reconfirm their consent as set forth by local regulations and best practices.

While consent is always required and the consent requirements noted above are generally the safest path, there are two scenarios where consent can be received differently.

1.    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 open 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, don't send messages that are outside that conversation.

2.    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, and 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 setup, appointments, or order placements. Examples of acceptable messages in these scenarios include appointment reminders, receipts, one-time passwords, order/shipping/reservation confirmations, drivers coordinating pick up locations with riders, and repairpersons confirming service call times.

The message can't attempt to promote a product, convince someone to buy something, or advocate for a social cause.

Identification of You as a 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.

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3. PROHIBITED ACTIVITES

You agree that you will not use the Service to transmit or store any content or communications that contain prohibited content, including, but not limited to:

·       Inappropriate content that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public. All content must be legal across all 50 U.S. states, the District of Columbia and all Canadian provinces, as applicable;

·       SPAM (i.e., unwanted messages such as but not limited to unsolicited bulk commercial messages), as defined here: Spamhaus website;

·       "S.H.A.F.T." content (sex, hate, alcohol, firearms, tobacco), with a strict prohibition on messages related to sex, hate speech, firearms, vaping, tobacco, and alcohol without proper consent;

·       Marketing Content sent to recipients on paid or rented lists (of any form) or sent to List brokers (of any form) for distribution by them;

·       May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

·       Engage in fraudulent, deceptive, inaccurate, or misleading activity with respect to third parties(including impersonation of identity or identifiers such as phone numbers or email addresses) or otherwise bypassing legitimate identification systems;

·       Contains any private or personal information of a third party without such third party’s consent;

·       Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content;

·       Fraudulent or misleading messages;

·       Use the Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses;

·       Depictions or endorsements of violence, or promoting, endorsing or facilitating hate speech or discrimination against people based on race, ethnicity, religion, age, gender or identity expression, sexual orientation, marital or parental status, disability, veteran status or any other characteristic;

·       Other content not allowed by U.S. Carriers (e.g. T-Mobile, Verizon, and AT&T) and Canadian Carriers, such as: high-risk financial services (payday loans, short term-high interest loans, third party mortgage loan, student loans, third party autoloans, cryptocurrency), third-party lead generation services, debt collection or forgiveness, “get rich quick” schemes, illegal substances, prescription medications, gambling, and certain categories without proper age gating procedures (i.e. firearms, alcohol, tobacco (vaping is prohibited)); or

·       In our sole judgment, messages or content that are objectionable or that restrict or inhibit any other person from using or enjoying his or her device or email or other communications service, or that may expose us or others to any harm or liability of any type;

You agree that you will not use the Service to violate any law, rule, regulation or third party right. In addition, you agree not to:

·       Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information in any message created or sent using the Service;

·       Share your Account credentials with anyone;

·       Engaging in spamming, or other unsolicited, unwanted, or harassing advertising, marketing or other activities, including any activities that violate applicable anti-spamming, data protection, or privacy laws and regulations, including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, the Telephone Consumer Fraud & Abuse Prevention Act, the Children’s Online Privacy Protection Act, or the Do-Not-Call Implementation Act;

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4. LEGAL COMPLIANCE

You must comply with all Applicable Laws in the United States including, but not limited to:

·       The FTC Act’s “Truth in Advertising” Rules and Section 5 of the FTC Act 15 U.S.C. § 45;

·       The Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227;

·       The FCC Telemarketing Regulations implementing the TCPA, 47 C.F.R. § 64.1200, and FCC declaratory rulings and orders;

·       Telemarketing Consumer Fraud and Abuse Prevention Act (the Telemarketing Act), 15 U.S.C. §§6101 et seq.;

·       The FTC’s Telemarketing Sales Rule (TSR) implementing the Telemarketing Act, 16 C.F.R. §§310.1 et seq.;

·       The National Do-Not-Call Registry established by the Federal Communications Commission, 47C.F.R. § 64.1200, and the Federal Trade Commission, 16 C.F.R. § 310.4, which can be accessed at https://www.donotcall.gov ;

·       State Do-Not-Call Registries;

·       State telemarketing and do-not-call laws and regulations that impose additional requirements as well as more restrictive requirements than the federal laws and regulations referenced above;

·       State laws related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording, as some states require you to obtain consent from all parties to record a conversation;

·       Applicable carrier guidelines (e.g. T-Mobile Code of Conduct) or wireless industry guidelines and standards including, without limitation, the CTIA’s Messaging Principles and Best Practices, the CTIA’s Short Code Monitoring Handbook, and the Mobile Marketing Association’s Consumer Best Practices (collectively, CTIA Policies);

·       U.S. Carriers have more stringent policies for sending communications through their networks and services. Note that the consent requirements defined by the CTIA and Twilio’s Messaging Policy are in addition to the minimum requirements defined by the TCPA. This means the consent requirements for sending SMS messages through U.S.Carrier networks may exceed what may be legally required under TCPA. For more information on consent requirements, see Twilio’s Messaging Policy and Twilio’s Article on SMS Compliance and A2P 10DLC in the US.

You also must comply with all Applicable Laws in Canada, including, but not limited to:

·       The Canadian Radio-television and Telecommunications Commission’s (CRTC) Unsolicited Telecommunications Rules;

·       The Unsolicited Telecommunications Rules (the Rules) in Telecom Decision 2007-48 and addition sand modifications to the Rules in subsequent decisions;

·       The National Do Not Call List Rules;

·       The Personal Information Protection and Electronic Documents Act (PIPEDA) rules related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording; and

·       Provincial or territorial laws that impose more restrictive requirements than the federal laws and regulations referenced above.

·       You further agree that at Echoline’s sole option and without further notice, Echoline may use technologies and procedures, such as filters, that may terminate any services or communications, including but not limited to unsolicited advertisements, transmitted in violation of Applicable Law, without delivering them. Echoline may immediately terminate your right to use the Services without liability of any kind in the event of a breach of the terms of this AUP, including but not limited to all Applicable Laws referenced in this AUP.

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5. INDEMNITY; CONSEQUENCES OF NON-COMPLIANCE

PLEASE READ THIS CAREFULLY

We reserve the right to suspend or terminate Your access to the Services if they violate this Policy, at our discretion.

Text messaging campaigns that do not comply with U.S. Carrier (e.g., T-Mobile, Verizon, and AT&T) requirements may incur penalties from the carriers for the offending traffic. Any such penalties will be transferred from Us to the You.

YOUSHALL INDEMNIFY, DEFEND AND HOLD ECHOLINE AND ITS RESPECTIVE AFFILIATES,SUBSIDIARIES AND OFFICERS, MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES,PARTNERS AND DESIGNATED AGENTS, AND LICENSORS THEREOF HARMLESS FROM ANY AND ALLLIABILITIES, LOSSES, CLAIMS, DEMANDS, ACTIONS, PROCEEDINGS, DAMAGES, COSTS ANDEXPENSES INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES AND EXPENSES INCONNECTION WITH ANY SUIT OR CLAIM, INCLUDING THOSE ARISING OUT OF: (I) ANYBREACH BY THE USER OF TERMS OF THIS POLICY, INCLUDING, WITHOUT LIMITATION, ANYREPRESENTATION, WARRANTY, DUTY OR OBLIGATION CONTAINED HEREIN, (II) ANYFRAUDULENT CONDUCT COMMITTED OR NEGLIGENCE BY THE USER.

6. REPORTING VIOLATIONS AND HOW TOCONTACT US

If you became aware of violations of this Policy by any User or You have received any messages You didn`t consent to from our Users – please let us know about it to this email: legal@echoline.app