1. Overview
ScaleFury offers text messaging (SMS and MMS) capabilities as part of its communications platform. This document outlines the terms and conditions governing text messaging through ScaleFury, including consent requirements, message types, opt-out procedures, and compliance obligations.
2. Consent
2.1 Your Consent to Receive Messages from ScaleFury
By providing your phone number to ScaleFury (during account registration, form submission, or other interactions), you consent to receive text messages from us. These may include account notifications, security alerts, and service updates.
Consent is not required as a condition of purchase. You may use ScaleFury without opting in to text messages.
2.2 Your Customers' Consent
If you use ScaleFury to send text messages to your customers and leads, you are responsible for obtaining proper prior express written consent from each recipient before sending any messages. This includes:
- Obtaining consent that clearly discloses the types of messages the recipient will receive.
- Informing recipients of the message frequency.
- Disclosing that message and data rates may apply.
- Providing clear opt-out instructions.
- Maintaining records of consent for compliance purposes.
3. Types of Text Messages
3.1 Messages from ScaleFury to You
- Account verification and two-factor authentication codes
- Security alerts and suspicious activity notifications
- Service updates and platform notifications
- Appointment reminders (if applicable)
3.2 Messages You Send Through ScaleFury
- Lead follow-up and appointment confirmations
- Promotional campaigns and offers
- Customer service and support communications
- Review requests and feedback solicitations
- Automated drip sequences and nurture campaigns
4. Message Frequency
Message frequency varies based on your account activity and the campaigns you configure. ScaleFury-initiated messages (account alerts, security codes) are sent as needed and are typically infrequent.
For messages you send to your customers through ScaleFury, you control the frequency. We recommend following industry best practices and sending no more than necessary to maintain engagement without overwhelming recipients.
5. Opt-Out Instructions
5.1 Opting Out of ScaleFury Messages
You can opt out of text messages from ScaleFury at any time by:
- Replying STOP to any text message from us.
- Updating your notification preferences in your account settings.
- Contacting us at [email protected].
After opting out, you will receive a confirmation message. You will no longer receive promotional text messages, but may still receive critical security and account alerts.
5.2 Your Customers' Opt-Out Rights
All text messages sent through ScaleFury must include opt-out instructions. Recipients must be able to reply STOP to immediately cease receiving messages. You must honor all opt-out requests promptly and maintain a suppression list.
6. Message and Data Rates
Standard message and data rates from your wireless carrier may apply to text messages you send or receive. ScaleFury is not responsible for any charges imposed by your carrier. Contact your carrier for details about your messaging plan.
7. TCPA Compliance
ScaleFury complies with the Telephone Consumer Protection Act (TCPA) and expects all users to do the same. Key requirements include:
- Prior express written consent is required before sending marketing or promotional text messages.
- Prior express consent is required for informational or transactional messages.
- All messages must include clear identification of the sender.
- Opt-out requests must be honored immediately.
- Messages may not be sent before 8:00 AM or after 9:00 PM in the recipient's local time zone.
- Do-not-call lists must be maintained and respected.
Violation of TCPA can result in significant penalties. ScaleFury reserves the right to suspend or terminate accounts that violate TCPA or other messaging regulations.
8. Carrier Disclosures
Carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your wireless carrier. ScaleFury does not guarantee message delivery.
Supported carriers include but are not limited to: AT&T, Verizon, T-Mobile, Sprint, and other major U.S. carriers. Carrier availability may vary.
9. Privacy
Phone numbers and messaging data are handled in accordance with our Privacy Policy. We do not sell phone numbers or messaging data to third parties. Phone numbers collected for messaging purposes are used solely to deliver the requested communications.
10. Help and Support
For help with text messaging, reply HELP to any ScaleFury text message or contact us: