SMS Terms And Conditions

TruCentive, Inc. SMS Terms and Conditions

Effective date: December 1, 2021

1. Overview. These SMS Terms and Conditions sets forth more detail regarding both TruCentive, Inc. (“TruCentive”) and Merchants or Purchasers working with TruCentive (collectively, “Senders”) communicating with other users of its Services (“Recipients”) via text message regarding Instruments, Envelopes and certain other products and services offered by such Senders.  These SMS Terms and Conditions may refer below to “you” in your role as either a Sender or a Recipient, depending on the context.  Your use of the Services is at all times subject to the Terms of Use, which incorporates these SMS Terms and Conditions.  Any capitalized terms we use in these Terms and Conditions without defining them have the definitions given to them in the Terms of Use.

2. Terms Applicable to Senders of Messages. As part of the Services, Senders may send Envelopes, Instruments or other marketing materials to Recipients through the use of short message service (“SMS”) or text messages (collectively referred to as “Messages”). You must have clear and explicit permission from each Recipient to send such Recipient automated text messages via the Services before you send any Envelopes, Instruments or other Messages to such Recipient through the Services.  If you do not have such permission to send Messages to a Recipient, you must not send any Messages through the Services to that Recipient.  TruCentive has no liability for any Message sent to any Recipient without their prior consent, and the Sender shall indemnify and hold harmless TruCentive for any liabilities or costs arising from such Sender sending of any Message without such consent or in violation of any of the laws, regulations or rules specified in the next paragraph.  You must provide each Recipient a clear method to opt out of receiving additional Messages from you at any time.

The Telephone Consumer Protection Act (the “TCPA”) may apply to any Envelopes and/or Instruments you send through the Services that are received by a Recipient in a Message.  You, as the Sender of any Message, will be responsible for complying with the TCPA, all regulations promulgated under the TCPA, any applicable state laws and with the rules and guidelines of any mobile carrier or communications platforms through which your Messages may be transmitted.  You may not use the Services to send Envelopes and/or Instruments via Messages to telephone numbers that may not legally receive such Messages under the TCPA and/or applicable state law.

3. Terms Applicable to Recipients of Messages. As part of the Services, Senders may send you Messages if you opt in to receiving such Messages.  If you opt into receiving marketing text messages from a Sender by following the directions from such Sender (for example, by texting a particular word seen in an advertisement to the number provided by such Sender or by clicking an opt-in box in an online click-through screen), you understand you will receive marketing text messages from such Sender, which may include (but is not limited to) gifts, coupons, event notifications, product information or other promotional content.  Once you opt in, you will have an opportunity to confirm your interest in receiving these messages via a reply or response (by clicking on a link) to an initial text message you receive. Your consent is not a condition to receive any Instrument or to purchase goods or services from any Sender.  Opting in to receive messages from one Sender does not automatically opt you in to receive messages from other Senders.  Senders must provide you a clear method to opt out of receiving additional Messages at any time.

4. No Liability of TruCentive. With respect to texts from Merchants or other Senders, you understand and agree that though the Sender uses our Services to send you these Messages and they may relate to the Instruments or other TruCentive Services, these Messages are sent by the Sender, and not by TruCentive.  TruCentive may also contact you via a phone number you provide, as described in the Privacy Policy.  As described in the Terms of Use, any dispute you may have with the Sender is between you and the Sender, and you release TruCentive from any related liability.  TruCentive does not charge a fee for your opting in to receive Messages from Senders; however, message and data rates may apply from your mobile carrier.  TruCentive does not have any control over these rates, nor any other obligations you may have to your mobile carrier in connection with your text messaging service.  By opting in to receive Messages from a Sender, you are accepting any such charges from your mobile carrier.  TruCentive does not control how these fees are charged to or collected from you.

5. Unsubscribing from Messages. To stop receiving Messages from an individual Sender, text STOP (or other terms shown the Message for unsubscribing) to the number from which you received the last text message from such Sender.  Please note that opting out of receiving text messages from a Sender will only unsubscribe you from messages sent by that Sender; other Senders may still send you messages if you have opted in to receive them, and you must unsubscribe from each such Sender’s text messaging program separately.  Following a request to unsubscribe from a particular Sender’s texts, you may receive one (1) final message from that Sender confirming that you have been inactivated with respect to texts from that Sender.

6. Additional Terms and Conditions. As with all TruCentive Services, we reserve the right to terminate the text messaging program, in whole or in part, at any time without notice, and TruCentive is not responsible for any content you may receive in any Message.  The information in any Message may be subject to certain time lags and/or delays. TruCentive does not promise that this Service is available across all carriers, and is not liable for delayed or undelivered Messages.

For more information, call: 1-415-386-8600 or contact support@TruCentive.com.