How do I update my Terms of Service?

Your Terms of Service establishes a binding relationship between you and the subscribers you are messaging. It is important to make sure it is updated once you have familiarized yourself with the laws and regulations around SMS consumer messaging. Don't have a Terms of Service yet? Fear not! We have created a template below for you to use!

To begin updating your Terms of Service in Shopify, select Settings and then choose Legal.

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Scroll to the Terms of Service section. 

Paste the following and be sure to edit all 5 of the [BRACKETED] sections appropriately:

Program Service

This message program is a service of [NAME OF CUSTOMER COMPANY] (“Company”, “us” or “we”), located at [LOCATION OF COMPANY].  

Messaging Terms & Conditions

Authorization - Generally.  You agree to receive recurring automated marketing, non-marketing and informational text (e.g., SMS and MMS) messages from us, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when joining or any other number that you designate. The service may be provided by our subcontractors, and your authorization extends to our use of subcontractors.  Consent to receive automated marketing text messages is not a condition of any purchase. 

You also accept and agree to be bound by these Messaging Terms and Conditions, our Privacy Policy, and any other applicable terms and agreements related to your use of our services.  Please click [this link -ADD LINK TO COMPANY PRIVACY POLICY] to access our privacy policy.

Service Delivery Frequency.  Message frequency will vary and frequency is based in part to your response to messages sent to you.  We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent.

Message & Data rates may apply.  Message and data rates may apply to each text message sent or received in connection with our text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges.  We do not impose a separate fee for sending our text messages.

Cancellation/Opt-Out Instructions. Reply STOP to cancel. (You may also use the keywords END, CANCEL, UNSUBSCRIBE, or QUIT to cancel.)  After texting STOP you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Company and its service providers will have no liability for failing to honor such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. If you unsubscribe from one of our text message programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs.  

Mobile Phone Number Change.  In the event that you change or deactivate your mobile phone number, you agree to notify us by emailing us at [CONTACT EMAIL] prior to ending your use of the mobile telephone number.  You agree to indemnify, defend and hold harmless us and our subcontractors in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act as a result of claims brought by individual(s) who are later assigned that mobile telephone number.

Eligibility.  To receive our text messages, you must be a resident of the United States and 18 years of age or older.  We reserve the right to require you to prove that you are at least 18 years of age.

Availability.  Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. 

Our Disclaimer of Warranty. The message program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. We, our service providers and the mobile carriers supported by the message program are not liable for delayed or undelivered messages.

Changes to Terms and Conditions.  We may revise, modify, or amend these Messaging Terms and Conditions at any time.  Any such revision, modification, or amendment shall take effect when it is posted to our website.  You agree to review these Messaging Terms and Conditions periodically to ensure that you are aware of any changes.  Your continued consent to receive our text messages will indicate your acceptance of those changes. 

Termination of Text Messaging.  We may suspend or terminate your receipt of our text messages if we believe you are in breach of these Messaging Terms and Conditions.  Your receipt of our text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.  We reserve the right to modify or discontinue, temporarily or permanently, all or any part of our text messages, with or without notice. 

Problems?/Customer Care Contact

If you are experiencing any problems, please email us at [CONTACT EMAIL].

 

Then select Save.

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Now your Terms of Service has been updated!

Note: It's also important to update your Privacy Policy!

 

Need support? We’re happy to help! Please contact us directly at support@tonemessaging.com