Messaging Policy

This Messaging Policy (“Policy”) is based upon the relevant provisions in our Software as a Service Agreement and is applicable to all EasySmartWiFi Services that may be used for transmitting emails, SMS/Text, Tweets or any other methods to message or deliver communications to Guests or Contacts (“Covered Services”). Our Software as a Service Agreement is located at https://wifimarketing.tech/saas-agreement/. Your use of our messaging services indicates your agreement to comply with this Policy. If you do not agree, then do not use the messaging services in the platform(s).

You agree to EasySmartWiFi’s Messaging Policy as a precondition to use of Covered Services. Covered Services may be used only for sending mails or messages to persons from whom you have an express permission to send mails or messages on the subject of such mail or message, such as permission-based email marketing or express opt-in to SMS lists. We are very serious about our Anti-SPAM Policy. If we discover that you are sending emails, SMS or and other type of messages to people without their permission, we reserve the right to terminate your user account and pass to YOU any costs, fees, citations, penalties, or fines for non-compliance or violations of any government agency or third-party service provider.

E-Mail compliance with anti-SPAM rules:
If you use EasySmartWiFi services to send e-mail campaigns, then your e-mail must be compliant with the CAN-SPAM Act and your local laws regarding sending e-mail messages. You can read about the CAN-SPAM Act by visiting the FTC website.

By “permission” we mean express and provable permission granted to you.

The rule of thumb is “Do not use Covered Services to send mails or messages to email addresses to which you do not have express permission to send emails on the subject of the email.” We insist on 100% compliance with the above rule.

SMS compliance with CAN-SPAM, CTIA, TCPA and other rules (based on your locale):
If you use EasySmartWiFi services to send SMS messages, then your message must be compliant with your local laws and carrier
policies regarding sending SMS messages. You must fully comply with the Telephone Consumer Protection Act and guidance from the CTIA. You must collect an express and provable permission permitting you to send such messages; we may discontinue or limit services if we believe that your consents are incompatible with law or best practices. You may not use autodialers to send text messages.

All SMS campaigns will be registered with upstream carriers using your Federal TAX ID Number which MUST be supplied to us prior to any provisioning of the SMS service.

EasySmartWiFi does not provide legal advice, and you should consult with a qualified attorney to understand and ensure that your use of messaging services fully complies with law.

SMS Traffic

If you intend to send over 6000 messages per day then you will be automatically upgraded to a high-volume SMS plan for additional fees. Please contact the support team for additional information. 

Periodic Messages and Ongoing Consent

If you intend to send messages to a 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. 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.

Identifying Yourself as the 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, or, in the case of an email, by easily clicking an unsubscribe link. After an individual has opted out, an individual must once again provide consent before you can send any additional messages.

Usage Limitations and Content We Do Not Allow

The key to ensuring that messaging remains a great channel for communication and innovation is preventing abusive use of messaging platforms. That means we never allow some types of content on our platform, even if our customers get consent from recipients for that content. EasySmartWifi Acceptable Use Policy prohibits sending any content that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public, even if the content is permissible by law. Other prohibited uses include:

Anything that is illegal in the jurisdiction where the message recipient lives. Examples include, but are not limited to:

  • Cannabis. Messages related to cannabis are not allowed in the United States as federal laws prohibit its sale, even though some states have legalized it. Similarly, messages related to CBD are not permissible in the United States, as certain states prohibit its sale. EasySmartWiFi defines a cannabis message as any message which relates to the marketing or sale of a cannabis product, regardless of whether or not those messages explicitly contain cannabis terms, images, or links to cannabis websites.
  • Prescription Medication. Offers for prescription medication that cannot legally be sold over-the-counter are prohibited in the United States.
  • Hate speech, harassment, exploitative, abusive, or any communications that originate from a hate group.
  • Fraudulent messages.
  • Malicious content, such as malware or viruses.
  • Any content that is designed to intentionally evade filters.

 

Compliance Considerations

EasySmartWiFi’s customers, including their end users and clients, must comply with applicable laws, regulations, EasySmartWiFi’s policies, including, but not limited, to the SaaS Agreement and this Messaging Policy, and industry standards, including, but not limited to, telecommunications providers’ policies.

U.S. telecommunications providers may assess fees for non-compliant A2P traffic, and EasySmartWiFi will pass these fees onto you.

For example, T-Mobile non-compliance fees are as follows: 

  • 10DLC Long Code Messaging Program Evasion: A $1,000 pass-through fee if a program/campaign is found to be using techniques such as snowshoeing, or unauthorized number replacement/recycling.
  • Content Violation: After prior warning, a $10,000 pass-through fee may be imposed for each unique instance of content violating the T-Mobile Code of Conduct involving the same sender/content provider. This includes SHAFT (Sex, Hate, Alcohol, Firearms, Tobacco) violations, spam, phishing, and messaging that meets the Severity 0 violation as defined in the CTIA Short Code Monitoring Handbook.

Your use of Covered Services signifies your unconditional acceptance of this Messaging Policy.

If you have any questions about our Policy, or if you want to report spamming or violating activity by one of our customers, please contact our Abuse Department at:

Postal Address:

Easy Smart Wifi / Panthera Development Group LLC 12oo S Pine Island Rd #600, Planttion, FL 33324

 

Email:

frank @ easysmartiwfi.com 

 

Updates to this Policy:

We may update this Policy from time to time. If we make any changes to this Policy, we will change the “effective date” below and will post the updated Policy on this page. Continuing to use our Services after we publish changes
to this Policy means you are consenting to these changes.

If you wish to unsubscribe from messaging communication from EasySmartWiFi, you may e-mail us at frank @ easysmartiwifi.com. Additionally, most of our email distributions contain an “unsubscribe” link and any SMS messages sent from our systems can be
prevented by replying to the text message with the word “Stop”.

If you have any questions about this Policy, please contact us at frank @ easysmartiwifi.com or by writing to us at:

Easy Smart Wifi / Panthera Development Group LLC 12oo S Pine Island Rd #600,

Planttion, FL 33324

Effective date: April 7, 2023