SMS Terms of Service Policy
Last Updated August 25, 2025
This page explains our terms for services that enhance the Services provided by SalonTouch. By using any of the Services provided by SalonTouch, you agree to these terms. If you use any Services provided by SalonTouch on behalf of your company, that company agrees to them too.
This Policy incorporates by reference all terms of the SalonTouch Terms of Service Policy which accessible at www.salontouchstudio.com/terms-policy.htm (the “TOS”). All capitalized terms not specifically defined in this Agreement shall have the same meaning as those terms as used and defined in the TOS.
By using any of the SalonTouch Services, and any other associated products and services, you agree to be bound by the TOS, these additional terms and conditions (the “SMS Terms”), and all other terms, policies, and guidelines applicable to the Services. If you are using the Services on behalf of a business, that business accepts these terms. Defined terms have the same meaning as in the TOS.
This Policy incorporates by reference all terms of the SalonTouch Terms of Service Policy which accessible at www.salontouchstudio.com/terms-policy.htm (the “TOS”). All capitalized terms not specifically defined in this Agreement shall have the same meaning as those terms as used and defined in the TOS.
By using any of the SalonTouch Services, and any other associated products and services, you agree to be bound by the TOS, these additional terms and conditions (the “SMS Terms”), and all other terms, policies, and guidelines applicable to the Services. If you are using the Services on behalf of a business, that business accepts these terms. Defined terms have the same meaning as in the TOS.
1. End User Management and Messaging Programs
Our services facilitate ways for you to manage and message your End Users, including sending transactional, marketing, or loyalty program messages to certain of your End Users. Do not send excessive or illegal text messages to your End Users! You are responsible for the messages you send, making sure your End Users have agreed that you may email or text them, and that You are complying with all applicable laws.
Our services also include ways for your End Users to reach you with their feedback. Don’t use the feedback feature inappropriately (for example, asking for anything other than feedback).
You may be able to use the Services to create, send and manage marketing and other messages to your End Users (as that term is defined in the SalonTouch Terms of Service Policy who have elected to receive offers and updates from SalonTouch or who provided their contact information to you directly. SalonTouch is not involved in or responsible for your marketing or other messaging to End Users, except for providing the Services that facilitate the creation, delivery and management of messages by you to End Users via SalonTouch. You are responsible for marketing or other messages that you send using the Services, the Messages Content of those messages, ensuring you have appropriate consent to send those messages, and honoring any End User privacy choices and terms included in such messages, even if your SalonTouch account is closed, suspended, or terminated. In using the Services, you will not use purchased, rented, or third-party lists of email addresses or phone numbers, and you may not use the Services to send unsolicited messages. If you offer a loyalty program to your End Users through the Services, you agree to make available to your End Users any terms and conditions applicable to your loyalty program. You further agree to notify your End Users of any items you exclude from points eligibility under your loyalty program. You further agree to notify your End Users of any items you exclude from points eligibility under your loyalty program. You are responsible for ensuring that your transactional messages, marketing messages, and loyalty program and any associated rewards are compliant with applicable federal, state, or local laws, including laws governing privacy, prepaid cards and special offers such as rebates and coupons.
End Users may be able to use the Services, including digital receipts, to submit feedback to you about their recent End User experience. When End Users submit feedback using the Services, we share that feedback with you and allow you to send responses to End Users who have enabled replies to their feedback. You may not use the feedback features of the Services: (a) to send responses to End Users who have not enabled replies to their feedback, (b) to request End User <Card Information>, (c) to send End Users marketing messages, requests for information, or other communications unrelated to their feedback, or (d) to send abusive, harassing, excessive or objectionable messages. If you do not wish to receive feedback or to report a problem with feedback from an End User, you should contact SalonTouch support.
2. SalonTouch Messaging Services
3. Description. The Services that enable you to send email and text messages to End Users (“Messages”), which provides software and related management tools for communication with your End Users via text messaging, including receipts and loyalty programs (collectively, “Messaging Services”). Messaging Services provides additional features through the use of a dedicated Toll-Free Number (“TFN”) or a 10-Digit Long Code (“10DLC”) number (hereinafter, a “Dedicated Messaging Telephone Number” or “DMTN”).
SalonTouch Messaging Services are designed and intended for one-to-one transactional messaging between a Seller and an End User and for one-to-many marketing messaging between a Seller and multiple Buyers.
In these terms, “SalonTouch Messages” refers to all features and functionality offered by SalonTouch Messaging Services unless expressly stated otherwise.
4. Eligibility. To be eligible to use the Messaging Services, you must (i) comply with all applicable laws regarding eligibility to sign up for and/or use the Messaging Services, and (ii) have not previously been suspended or removed from the Messaging Services or other SalonTouch Service. Specific eligibility requirements for Messaging Services may vary depending on the specific product or service. To create a SalonTouch Messages account, you are also required to (i) be at least 18 years old, and (ii) have a SalonTouch account in the United States.
You assume full responsibility for all actions taken by all users of your account, including any of your employees, agents, contractors, and any others that may access any of the Services through your account.
5. Number Verification Process. When you sign up for Messaging Services, you may be asked to submit information about your business, including, but not limited to, your business name, contact information, Tax ID and business website. You agree that SalonTouch may provide this information and any other information you have previously provided to SalonTouch in the course of your relationship with us to our service providers to verify the DMTN for use in connection with Message Services.
You agree to provide truthful and accurate information at the time of signup, throughout the DMTN verification process, and at all times during the course of your use of the Message Services, and to supplement that information at our request. SalonTouch may, but has no obligation to, contact you in the event of delays or interruptions in the number verification process.
You agree that SalonTouch may make multiple attempts to verify a DMTN with our service providers on the basis of the information you provide and/or have previously provided to SalonTouch. We will make reasonable efforts to retry failed verifications, including on the basis of supplemental information regarding your business, but we do not guarantee that number verification will ultimately be successful. If SalonTouch is unable to verify your DMTN with our service providers, we will notify you and terminate your Messaging Services account.
6. Number Restrictions. SalonTouch Messaging Services may provide a DMTN to enable text messaging and other services. You agree to use the SalonTouch Messaging Services DMTN solely in connection with the Messaging Services to facilitate direct one-to-one communication with End Users via text message or other features as may be added to Messaging Services. SalonTouch reserves the right to limit, suspend, or terminate your access to the DMTN for marketing-related uses inconsistent with its intended use.
SalonTouch makes no representations or warranties as to the operability or fitness of the DMTN for any particular purpose, including, but not limited to, any uses of the DMTN outside of SalonTouch Messaging Services. You are responsible for ensuring that any telephone numbers you provide to third parties are eligible for their intended purpose. You acknowledge and agree that the DMTN provided through the Messaging Services does not support two-way calling or outbound voice communication, and you agree not to use the DMTN to sign up for any other services that depend on the ability of a third party to contact you directly through two-way calling on the DMTN, including but not limited to emergency calling or messaging to any emergency services personnel or public safety answering points (“Emergency Services”), and any registrations, applications, or filings with external businesses or government agencies. You acknowledge and agree that the DMTN may not be transferred, assigned or “ported” to third-party service providers or other service platforms.
You agree not to use the DMTN to sign up for any text messages from third party services, including any transactional messages, marketing messages, or alerts, including but not limited to automated notices, reminders, or messages from other businesses, organizations, political campaigns, news services, or subscription services. You agree not to use the DMTN in connection with any services outside of the Messaging Services, including but not limited to those that could incur financial charges or for which bills or other notices relating to financial charges would be sent to your DMTN.
For the avoidance of doubt, you may not use your DMTN to send or receive messages with parties other than your End Users and prospective End Users from whom you have obtained consent under Applicable Marketing and Communications Laws as defined in section 12 below to send a message. For services other than SalonTouch Messaging Services, you may not use your DMTN for any one-to-many text marketing campaigns.
SalonTouch reserves the right to change or reclaim the DMTN(s) assigned to you in the event of a breach of these Terms, and/or where necessary for compliance with applicable law or regulation.
7. Service Availability. You understand and agree that the Messaging Services may experience service outages and disruptions, including based on issues relating to telephone carriers, service providers, or vendors that may be outside of SalonTouch’s control. SalonTouch will make reasonable efforts to promptly resolve service disruptions, but SalonTouch does not guarantee the Messaging Services will be uninterrupted and available at all times or at any particular time. You agree that SalonTouch is not liable for any damages relating to service disruptions, interruptions, or outages.
SalonTouch may impose rate limits, usage limits, and any other restrictions on the use and/or availability of the Messaging Services: (i) in our discretion; (ii) as may be required to comply with obligations to carriers, vendors, and partners involved in the delivery of the Services; (iii) to maintain the integrity of our Services; (iv) to safeguard SalonTouch users, End Users, and any other users of our Services; and/or (v) to comply with any applicable laws, regulations, or law enforcement requests. SalonTouch will make reasonable efforts to notify End Users of changes materially impacting the operation of the Messaging Services but is not obligated to do so. SalonTouch reserves the right to modify, deprecate, replace, refuse access to, suspend, disable, or discontinue the Services, partially or entirely, in our sole discretion.
8. Telephone Carrier Policies. From time to time, telecommunication providers may change or modify their rules, requirements, and policies (collectively, the “Carrier Policies”). You are responsible for complying with all Carrier Policies that apply to your use of the Messaging Services and, by using the Services, you acknowledge that your failure to comply with the Carrier Policies may result in the termination of your ability to use the Services.
You agree that in no event shall SalonTouch have any liability to you for any damages of any kind or nature that arise out of: (i) your failure to comply with the Carrier Policies; and/or (ii) action or inaction on the part of any telecommunications carrier, including, but not limited to, a carrier’s failure or refusal to deliver any text messages sent through the Services.
You also agree that if SalonTouch is fined by a carrier or other regulatory body as a result of your failure to comply with applicable laws or Carrier Policies, SalonTouch may charge you for, and you will pay, the amount of such fine.
9. Emergency Calling and Messaging Not Supported. You acknowledge that the Messaging Services: (i) are not an Integrated Public Alert and Warning System; (ii) do not support or transport Emergency Services, such as calls or texts to 911 or enhanced 911, and will not be used to determine the physical location of you or your devices; and (iii) are not a replacement for traditional voice, telephone or mobile phone services, including, but not limited to, calling, texting, or otherwise contacting Emergency Services, and does not function as such.
10. Your Data. By using the Messaging Services, you acknowledge our data practices that apply to you, as set out in the Privacy Policy accessible at www.salontouchstudio.com/privacy-policy (the “Privacy Policy”). The Privacy Policy explains how SalonTouch collects, uses, and protects personal information about you and your End Users. You are required to familiarize yourself with the Privacy Policy prior to using the Services.
SalonTouch reserves the right to withhold, remove, or discard any information on, sent through, or otherwise provided via the Messaging Services and/or your SalonTouch Messaging Services account (“Messages Content”), with or without notice, if deemed by us, in our sole discretion, to be contrary to these Terms or as may otherwise be required by law. For the avoidance of doubt, we have no obligation to store, maintain, or provide you with a copy of any Messages Content that you or others provide when using the Service.
11. Acceptable Use Policy. Your use of the Messaging Services is subject to the following acceptable use policy (“Message Services AUP”). These policies may be updated from time to time, and your continued use of the Messaging Services after such updates constitutes your agreement to the updated policies.
SalonTouch reserves the right to suspend, terminate, or otherwise modify your access to the Services for violations of the Message Services AUP as determined in our sole discretion.
12. Compliance with Applicable Marketing and Communications Laws and Industry Guidelines. You will comply with all applicable laws, rules, and regulations related to unsolicited or unwanted communications or telemarketing, including, but not limited to, the Telephone Consumer Protection Act (“TCPA”), the Telemarketing Sales Rule (“TSR”), the Controlling the Assault of Non-Solicited Pornography and Marketing Acts (“CAN-SPAM”), and any other applicable federal, state, or local laws, rules, and regulations (collectively, the “Applicable Marketing and Communications Laws”). You will also comply with all Carrier Policies, including, but not limited to, the most current version of the Cellular Telecommunications Industry Association (“CTIA”) Messaging Principles and Best Practices Guidelines and any other generally accepted industry policies or rules adopted by carriers, or other practices enforced by carriers.
You are solely responsible for: (i) collecting and maintaining your End User lists and other End User data in accordance with Applicable Marketing and Communications Laws and Carrier Policies; (ii) providing notice and obtaining consent from End Users as required under Applicable Marketing and Communications Laws for your use of the Services, including but not limited to sending text messages; and (c) ensuring that all transactional, marketing, and promotional activities that you conduct through the Services comply with Applicable Marketing and Communications Laws and Carrier Policies, including but not limited to your Messages Content, and any contests, raffles, sweepstakes, or similar activities.
You agree that you will only send messages and communications that are within the scope of the consent obtained from a particular Buyer and you agree to honor any requests to unsubscribe or opt out from receiving further messages and any Buyer privacy choices and terms included in such messages, even if your SalonTouch account is closed, suspended, or terminated.
To the extent SalonTouch provides guidance, templates, tooling, or suggestions via the Messaging Services or otherwise, the foregoing are provided solely for your convenience. SalonTouch does not assume any responsibility for your obligations under this Acceptable Use Policy, and you remain solely responsible for your own compliance, including any obligations to provide opt-out instructions in your messages where applicable. You should confer with your own independent legal counsel to determine whether your transactional and marketing activities and Messages Content meet your obligations under Applicable Marketing and Communications Laws and Carrier Policies.
13. Data and Use Restrictions. The Messaging Services are not intended for the communication by text (or otherwise) of: (i) sensitive personal information; (ii) personal health information (“PHI”) as defined by the Health Insurance Portability and Accountability Act (“HIPAA”); (iii) cardholder data (“CHD”), including primary account numbers (“PAN”) and personal identification numbers (“PIN”); or (iv) sensitive authentication data (“SAD”), such as card verification codes (i.e., CVC, CVV, CID); (v) End User proprietary network information; (vi) nonpublic personal information subject to the Gramm-Leach-Bliley Act (“GLBA”) or similar laws related to financial privacy and data; (vi) sensitive personal information, as defined under the California Privacy Rights Act (“CPRA”); or (vii) government identifiers that uniquely identify a natural person such as a social security number or passport number.
You agree that you will not ask for or provide via the Messaging Services information falling within any of the categories listed in this section. You further agree to not process payment transactions with CHD or SAD provided to you via the Messaging Services.
You are responsible for complying with, and ensuring your employees, contractors, agents, and any others that access the Services through your account comply with all applicable laws relating to the collection or use of any of the types of information listed in this section. You agree to comply with any Payment Card Industry Data Security Standards (“PCI-DSS”), as well as any requirements under the Network Rules that apply to your use of the Messaging Services. You will also cooperate in forensic investigations as required by SalonTouch or its partners.
You agree not to perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure or that of our partners, vendors, and telephone carriers.
14. Third Party Services and Integrations. You may not use the Messaging Services in connection with a third-party service or integration other than those offered by and/or officially supported by SalonTouch. Please contact SalonTouch if you have questions about other third-party integrations. If you use the Messaging Services, or any data obtained via the Messaging Services, in connection with a third-party service, whether through an integration offered by SalonTouch or otherwise, you are solely responsible for your use of such third-party service, including any disclosure or other processing of End User data in connection with such third-party service. Any use of a third-party service is at your own risk. SalonTouch will have no liability for your use of any third-party service in connection with the Services, and disclaims all responsibility for the functionality, security, availability, and operation of any third-party service.
15. Prohibited Uses and Content.
16. Content Prohibited by Carrier Policies and Applicable Marketing and Communications Laws. You agree that you will not use the Services, or encourage, promote, facilitate, or instruct others to use the Services, to send messages that contain, offer, promote, reference, or link to any content prohibited by the Carrier Policies or Applicable Marketing and Communications Laws or to any of the following categories of activities or information:
17. Illegal, Fraudulent, or Harmful Activities. Any activities that are illegal, violate the rights of others, or may be harmful to others and/or to SalonTouch, our operations, or reputation, including, but not limited to, offering, disseminating, promoting, or facilitating:
18. An illegal lottery or other promotion in violation of Applicable Marketing and Communications Laws and/or Carrier Policies regarding gambling, contests, sweepstakes, and gaming;
19. Illegal activities or goods, including paraphernalia that may be used for illegal activity;
20. Child sexual abuse material (“CSAM”), child pornography, or other sexually exploitative content;
21. “SHAFT-C” (Sex, Hate, Alcohol, Firearms, Tobacco, and Cannabis) content, as defined under the CTIA Short Code Monitoring Guidelines;
22. Illegal or regulated substances, including but not limited to prescription medication that cannot be sold over the counter;
23. Phishing or pharming activity;
23. Scams;
25. Fraud;
26. Malicious content, such as malware or viruses;
27. Fireworks;
28. Infringing Content: Content, including images, that infringes or has the potential to infringe the intellectual property, privacy, or other proprietary rights of another, or that may be libelous, slanderous, or otherwise defamatory;
29. Offensive or Violent Content: Content we determine, in our discretion, is inappropriate, offensive, harassing, abusive, or violent;
30. Evasive Content: Content that is designed to evade filters, detection, monitoring, rate limits, and other content or service restrictions, including those imposed or managed by telecommunications providers, partners, or vendors. This includes intentionally misspelled words, “snowshoeing” (spreading similar or identical messages across many phone numbers with the intent or effect of overcoming carrier filtering systems and/or evading unwanted messaging detection and prevention), and the use of shared public Uniform Resource Locator (“URL”) shorteners, such as Bitly or TinyURL; and
31. Spam: Content that is sent using spam bots or other similar systems, has altered or hidden mail headers, falsely identifies the sender, or assumes a sender’s identity without permission. You agree that you will not create a false identity or attempt to mislead others regarding the identity of the sender or the origin of any data or communications.
32. Reporting. To report violations of this Policy, you may contact SalonTouch Support. You agree to notify us and provide assistance as requested if you become aware of any violation of this Policy, including, but not limited to, the improper or unauthorized use of a DMTN.
33. Monitoring and Enforcement. We reserve the right, but do not assume any obligation, to monitor your Content, and to investigate any violation of this policy and these terms of service. We may disable, suspend, or terminate access to any user, Messages Content, or resource that violates these Terms or any other agreement we have with you for use of the Services. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We may also cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of this Policy or other applicable law or regulation.
Our services facilitate ways for you to manage and message your End Users, including sending transactional, marketing, or loyalty program messages to certain of your End Users. Do not send excessive or illegal text messages to your End Users! You are responsible for the messages you send, making sure your End Users have agreed that you may email or text them, and that You are complying with all applicable laws.
Our services also include ways for your End Users to reach you with their feedback. Don’t use the feedback feature inappropriately (for example, asking for anything other than feedback).
You may be able to use the Services to create, send and manage marketing and other messages to your End Users (as that term is defined in the SalonTouch Terms of Service Policy who have elected to receive offers and updates from SalonTouch or who provided their contact information to you directly. SalonTouch is not involved in or responsible for your marketing or other messaging to End Users, except for providing the Services that facilitate the creation, delivery and management of messages by you to End Users via SalonTouch. You are responsible for marketing or other messages that you send using the Services, the Messages Content of those messages, ensuring you have appropriate consent to send those messages, and honoring any End User privacy choices and terms included in such messages, even if your SalonTouch account is closed, suspended, or terminated. In using the Services, you will not use purchased, rented, or third-party lists of email addresses or phone numbers, and you may not use the Services to send unsolicited messages. If you offer a loyalty program to your End Users through the Services, you agree to make available to your End Users any terms and conditions applicable to your loyalty program. You further agree to notify your End Users of any items you exclude from points eligibility under your loyalty program. You further agree to notify your End Users of any items you exclude from points eligibility under your loyalty program. You are responsible for ensuring that your transactional messages, marketing messages, and loyalty program and any associated rewards are compliant with applicable federal, state, or local laws, including laws governing privacy, prepaid cards and special offers such as rebates and coupons.
End Users may be able to use the Services, including digital receipts, to submit feedback to you about their recent End User experience. When End Users submit feedback using the Services, we share that feedback with you and allow you to send responses to End Users who have enabled replies to their feedback. You may not use the feedback features of the Services: (a) to send responses to End Users who have not enabled replies to their feedback, (b) to request End User <Card Information>, (c) to send End Users marketing messages, requests for information, or other communications unrelated to their feedback, or (d) to send abusive, harassing, excessive or objectionable messages. If you do not wish to receive feedback or to report a problem with feedback from an End User, you should contact SalonTouch support.
2. SalonTouch Messaging Services
3. Description. The Services that enable you to send email and text messages to End Users (“Messages”), which provides software and related management tools for communication with your End Users via text messaging, including receipts and loyalty programs (collectively, “Messaging Services”). Messaging Services provides additional features through the use of a dedicated Toll-Free Number (“TFN”) or a 10-Digit Long Code (“10DLC”) number (hereinafter, a “Dedicated Messaging Telephone Number” or “DMTN”).
SalonTouch Messaging Services are designed and intended for one-to-one transactional messaging between a Seller and an End User and for one-to-many marketing messaging between a Seller and multiple Buyers.
In these terms, “SalonTouch Messages” refers to all features and functionality offered by SalonTouch Messaging Services unless expressly stated otherwise.
4. Eligibility. To be eligible to use the Messaging Services, you must (i) comply with all applicable laws regarding eligibility to sign up for and/or use the Messaging Services, and (ii) have not previously been suspended or removed from the Messaging Services or other SalonTouch Service. Specific eligibility requirements for Messaging Services may vary depending on the specific product or service. To create a SalonTouch Messages account, you are also required to (i) be at least 18 years old, and (ii) have a SalonTouch account in the United States.
You assume full responsibility for all actions taken by all users of your account, including any of your employees, agents, contractors, and any others that may access any of the Services through your account.
5. Number Verification Process. When you sign up for Messaging Services, you may be asked to submit information about your business, including, but not limited to, your business name, contact information, Tax ID and business website. You agree that SalonTouch may provide this information and any other information you have previously provided to SalonTouch in the course of your relationship with us to our service providers to verify the DMTN for use in connection with Message Services.
You agree to provide truthful and accurate information at the time of signup, throughout the DMTN verification process, and at all times during the course of your use of the Message Services, and to supplement that information at our request. SalonTouch may, but has no obligation to, contact you in the event of delays or interruptions in the number verification process.
You agree that SalonTouch may make multiple attempts to verify a DMTN with our service providers on the basis of the information you provide and/or have previously provided to SalonTouch. We will make reasonable efforts to retry failed verifications, including on the basis of supplemental information regarding your business, but we do not guarantee that number verification will ultimately be successful. If SalonTouch is unable to verify your DMTN with our service providers, we will notify you and terminate your Messaging Services account.
6. Number Restrictions. SalonTouch Messaging Services may provide a DMTN to enable text messaging and other services. You agree to use the SalonTouch Messaging Services DMTN solely in connection with the Messaging Services to facilitate direct one-to-one communication with End Users via text message or other features as may be added to Messaging Services. SalonTouch reserves the right to limit, suspend, or terminate your access to the DMTN for marketing-related uses inconsistent with its intended use.
SalonTouch makes no representations or warranties as to the operability or fitness of the DMTN for any particular purpose, including, but not limited to, any uses of the DMTN outside of SalonTouch Messaging Services. You are responsible for ensuring that any telephone numbers you provide to third parties are eligible for their intended purpose. You acknowledge and agree that the DMTN provided through the Messaging Services does not support two-way calling or outbound voice communication, and you agree not to use the DMTN to sign up for any other services that depend on the ability of a third party to contact you directly through two-way calling on the DMTN, including but not limited to emergency calling or messaging to any emergency services personnel or public safety answering points (“Emergency Services”), and any registrations, applications, or filings with external businesses or government agencies. You acknowledge and agree that the DMTN may not be transferred, assigned or “ported” to third-party service providers or other service platforms.
You agree not to use the DMTN to sign up for any text messages from third party services, including any transactional messages, marketing messages, or alerts, including but not limited to automated notices, reminders, or messages from other businesses, organizations, political campaigns, news services, or subscription services. You agree not to use the DMTN in connection with any services outside of the Messaging Services, including but not limited to those that could incur financial charges or for which bills or other notices relating to financial charges would be sent to your DMTN.
For the avoidance of doubt, you may not use your DMTN to send or receive messages with parties other than your End Users and prospective End Users from whom you have obtained consent under Applicable Marketing and Communications Laws as defined in section 12 below to send a message. For services other than SalonTouch Messaging Services, you may not use your DMTN for any one-to-many text marketing campaigns.
SalonTouch reserves the right to change or reclaim the DMTN(s) assigned to you in the event of a breach of these Terms, and/or where necessary for compliance with applicable law or regulation.
7. Service Availability. You understand and agree that the Messaging Services may experience service outages and disruptions, including based on issues relating to telephone carriers, service providers, or vendors that may be outside of SalonTouch’s control. SalonTouch will make reasonable efforts to promptly resolve service disruptions, but SalonTouch does not guarantee the Messaging Services will be uninterrupted and available at all times or at any particular time. You agree that SalonTouch is not liable for any damages relating to service disruptions, interruptions, or outages.
SalonTouch may impose rate limits, usage limits, and any other restrictions on the use and/or availability of the Messaging Services: (i) in our discretion; (ii) as may be required to comply with obligations to carriers, vendors, and partners involved in the delivery of the Services; (iii) to maintain the integrity of our Services; (iv) to safeguard SalonTouch users, End Users, and any other users of our Services; and/or (v) to comply with any applicable laws, regulations, or law enforcement requests. SalonTouch will make reasonable efforts to notify End Users of changes materially impacting the operation of the Messaging Services but is not obligated to do so. SalonTouch reserves the right to modify, deprecate, replace, refuse access to, suspend, disable, or discontinue the Services, partially or entirely, in our sole discretion.
8. Telephone Carrier Policies. From time to time, telecommunication providers may change or modify their rules, requirements, and policies (collectively, the “Carrier Policies”). You are responsible for complying with all Carrier Policies that apply to your use of the Messaging Services and, by using the Services, you acknowledge that your failure to comply with the Carrier Policies may result in the termination of your ability to use the Services.
You agree that in no event shall SalonTouch have any liability to you for any damages of any kind or nature that arise out of: (i) your failure to comply with the Carrier Policies; and/or (ii) action or inaction on the part of any telecommunications carrier, including, but not limited to, a carrier’s failure or refusal to deliver any text messages sent through the Services.
You also agree that if SalonTouch is fined by a carrier or other regulatory body as a result of your failure to comply with applicable laws or Carrier Policies, SalonTouch may charge you for, and you will pay, the amount of such fine.
9. Emergency Calling and Messaging Not Supported. You acknowledge that the Messaging Services: (i) are not an Integrated Public Alert and Warning System; (ii) do not support or transport Emergency Services, such as calls or texts to 911 or enhanced 911, and will not be used to determine the physical location of you or your devices; and (iii) are not a replacement for traditional voice, telephone or mobile phone services, including, but not limited to, calling, texting, or otherwise contacting Emergency Services, and does not function as such.
10. Your Data. By using the Messaging Services, you acknowledge our data practices that apply to you, as set out in the Privacy Policy accessible at www.salontouchstudio.com/privacy-policy (the “Privacy Policy”). The Privacy Policy explains how SalonTouch collects, uses, and protects personal information about you and your End Users. You are required to familiarize yourself with the Privacy Policy prior to using the Services.
SalonTouch reserves the right to withhold, remove, or discard any information on, sent through, or otherwise provided via the Messaging Services and/or your SalonTouch Messaging Services account (“Messages Content”), with or without notice, if deemed by us, in our sole discretion, to be contrary to these Terms or as may otherwise be required by law. For the avoidance of doubt, we have no obligation to store, maintain, or provide you with a copy of any Messages Content that you or others provide when using the Service.
11. Acceptable Use Policy. Your use of the Messaging Services is subject to the following acceptable use policy (“Message Services AUP”). These policies may be updated from time to time, and your continued use of the Messaging Services after such updates constitutes your agreement to the updated policies.
SalonTouch reserves the right to suspend, terminate, or otherwise modify your access to the Services for violations of the Message Services AUP as determined in our sole discretion.
12. Compliance with Applicable Marketing and Communications Laws and Industry Guidelines. You will comply with all applicable laws, rules, and regulations related to unsolicited or unwanted communications or telemarketing, including, but not limited to, the Telephone Consumer Protection Act (“TCPA”), the Telemarketing Sales Rule (“TSR”), the Controlling the Assault of Non-Solicited Pornography and Marketing Acts (“CAN-SPAM”), and any other applicable federal, state, or local laws, rules, and regulations (collectively, the “Applicable Marketing and Communications Laws”). You will also comply with all Carrier Policies, including, but not limited to, the most current version of the Cellular Telecommunications Industry Association (“CTIA”) Messaging Principles and Best Practices Guidelines and any other generally accepted industry policies or rules adopted by carriers, or other practices enforced by carriers.
You are solely responsible for: (i) collecting and maintaining your End User lists and other End User data in accordance with Applicable Marketing and Communications Laws and Carrier Policies; (ii) providing notice and obtaining consent from End Users as required under Applicable Marketing and Communications Laws for your use of the Services, including but not limited to sending text messages; and (c) ensuring that all transactional, marketing, and promotional activities that you conduct through the Services comply with Applicable Marketing and Communications Laws and Carrier Policies, including but not limited to your Messages Content, and any contests, raffles, sweepstakes, or similar activities.
You agree that you will only send messages and communications that are within the scope of the consent obtained from a particular Buyer and you agree to honor any requests to unsubscribe or opt out from receiving further messages and any Buyer privacy choices and terms included in such messages, even if your SalonTouch account is closed, suspended, or terminated.
To the extent SalonTouch provides guidance, templates, tooling, or suggestions via the Messaging Services or otherwise, the foregoing are provided solely for your convenience. SalonTouch does not assume any responsibility for your obligations under this Acceptable Use Policy, and you remain solely responsible for your own compliance, including any obligations to provide opt-out instructions in your messages where applicable. You should confer with your own independent legal counsel to determine whether your transactional and marketing activities and Messages Content meet your obligations under Applicable Marketing and Communications Laws and Carrier Policies.
13. Data and Use Restrictions. The Messaging Services are not intended for the communication by text (or otherwise) of: (i) sensitive personal information; (ii) personal health information (“PHI”) as defined by the Health Insurance Portability and Accountability Act (“HIPAA”); (iii) cardholder data (“CHD”), including primary account numbers (“PAN”) and personal identification numbers (“PIN”); or (iv) sensitive authentication data (“SAD”), such as card verification codes (i.e., CVC, CVV, CID); (v) End User proprietary network information; (vi) nonpublic personal information subject to the Gramm-Leach-Bliley Act (“GLBA”) or similar laws related to financial privacy and data; (vi) sensitive personal information, as defined under the California Privacy Rights Act (“CPRA”); or (vii) government identifiers that uniquely identify a natural person such as a social security number or passport number.
You agree that you will not ask for or provide via the Messaging Services information falling within any of the categories listed in this section. You further agree to not process payment transactions with CHD or SAD provided to you via the Messaging Services.
You are responsible for complying with, and ensuring your employees, contractors, agents, and any others that access the Services through your account comply with all applicable laws relating to the collection or use of any of the types of information listed in this section. You agree to comply with any Payment Card Industry Data Security Standards (“PCI-DSS”), as well as any requirements under the Network Rules that apply to your use of the Messaging Services. You will also cooperate in forensic investigations as required by SalonTouch or its partners.
You agree not to perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure or that of our partners, vendors, and telephone carriers.
14. Third Party Services and Integrations. You may not use the Messaging Services in connection with a third-party service or integration other than those offered by and/or officially supported by SalonTouch. Please contact SalonTouch if you have questions about other third-party integrations. If you use the Messaging Services, or any data obtained via the Messaging Services, in connection with a third-party service, whether through an integration offered by SalonTouch or otherwise, you are solely responsible for your use of such third-party service, including any disclosure or other processing of End User data in connection with such third-party service. Any use of a third-party service is at your own risk. SalonTouch will have no liability for your use of any third-party service in connection with the Services, and disclaims all responsibility for the functionality, security, availability, and operation of any third-party service.
15. Prohibited Uses and Content.
16. Content Prohibited by Carrier Policies and Applicable Marketing and Communications Laws. You agree that you will not use the Services, or encourage, promote, facilitate, or instruct others to use the Services, to send messages that contain, offer, promote, reference, or link to any content prohibited by the Carrier Policies or Applicable Marketing and Communications Laws or to any of the following categories of activities or information:
17. Illegal, Fraudulent, or Harmful Activities. Any activities that are illegal, violate the rights of others, or may be harmful to others and/or to SalonTouch, our operations, or reputation, including, but not limited to, offering, disseminating, promoting, or facilitating:
18. An illegal lottery or other promotion in violation of Applicable Marketing and Communications Laws and/or Carrier Policies regarding gambling, contests, sweepstakes, and gaming;
19. Illegal activities or goods, including paraphernalia that may be used for illegal activity;
20. Child sexual abuse material (“CSAM”), child pornography, or other sexually exploitative content;
21. “SHAFT-C” (Sex, Hate, Alcohol, Firearms, Tobacco, and Cannabis) content, as defined under the CTIA Short Code Monitoring Guidelines;
22. Illegal or regulated substances, including but not limited to prescription medication that cannot be sold over the counter;
23. Phishing or pharming activity;
23. Scams;
25. Fraud;
26. Malicious content, such as malware or viruses;
27. Fireworks;
28. Infringing Content: Content, including images, that infringes or has the potential to infringe the intellectual property, privacy, or other proprietary rights of another, or that may be libelous, slanderous, or otherwise defamatory;
29. Offensive or Violent Content: Content we determine, in our discretion, is inappropriate, offensive, harassing, abusive, or violent;
30. Evasive Content: Content that is designed to evade filters, detection, monitoring, rate limits, and other content or service restrictions, including those imposed or managed by telecommunications providers, partners, or vendors. This includes intentionally misspelled words, “snowshoeing” (spreading similar or identical messages across many phone numbers with the intent or effect of overcoming carrier filtering systems and/or evading unwanted messaging detection and prevention), and the use of shared public Uniform Resource Locator (“URL”) shorteners, such as Bitly or TinyURL; and
31. Spam: Content that is sent using spam bots or other similar systems, has altered or hidden mail headers, falsely identifies the sender, or assumes a sender’s identity without permission. You agree that you will not create a false identity or attempt to mislead others regarding the identity of the sender or the origin of any data or communications.
32. Reporting. To report violations of this Policy, you may contact SalonTouch Support. You agree to notify us and provide assistance as requested if you become aware of any violation of this Policy, including, but not limited to, the improper or unauthorized use of a DMTN.
33. Monitoring and Enforcement. We reserve the right, but do not assume any obligation, to monitor your Content, and to investigate any violation of this policy and these terms of service. We may disable, suspend, or terminate access to any user, Messages Content, or resource that violates these Terms or any other agreement we have with you for use of the Services. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We may also cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of this Policy or other applicable law or regulation.
