The terms and conditions on this page apply to both users of DT's web-based user interface and anyone using an application programming interface (API) in connection with the DT service.
DT provides businesses and organizations with a variety of tools to collect names, phone numbers, email addresses, and other information on an opt-in basis. DT also provides a tool to help you import subscriber data. However, contact information may be imported only if the subscribers gave full consent to receive a specified type of messaging from your organization. Proof of such specific consent is required as part of the certification process before the import of contact information.
In addition, industry regulations prohibit text-to-win campaigns by shared short code or transmitting undesirable content such as violence, pornography, alcohol, illegal drugs, and other prohibited material described in this document.
DT's service may NOT be used for sending any unsolicited messages (commonly known as spam) except for government-sanctioned cases such as financial and healthcare alerts. You agree to the privacy and anti-spam policies described in this document and agree to enforce the indicated permission-based marketing practices with anyone using your account as required by law. You agree to assume full responsibility and accept the legal consequences of any action by anyone using your account.
DT reserves the right to suspend or terminate your account at any time, at its sole discretion, and without prior warning or refund if your account activity is reasonably believed to violate any term in this agreement or applicable law. Violation of applicable anti-spam regulation may also cause third-party legal action against you. DT also reserves the right to refuse service if DT believes that your conduct is harmful to the interests of DT and its affiliates. DT reserves the sole discretion and right to permanently delete archived data after 90 days.
DT has a no-tolerance policy toward spam. Although DT does not assume the duty or obligation to monitor messages, DT reserves the right, in its sole and absolute discretion, to monitor any and all messages created or sent by you or any third party at any time without prior notice to ensure that they conform to guidelines and policies pertaining to our Website and services.
Every outgoing email via the DT service must contain a link that allows the recipient to unsubscribe from your distribution list(s). Voice broadcasts also must include verbal instructions for opting out of your calling list. All mobile messages must conform to the latest available best-practice guidelines published by the Mobile Marketing Association (currently available at http://www.mmaglobal.com/policies/consumer-best-practices), which you agree to review before using DT's service. For example, and without limitation, every SMS message must include "STOP" instructions.
IMPORTANT for Mobile Keywords: You must include the opt-in disclosure shown below in all of your promotional materials in all media: website, printed material, digital and event promotions, broadcasts, and any other material promoting your mobile keyword. The Telephone Consumer Protection Act (TCPA) and Cellular Telephone Industries Association (CTIA) strictly prohibit omission of this disclosure in whole or in part. Failure to include the following terms may result in suspension of your mobile keyword without warning as well as third-party legal action.
Summary Terms & Conditions: Our mobile text messages are intended for subscribers over the age of [minimum age] and are delivered via U.S. short code [short code]. You may receive up to [message count] message(s) per month for [messaging program or content]. Message and data rates may apply. This service is available to persons with text-capable phones subscribing to AT&T, Verizon Wireless, T-Mobile®, Sprint, Virgin Mobile USA, Cincinnati Bell, Centennial Wireless, Unicel, U.S. Cellular®, or Boost. For help, text HELP to [short code], email [support email], or call +1 [support phone number]. You may stop your mobile subscription at any time by text messaging STOP to short code [short code].
The following terms and information (ending at "Warranty Disclaimer") constitute an introduction to the concept of spam and the general contours of a responsible, permission-based campaign. This general information is not an exclusive source for applicable laws, guidelines, and compliance responsibilities pertaining to your use of DT's service. In the event of any conflict between the information below and any law or industry regulation, you are to observe the applicable law or regulation.
What is spam? Spam is any type of unsolicited message. You should not assume that an existing relationship with any message recipient constitutes permission to send messages. For example, if a customer disclosed a mobile number in the course of business but did not give you specific permission to send messages, you cannot send messages to that number. Before using DT's service, you agree to review and abide by the following linked resources and to check for any revisions, as they may be amended over time.
TCPA, CAN-SPAM Act, MMA, CTIA, CRTC (for sending messages to Canada)
What constitutes consent? As required by law, all message recipients must be clearly and fully notified of (1) the collection of their contact information, (2) the purpose of its collection, and (3) the use of their contact information, and they must give explicit consent prior to receiving your call or message. The required record of consent differs depending on the nature of your message. Solicitation messages require prior WRITTEN consent. You must obtain consent even if you have had prior business relations with the recipients. Purchasing a product or service from you, participating in an event with you, or "liking" or "following" your business on Facebook or Twitter does not constitute consent to receiving messages from you. If you require confirmations of opt-ins to your service but do not receive a response from a given contact, you do not have sufficient consent and may not send messages to that contact.
What constitutes prior express written consent? If you are sending text or voice solicitations, your campaign must meet the "prior express written consent" standard. The revised TCPA rule defines prior express written consent as a signed written agreement that clearly and conspicuously discloses the following to the consumer.
1) Signing the agreement authorizes the seller to deliver telemarketing messages to a designated phone number by use of an automatic telephone dialing system.
2) 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.
As indicated in the ESIGN Act, the required signature may be obtained via email, online form, text message, telephone keypad, or voice recording. For more details on the revised TCPA regulation, click here.
You agree that you will not access or otherwise use any third-party list of email addresses or phone numbers or otherwise engage in unsolicited messaging in connection with our service.
You agree that you will import, add, edit, access and otherwise use in connection with DT's service only contact information with proof, which you shall retain, of each subscriber's' prior express written consent to receive solicitation from you. DT reserves the right, at its sole and absolute discretion, to deny access to import functions, to impose a stringent qualification process, to require proof of consent or opt-in method, or to require documentation of your or your organization's legal identity.
You agree to represent truthfully your identity, the identity of your organization, your product or service, availability, pricing, benefits, and any other offering aspects to your subscribers in all messages.
You agree to comply with all local, state, and federal regulations as well as general practices governing your content or promotion type.
DT reserves the right to determine any violation of this Acceptable Use Policy at its sole discretion. DT's services may be used for only lawful purposes. Using the services in an illegal or abusive manner or any other manner that interferes with or diminishes others' use or enjoyment of the services is prohibited.
The following list gives examples of illegal, abusive, interfering, or otherwise illicit use of the services. This list is provided by way of example and shall not be considered exhaustive.
Adversely affecting the availability, reliability, or stability of DT's services
Launching or facilitating, whether intentionally or unintentionally, a denial-of-service attack on any of DT's services
Attempting to bypass, disable, or impair any security measure or otherwise using the services in any manner posing a security or service risk to DT, any DT client, or any of their subscribers
Testing or reverse-engineering the services in order to evade filtering capabilities or to find limitations or vulnerabilities
Using the services in any manner that may subject DT or any third party to liability, damages, or danger
Using the services in any manner that violates any applicable third-party policy or requirement
Using the services in any manner that violates the Mobile Marketing Association's guidelines or best practices, carrier guidelines, or any other industry standard
Promoting or engaging in any illegal activity, including but not limited to fraud, in any connection with your account
In message transmission or any other manner violating, infringing, or misappropriating the rights of any third party, including but not limited to trademarks, copyrights, and rights of publicity
Harvesting or otherwise collecting without consent information including but not limited to email addresses and phone numbers
Engaging in spamming or any other activity that violates anti-spamming laws and regulations, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and the Do-Not-Call Act
Using the services in connection with any unsolicited or unwanted transmissions (commercial or otherwise), including but not limited to phone call, text message, and voicemail
Offering any emergency services ("emergency services" meaning any communications connection to emergency personnel or to public-safety answering points such as 911 and E911)
Using your account to mislead others as to the identity of the sender or the origin of a message or phone call by any means including but not limited to a false identity, a misleading email address or phone number, and a forged header
Violating or facilitating the violation of any U.S. or foreign law governing the transmission of technical data or software
Interfering with or disrupting any network connected to DT services or violating the regulations, policies, or procedures of any such network
Using the DT services or any component thereof in a manner not authorized by DT
DT PROVIDES ITS SERVICE AND ALL RELATED CONTENT ON AN "AS IS" BASIS. DT AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, DT DISCLAIMS ALL WARRANTIES, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
WITH THE EXCEPTION OF TERMS INDICATED IN ANY SEPARATE SERVICE LEVEL AGREEMENT, DT DOES NOT WARRANT THAT ITS SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED OR WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS OR THAT ANY STORED DATA WILL BE SECURE OR SAFE FROM LOSS OR DAMAGE. ALTHOUGH DT SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTION, DT WILL ATTEMPT TO REROUTE TRAFFIC THROUGH ANOTHER SHARED SHORT CODE IF THE PRIMARY SHORT CODE IS IMPAIRED.
NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY DT, ITS EMPLOYEES, LICENSORS, LICENSEES, AFFILIATES, OR AGENTS OR BY ANY OTHER THIRD PARTY SHALL CREATE ANY WARRANTY. NOR MAY YOU OR YOUR SUBSCRIBERS INTERPRET ANY SUCH INFORMATION OR ADVICE AS SUCH REPRESENTATION.
You hereby acknowledge and agree to the following terms, subject in each case to the terms indicated elsewhere in this agreement.
The service will be subject to monthly or yearly software license fees
Some features may not be permissible under the laws of certain jurisdictions. You agree that you bear sole control and responsibility over compliance with any such laws and assume sole liability for any noncompliance.
DT is not required to provide data outside the system that are already available through the user interface, including but not limited to exported files containing specific messages, subscriber phone numbers, and opt-out lists.
You are not allowed to import or incorporate (into any contact list, message, social campaign) or upload (to DT servers) any of the following information: social security numbers, national insurance numbers, credit card numbers, passwords, security credentials, or sensitive personal or medical information of any kind.
Text-to-win sweepstakes may be approved only by use of a dedicated short code. Shared short codes may not be used for such promotions.
If any provision of this agreement is found to be unenforceable or invalid, such provision shall be limited or annulled to the minimum necessary extent to leave the remainder of this agreement fully enforceable and valid.
You and DT agree that this agreement is a factual and necessary statement of the mutual understanding and working relationship of the parties and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No verbal exception or agreement with any DT representative will be honored. No delay or omission by DT in exercising any right or remedy under this agreement or existing at law or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created as a result of this agreement, and you have no authority of any kind to bind DT in any respect whatsoever.
In any action or proceeding with you to enforce DT's rights under the Agreement, you agree that DT will be entitled to recover its costs and attorneys' fees.
The agreement shall be governed by the laws of the State of California, without regard to its choice of law or conflict of law's provisions. All legal actions in connection with the agreement shall be brought in the state or federal court located nearest Los Angeles, California.
DT reserves the right to refuse, suspend, disable, or terminate any party's service, in whole or in part, at any time, for any reason, and without notice. DT shall bear no liability to you or any third party for any direct, indirect, incidental, special, or consequential damages due to any manner of use or inability to use service elements including but not limited to short codes, mobile keywords, online signup pages, API keys, login access, the control panel, and DSP email servers.