This Messaging & SMS Policy ("Policy") governs the use of SMS and MMS messaging features available through the SplashStreet platform (the "Service") operated by Tradebooks Pro LLC ("Company," "we," "us," or "our"). This Policy supplements our Terms of Service and Privacy Policy.

By using the SMS features of the Service, you ("Sender," "you," or "your") agree to comply with this Policy. You are the sender of record for all messages sent through your account and bear full legal responsibility for their content and delivery.

1. Scope

This Policy covers all SMS and MMS campaign messages sent through the SplashStreet platform to your business contacts. It applies to all business clients who use the Service to send promotional or marketing text messages.

SplashStreet acts as a technology platform that facilitates message delivery on your behalf. You are the sender of record and are independently responsible for compliance with all applicable messaging laws and regulations.

2. Sender Responsibilities & Consent Requirements

You must obtain valid prior express written consent from every individual before sending them marketing SMS messages through the Service. Consent requirements include:

Prior Express Written Consent (PEWC): Before sending any promotional message, you must have a clear, conspicuous written agreement from the recipient authorizing you to send marketing messages to their phone number. This consent must be obtained in a manner that complies with the Telephone Consumer Protection Act (TCPA).
One-to-One Consent (FCC Rule): Under FCC regulations effective January 27, 2025, consent to receive marketing messages must be specific to a single identified sender. Consent obtained through lead generators or shared consent forms that authorize messages from multiple businesses does not satisfy this requirement. Each business must obtain its own independent consent from each recipient.
Consent Documentation: You must maintain records of each recipient's consent, including the method of consent, the date and time consent was obtained, and the specific language the recipient agreed to. SplashStreet records consent metadata (timestamp, method, attestor identity, and IP address when available) for compliance and audit purposes.
Opt-In Confirmation: Upon enrolling a new contact, you must send an initial confirmation message that identifies your business, confirms their enrollment, discloses message frequency, states that message and data rates may apply, and provides opt-out instructions (e.g., "Reply STOP to unsubscribe").
Consent Is Voluntary: Consent to receive marketing messages must not be made a condition of any purchase, service, or transaction.

3. Automated Technology Disclosure

Messages sent through the SplashStreet platform are delivered using automated messaging technology, including automated telephone dialing systems and other electronic messaging systems, as provided by our infrastructure partner Twilio. By using the Service to send messages, you acknowledge that your recipients must be informed that messages may be sent using automated technology.

Your opt-in disclosures and confirmation messages should include language such as: "You agree to receive automated marketing text messages at this number. Consent is not a condition of purchase. Msg & data rates may apply. Reply STOP to unsubscribe."

4. Message Content Requirements

Every message sent through the Service must:

Identify the Sender: Include the name of your business so the recipient knows who is contacting them.
Include Opt-Out Instructions: Provide a clear way to unsubscribe (e.g., "Reply STOP to opt out").
Be Truthful and Non-Deceptive: Message content must be accurate, not misleading, and must not contain false claims or deceptive offers.

4.1 Prohibited Message Content

You may not use the Service to send messages containing:

Illegal content or content promoting illegal activities
Phishing, malware, or links to fraudulent websites
Hate speech, harassment, threats, or intimidation
Content targeting or exploiting minors
Deceptive or misleading claims, including fake urgency or bait-and-switch offers
Content that violates Twilio's Messaging Policy or Acceptable Use Policy

4.2 Carrier-Restricted Content (SHAFT Categories)

Mobile carriers and industry groups (including the CTIA) restrict or closely scrutinize messages related to certain content categories commonly known by the acronym SHAFT:

S — Sex: sexually explicit content, adult entertainment, dating services
H — Hate: hate speech, discriminatory content, extremist material
A — Alcohol: promotions for alcoholic beverages or alcohol-related businesses
F — Firearms: promotions for guns, ammunition, weapons, or related accessories
T — Tobacco & Cannabis: promotions for tobacco, vaping, CBD, cannabis, or related products

If your business operates in one of these industries (e.g., bars, breweries, vape shops, dispensaries, gun ranges, or adult-oriented businesses), your messages may be flagged, filtered, or blocked by mobile carriers and Twilio — even if the content is legal in your jurisdiction. SplashStreet cannot override carrier filtering decisions.

Businesses in SHAFT-adjacent industries should use conservative messaging, avoid explicit product references where possible, and be aware that delivery rates may be lower due to carrier-level content filtering.

5. Opt-Out Compliance

SplashStreet automatically processes the following opt-out keywords at both the carrier and platform level: STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT.

Opt-outs are processed immediately upon receipt.
A confirmation message is sent to the recipient acknowledging their opt-out.
No further messages of any type may be sent to an opted-out contact from your account.
FCC Rule (effective April 11, 2026): An opt-out request applies to all future automated messages from the sender, regardless of campaign type or topic. SplashStreet enforces this by marking opted-out contacts as unsubscribed from all campaigns associated with your business.
Re-messaging an opted-out contact requires fresh prior express written consent obtained independently — you may not rely on previous consent after an opt-out.

You must not attempt to circumvent opt-out mechanisms, re-add opted-out contacts without fresh consent, or contact opted-out individuals through alternative numbers or channels to continue marketing.

6. Frequency & Warm-Up

Message frequency varies based on your campaign schedule and subscription tier.
SplashStreet enforces a per-contact frequency minimum (configurable, default 42 days between messages to the same contact) to prevent over-messaging.
Daily sending caps are determined by your subscription tier and are enforced automatically.
New phone numbers are subject to a warm-up period with progressive daily sending caps to establish sender reputation with carriers.
A minimum of 24 hours is required between campaigns per business.

7. Monitoring & Enforcement

SplashStreet monitors opt-out rates and carrier feedback for all accounts. We reserve the right to review message content and sending patterns for compliance with this Policy, applicable law, and carrier requirements.

Accounts with opt-out rates exceeding 5% may be suspended pending review.
Carrier complaints may trigger immediate suspension of SMS capabilities.
Violations of this Policy may result in suspension or permanent termination of your account.
We may take action proactively or in response to carrier, Twilio, or third-party reports.

OpenAI's safety filters serve as an upstream defense for AI-generated campaign content, automatically blocking certain prompts before images are created. SplashStreet may additionally review generated content at our discretion.

8. Data Collected for Messaging

In connection with the messaging features of the Service, we collect and process:

Contact phone numbers (stored in E.164 format)
Message content and attached media (images)
Message delivery status and timestamps
Opt-in consent records (method, timestamp, attestor identity, IP address when available)
Opt-out records and timestamps
Short link click data (click timestamp, contact identifier, user agent, redirect URL)
SMS cost and billing data (per-message cost, recipient phone number)

For full details on how we handle this data, see our Privacy Policy.

9. Third-Party Messaging Infrastructure

SMS and MMS messages are delivered through Twilio, our messaging infrastructure provider. Twilio handles phone number provisioning, message routing, carrier delivery, and opt-out keyword processing at the carrier level.

Your use of SplashStreet's messaging features is subject to Twilio's Messaging Policy and Acceptable Use Policy, as well as CTIA messaging guidelines and individual carrier requirements.

10. Carrier Rate Disclaimer

Standard message and data rates may apply to recipients based on their mobile carrier and service plan. Neither SplashStreet nor the sending business is responsible for carrier charges incurred by message recipients. Mobile carriers are not liable for delayed or undelivered messages.

11. Geographic Scope

The messaging features of the Service are intended for recipients located in the United States and Canada.

Messages to US recipients must comply with the TCPA, FCC regulations, CAN-SPAM Act, and applicable state laws.
Messages to Canadian recipients must additionally comply with the Canadian Anti-Spam Legislation (CASL), including express consent and sender identification requirements.
International messaging beyond the US and Canada may be subject to additional laws and carrier restrictions. It is your responsibility to ensure compliance with the laws of the recipient's jurisdiction.

12. Applicable Laws

This messaging program is administered in compliance with applicable laws and industry standards, including:

Telephone Consumer Protection Act (TCPA)
FCC regulations and orders (including the one-to-one consent rule and April 2026 opt-out rule)
CAN-SPAM Act
Canadian Anti-Spam Legislation (CASL)
California Consumer Privacy Act (CCPA/CPRA)
CTIA Messaging Principles and Best Practices
State-specific messaging and consumer protection laws

You are independently responsible for understanding and complying with all laws that apply to the messages you send through the Service.

13. Compliance Tools Disclaimer

The compliance tools, documentation, and guidance provided through the Service — including consent tracking, opt-out handling, frequency controls, warm-up management, and the campaign approval process — are provided for your convenience and do not constitute legal advice. You are independently responsible for ensuring your messaging practices comply with all applicable laws, including the TCPA, FCC regulations, CAN-SPAM Act, and applicable state laws. We recommend consulting a qualified attorney for legal guidance specific to your situation.

14. Indemnification

Your use of the messaging features is subject to the indemnification obligations in Section 16 of our Terms of Service. You agree to indemnify, defend, and hold harmless Tradebooks Pro LLC from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from the messages you send through the platform, including claims related to TCPA violations, lack of recipient consent, message content, or any other violation of applicable laws or regulations.

15. Abuse Reporting

If you receive unwanted messages sent through the SplashStreet platform, or if you believe a SplashStreet user is violating this Policy, please report it to:

abuse@tradebookspro.com

Abuse reports are investigated within 24–48 hours. We may suspend the reported account during the investigation if the alleged violation poses an immediate risk.

16. Contact

For questions about this Policy or SplashStreet's messaging compliance practices, contact:

Tradebooks Pro LLC
Email: compliance@tradebookspro.com