This SMS Messaging Addendum (“Addendum”) supplements the Act! Terms of Service (the “Agreement”) between Act! LLC (“Act!”, “we”, “us”) and the customer identified in the Order (“Customer”, “you”). Capitalized terms not defined here have the meanings in the Agreement. This Addendum applies only if Customer purchases or activates the SMS Messaging Add-On (the “SMS Service”) for messaging to recipients in Australia and/or New Zealand.
1. Scope; Providers; Priority of Terms
1.1 Scope. The SMS Service enables sending and receiving application-to-person (A2P) text messages.
1.2 Providers. The SMS Service is delivered through third-party communications providers, carriers, and their sub-processors (“Providers”).
1.3 Priority. If this Addendum conflicts with the Agreement, this Addendum controls for the SMS Service.
1.4 Dynamic Rules. Customer must comply with all applicable telecommunications, marketing, and privacy laws, industry codes, and carrier/platform rules for Australia and New Zealand. These requirements may change and Customer will comply with updated requirements when they take effect.
1.5 Provider/Route Changes; Updates to Terms. Act! may change Providers or routing, modify technical requirements, and update this Addendum to reflect changes in law or in carrier or platform rules. Act! will provide notice (for example, by email or via the admin console). Where a change is required by law, regulator, carrier, or platform, the change may take effect immediately upon notice; otherwise, material adverse changes will take effect no earlier than 30 days after notice. Continued use of the SMS Service after the effective date constitutes acceptance of the updated terms.
1.6 Order Controls (Pricing/Allotments). Notwithstanding anything to the contrary, the Order governs any pricing, plan inclusions or exclusions, usage allotments, limits, geographies, and number/sender configurations for the SMS Service. If there is any inconsistency between this Addendum and the Order on those subjects, the Order prevails.
2. Registration; Originators; Sender IDs; Numbers
2.1 Registration & Vetting. Customer is responsible for completing all required registrations, verifications, approvals, and brand/campaign vetting in Australia and New Zealand (including any local registries, brand vetting, short‑code leasing/hosting, and sender‑ID approvals).
2.2 Numbers and Sender IDs. Phone numbers, short codes, toll‑free numbers, long codes, and alphanumeric sender IDs (collectively, “Numbers”) may be provisioned solely for use with the SMS Service. Numbers are not sold to Customer and may be modified or reclaimed per carrier/industry rules. Porting may be limited.
2.3 Changes; Re‑verification. Carriers and Providers may impose or modify registration requirements, vetting criteria, throughput limits, or other controls at any time. If rules change or upon request, Customer will promptly cooperate in re‑verification, re‑registration, or new registration processes and implement any resulting changes within required timelines.
2.4 Australia – Sender ID Registration. If Customer uses an alphanumeric sender ID in Australia, Customer must complete required Sender ID registration and verification steps. From 15 December 2025, unregistered sender IDs may be blocked, labeled, or altered by networks; Act! is not liable for related disruption.
2.5 New Zealand – Two‑Way & Reply Path. Customer must use a reply‑capable originator in New Zealand and ensure recipients can cancel by replying with standard opt‑out keywords (for example, STOP). Customer will not send “do not reply” messages for programs that require two‑way capability. Certain programs, especially promotional messaging, may require a registered short code.
3. Consent; Opt‑Out; Disclosures; Recordkeeping
3.1 Consent. Before sending any message, Customer will obtain and maintain all legally required consents appropriate to the message type and destination.
3.2 Opt‑Out. Customer will provide and honor a functional opt‑out mechanism. Customer will promptly process opt‑out requests and suppress further messaging to opted‑out recipients.
3.3 Disclosures. Programs must disclose the brand/identifying sender, purpose, frequency (if applicable), clear opt‑out instructions (for example, “Reply STOP to end”), a help contact method, and a link to program terms and privacy notice. Where replies are standard‑rated, disclose that standard SMS charges may apply.
3.4 Recordkeeping. Customer will maintain verifiable records of consent, program terms, and opt‑outs and will promptly provide evidence upon reasonable request from Act!, a Provider, a carrier, or a regulator.
3.5 Australia Requirements. Comply with the Spam Act 2003 and regulations and ACMA guidance, including clear sender identification and a functional unsubscribe that is easy to use and actioned within required timeframes; maintain evidence of consent and unsubscribe actions.
3.6 New Zealand Requirements. Comply with the Unsolicited Electronic Messages Act 2007 and DIA guidance: provide accurate sender identification and a functional unsubscribe facility that remains valid for at least 30 days after the message; enable two‑way messaging where required and allow recipients to TXT STOP to cancel.
4. Content Standards; Prohibited Conduct
4.1 Standard. Customer must ensure all messaging is lawful, accurate, non‑deceptive, appropriate for the intended audience, and respectful of recipient preferences.
4.2 Prohibited Content. Customer will not send or facilitate content that is illegal or otherwise restricted by carriers or industry codes, including:
- Child sexual exploitation or abuse imagery; human trafficking; instructions for illegal activity.
- Hate speech, incitement of violence, harassment, bullying, threats, defamation, doxxing.
- Fraud, phishing, impersonation, brand spoofing, misrepresentation of message origin.
- Malware, spyware, ransomware, or links to malicious software or exploits.
- Counterfeit goods, intellectual property infringement, or unlawful surveillance.
- Sale, promotion, or facilitation where prohibited or restricted by local law or carrier policy of: controlled substances; unlawful pharmaceuticals; illicit drugs or paraphernalia; weapons or explosives; gambling where not authorized; alcohol and tobacco (including e‑cigarettes/vaping) where prohibited; adult sexual content or services; payday lending; illegal debt collection practices; deceptive financial schemes; or speculative financial products restricted by carrier policies, including misleading cryptocurrency or ICO promotions.
- Sensitive categories without required approvals (for example, political, financial services, or health).
4.3 Prohibited Practices. Customer will not:
- Send unsolicited bulk or “snowshoe” traffic, harvest addresses, or use purchased lists.
- Use dynamic originators or rotate Numbers for the purpose of evading filtering or registration.
- Use grey routes, SIM farms, or otherwise circumvent carrier controls.
- Mask or falsify sender identity or headers; use unregistered sender IDs where registration is required.
- Send “do not reply” messages where a two‑way path is required.
- Use public URL shorteners broadly associated with abuse; if shortening is needed, use a branded or dedicated domain under Customer’s control.
Send emergency or life‑safety communications (the SMS Service is not an emergency service).
4.4 Filtering & Blocking. Providers and carriers may filter, delay, block, or tag messages based on content, traffic patterns, sender reputation, registration status, or policy violations.
5. Deliverability; Service Changes
5.1 No Guaranteed Delivery. Delivery and timing are not guaranteed. Factors outside Act!’s control may impact deliverability, including carrier policies, handset settings, spam filtering, network congestion or outages, or inaccurate recipient data.
5.2 Changes. Providers and carriers may change requirements, routes, throughput, fees, or technical standards. Act! may modify the SMS Service to maintain compliance or service quality.
5.3 Compliance Updates & Cooperation. Customer acknowledges that compliance requirements may change with little notice. Customer will implement necessary changes (including to consent capture, program terms, originators, and message templates) within the timelines required by carriers, platforms, or regulators.
6. Fees; Overage; Penalties and Fines
6.1 Included Charges; Basic Fees; Order Controls. Except as otherwise provided in the applicable Order, pricing for the SMS Service includes (a) Basic Fees for core use of the SMS Service and (b) the Allotted Messages for each billing period, in each case as specified in the Order. Basic Fees means the recurring subscription and usage charges for in‑scope messaging under the selected plan, as reflected in the Order. Allotted Messages means the quantity of in‑scope messages (and any associated plan limits or thresholds) included per billing period, as reflected in the Order. For clarity, charges may vary by destination, route class, message format, length/segments, media, encoding, number type, registration/verification status, and other carrier or platform factors; unless expressly included in the Order, such differentiated or premium charges are not included in the Basic Fees or Allotted Messages.
6.2 Overage Fees. If Customer’s usage exceeds the Allotted Messages or any other plan limits or thresholds stated in the Order, Act! may invoice overage fees at the rates set out in the Order or, if not specified, at Act!’s then‑current overage rates. Usage will be measured by Act!’s systems and records.
6.3 Extraordinary Fees. Act! may charge additional fees for extraordinary items outside the scope of the plan, such as expedited or premium registrations or reviews, dedicated or premium routes, dedicated short codes where not included in the plan, re‑verification or re‑registration triggered by Customer changes or non‑compliance, brand or campaign appeals, special carrier investigations or remediation, or other exceptional services requested by Customer.
6.4 Pass‑Through of Penalties and Fines. Customer is responsible for and will promptly reimburse Act! for any carrier, registry, or governmental penalties, fines, or formal assessments that are attributable to Customer’s traffic, program(s), or non‑compliance, including amounts directly charged to Act! to satisfy such penalties or fines.
7. Customer Responsibilities
7.1 Program & List Hygiene. Customer is solely responsible for message content, targeting, timing, list accuracy (including consent status), honoring opt‑outs, and removing ineligible recipients.
7.2 Security. Customer will secure its credentials and prevent unauthorized use.
7.3 Cooperation & Audit. Customer will cooperate with reasonable compliance reviews and promptly provide requested information to Act!, Providers, carriers, or regulators.
8. Suspension; Throttling; Termination
Act! or a Provider may suspend, throttle, or terminate the SMS Service, or block specific traffic, if:
(a) Customer breaches this Addendum, the Agreement, applicable law, carrier/industry rules, or acceptable‑use standards;
(b) traffic is suspected to be fraudulent, harmful, or non‑compliant; or
(c) required by a carrier or regulator, or necessary to protect network integrity or safety. Where feasible, Act! will provide notice of suspension and an opportunity to cure; however, immediate action may be required to comply with carrier or regulatory directives or to protect the network.
9. Data Handling; Privacy
9.1 Processing. Message content and metadata may be processed and transmitted by Act!, Providers, carriers, and their sub‑processors (including across borders) to provide the SMS Service, enforce policies, and comply with legal requirements.
9.2 DPA. The parties’ existing data processing terms under the Agreement apply. Customer is responsible for obtaining any privacy consents and disclosures required for its use of the SMS Service.
10. Indemnification
Customer will indemnify, defend, and hold harmless Act!, its affiliates, and their personnel from any claims, demands, fines, penalties, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
(a) Customer’s message content or data;
(b) lack of required consent or failure to honor opt‑outs;
(c) violation of laws, industry codes, carrier rules, or this Addendum;
(d) misuse of Numbers, sender IDs, or originators; or
(e) penalties or fines described in Section 6.4.
11. Disclaimers; Limitation of Liability
11.1 Disclaimers. To the maximum extent permitted by law, the SMS Service is provided “as is” and “as available,” without warranty of uninterrupted or error‑free operation or of delivery, timing, or performance.
11.2 Limits. Any liability arising from the SMS Service is subject to the exclusions and limitations in the Agreement. Act! is not liable for carrier, handset, or network issues outside its reasonable control.
12. Term; Survival
This Addendum co‑terminates with Customer’s subscription to the SMS Service. Sections 2–11 and any payment obligations relating to overages, extraordinary fees, or penalties/fines survive termination or expiration.