PROHIBITED USES AND ACTIVITIES

1. No Infringing, Illegal, Threatening, Defamatory, and Offensive Uses. Users may not use the Services to violate any Applicable Law. "Applicable Law" includes all laws, rules, and regulations applicable to the User, User's business, or the subject matter of the Terms, including without limitation, laws governing the use of personal information, deceptive and misleading advertising, electronic commercial communications, telemarketing, and other similar laws, including without limitation the U.S. Telephone Consumer Protection Act of 1991, U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, the Canada Anti-SPAM Legislation, and all carrier rules and regulations such as the T-Mobile Code of Conduct, CTA Compliance Policies, and CTA Best Practices for Canadian Application-to-Person Messaging Programs. Users shall not use the Services for, or in connection with, the following:
   
1. Theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property.
   
2. Fraud; forgery; or theft or misappropriation of funds, credit cards, or personal information.
   
3. Impersonation of any person or entity, including, but not limited to, Text Groove personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity.
   
4. Harm minors in any way.
   
5. Making available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any Applicable Law or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities.
   
6. Making available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
   
7. Stalking or otherwise harassing any person or entity.
   
8. Export, re-export, or transfer of restricted software, algorithms or other data in violation of applicable export control laws.
   
9. Intentionally or unintentionally violate any applicable local, state, provincial, national or international law, treaty, or regulation, or any order of a court.
   
10. Deceptive practices such as posing as another service for the purposes of phishing or pharming.
    
11. Distributing any materials of a threatening or harmful nature, including without limitation threats of death or physical harm, or materials that are malicious, harassing, libelous, defamatory, or which facilitate extortion or harmful action.
    
12. Distributing any offensive materials, including without limitation obscene, pornographic, indecent or hateful materials and materials which promote gambling or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    
13. Sending unwanted telemarketing, promotional, or informational messages without necessary consents, rights, and licenses from recipients.
    
14. Sending messages in violation of the U.S. National Do Not Call Registry or related considerations under Applicable Law.
    
15. Send Protected Health Information unless allowed under Applicable Law.
    
16. Registering for more Accounts than for which fees have been paid or registering for an Account on behalf of another individual.
    
17. Advocating, encouraging, or assisting any third party in doing any of the foregoing activities.
    
2. Security and Interference. Users may not use the Services to violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of any network, electronic service, or other system that is accessible through, or in connection with, the Services. Users shall not use the Services in a manner that interferes with any other party’s ability to use and enjoy the Services, that interferes with Text Groove's or its service partners’ ability to provide the Services, or that otherwise may create legal liability for Text Groove or its service partners in Text Groove's sole discretion. Without limiting the foregoing, Users shall not use the Services for, or in connection with, the following:
   
1. Hacking, cracking into, or otherwise using the non-public areas of the Services or any other system without authorization.
   
2. Unauthorized probes or port scans for vulnerabilities.
   
3. Unauthorized penetration tests, traffic that circumvents authentication systems or other unauthorized attempts to gain entry into any system.
   
4. Web crawling which is not restricted to a rate so as not to impair or otherwise disrupt the servers being crawled.
   
5. Unauthorized network monitoring or packet capture.
   
6. Forged or non-standard protocol headers, such as altering source addresses.
   
7. Flooding.
   
8. Denial of Service (DoS) attacks of any kind.
   
9. Distributing unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
   
10. Operating network services such as: open proxies; open mail relays; or open, recursive domain name servers.
    
11. Sharing or publishing content from the Services to cause, or have the consequence of causing, the user of the content to be in violation of the Terms and this Policy.
    
12. Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
    
3. Spam. Users shall not use the Services for purposes of distributing text messaging “spam,” bulk unsolicited messages, or any other form of unsolicited electronic communications distributed on a bulk basis to recipients with which Users have no preexisting business or personal relationship. Users shall not use the Services to collect responses from spam. Users shall not harvest, collect, gather, or assemble information or data of users, including e-mail addresses, without their consent. Users are solely responsible for obtaining all necessary and appropriate rights, licenses, and consents from those person(s) and entity(ies) with whom they message or otherwise communicate via the Services, prior to commencing any such messaging or communication. Users shall not use the Services to send unwanted messages to individuals who have asked to stop receiving messages through any medium. To the extent required by Applicable Law, Users must track and record all such requests specific to their business. Users must also provide recipients of those MMS/SMS messages they send via the Services with conspicuous notice of their ability to opt-out from receiving any future text messages by texting STOP in a stand-alone message with no additional characters or punctuation. Without limiting the foregoing, Users shall not use the Services for, or in connection with, the following:
   
1. Sending pyramid schemes.
   
2. Sending chain letters.
   
3. Sending any mail in contravention of Applicable Law.
   
4. Altering or obscuring mail headers or assuming the identity of a sender without the explicit permission of that sender.
   
5. Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
   

CONTESTS AND SWEEPSTAKES

1. Compliance with Laws and Regulations. All contests and sweepstakes must adhere to relevant federal, state, and local laws and regulations, including but not limited to the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), Canadian Competition Act, and the Regie des Alcools, des Courses et des Jeux (RJAC).
2. Use of Contest Mode Flag. All contests and sweepstakes must use the Contest Mode flag where applicable in the Text Groove platform.
3. Free Alternate Method of Entry. Contests and sweepstakes must have a Free Alternate Method of Entry (No Purchase Necessary) as required by law where applicable.
4. Automatic Replies. Automatic replies for contest and sweepstakes entries must be limited to 1 message segment (160 characters or less, or 70 characters or less with Unicode characters).
5. Publication of Contest Rules. A comprehensive set of contest rules must be published for each contest, detailing the terms and conditions, how to enter, eligibility requirements, prize details, odds of winning, and the contest duration.
   

MESSAGE SEGMENT RATIO

COMPLIANCE ACTIONS

1. Notification and Correction. Text Groove may reach out to the user to notify them of the violation and request corrective actions. Users are expected to promptly address and rectify any issues identified by Text Groove.
2. Corrective Actions on Behalf of Users. If a user fails to address compliance issues in a timely manner, Text Groove reserves the right to perform necessary actions on behalf of the user to correct the issues. This may include modifying message content, updating settings, or taking other actions required to ensure compliance.
3. Carrier Actions. Violations of this Policy may result in actions taken by carriers, including message blocking, suspension of phone numbers, or campaign suspension. Users are responsible for any disruptions in service caused by non-compliance.
4. Account Suspension. Persistent or severe violations of this Policy may lead to suspension of the user’s Text Groove account. Account suspension will be communicated to the user, and the account may be reactivated only after compliance issues are fully resolved to the satisfaction of Text Groove.
5. Legal Actions. In cases of significant or repeated violations, Text Groove may pursue legal actions to enforce compliance and protect its rights and interests.
6. Financial Penalties. Users may be subject to financial penalties or fees to cover the costs associated with corrective actions and compliance enforcement. These include but are not limited to the fines imposed by T-Mobile for non-compliance.
7. Service Termination. In extreme cases where compliance cannot be achieved or if violations severely impact Text Groove’s operations, Text Groove reserves the right to terminate the user’s account and services permanently.
   

CHANGES TO THIS POLICY

QUESTIONS OR SUPPORT