Messaging Policy

Last updated: May 9, 2023

Argyle may provide email and text message functionality and related services as part of the Services (“Messaging Services”). This Messaging Policy (“Messaging Policy”) applies to anyone using the Messaging Services including those who send or receive text messages or emails through the Messaging Services, and sets forth a non-exhaustive framework for acceptable use of the Messaging Services.  Capitalized terms are defined in context or otherwise in the Customer Terms.

1. General

1.1.     Opt-In Consent. If you are using the Messaging Services to send email or text messages (or having Argyle send email or text messages on your behalf via the Messaging Services), you must ensure that adequate notice is provided to, and informed consent is obtained from, each message recipient, where the message recipient agrees to receive messages of the type that will be sent using the Messaging Services in accordance with Law and best practices. Records of opt-in consent should be retained as required by Laws and best practices.

1.2.    No Marketing. Except as expressly agreed with Argyle in writing, you must not use the Messaging Services to market any products or services, including by sending text messages for marketing purposes. For clarity, subject to your compliance with Law, the foregoing will not be deemed to prohibit you from using the Messaging Services to send transactional or relationship messages (as defined in the CAN-SPAM Act (15 U.S.C. 7701-7713)) or messages (except  marketing messages) in furtherance of an established business relationship (as defined in the Telephone Consumer Protection Act (47 U.S.C. § 227).

1.3.    No False Identities. You must not use the Messaging Services to engage in or encourage any activity that attempts to mislead others as to the identity of the sender or the origin of any content or communications, including creating a false identity or “spoofing.”

1.4.    No Illegal Use. Your access to and use of the Messaging Services must comply with Law. You must not use the Messaging Services to engage in or encourage any activity that violates any Laws, including those that require (i) consent be obtained prior to transmitting, recording, collecting, or monitoring data or communications, or (ii) compliance with opt-out requests for any data or communications.

1.5.    No International Use. Except as expressly agreed with Argyle in writing, (i) Messaging Services are only available in the United States for sending text messages or emails to individuals with United States phone numbers or who are otherwise in the United States, and (ii) use of the Messaging Services outside of the United States (including with non-U.S. phone numbers) is prohibited.

1.6.    No Inappropriate Content. You must not use the Messaging Services for any content or communications that are unlawful, fraudulent, deceptive, harmful, unwanted, inappropriate, objectionable, obscene, bigoted, unlicensed, confirmed to be criminal misinformation, in violation of others’ rights, or that otherwise pose a threat to the public., including: (a) adult or mature content, including pornography or sexually explicit content; (b) content that relates to alcohol, firearms, weapons, gambling, sweepstakes and contests, online gaming, or tobacco ; (c) content that provides instruction in or promotes criminal activity, unethical behavior, dishonest behavior, or violence; (d) content about cannabis, illegal drugs, or prescription medications, or the sale or purchase of cannabis, illegal drugs, or prescription medications; (e) communications connected to military, extremist, racist, or hate groups; (f) communications that promote or are sponsored by anti-government activists; (g) unwanted promotional or spam-type messages; or (h) malicious content, such as content that spreads malware or viruses, botnets, key logging technology, phishing messages, spyware, or other potentially harmful technology; or (i)

1.7.    Phone Number Compliance.

a.   On request, you will provide true, accurate, and complete information associated with the use of any phone number with any Messaging Services with respect to which Law requires Argyle or its service providers to have an associated address or any other information on record, and you will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunications providers.

b.   Phone numbers associated with use of the SMS Services are subject to: (i) domestic and international laws, policies, and regulations; and (ii) requirements of underlying telecommunications providers, international intergovernmental organizations (e.g., International Telecommunications Union (ITU)), and phone numbering plan administrators ((i) and (ii) collectively, “Phone Number Rules”). Argyle or its service providers may withdraw or replace any phone number associated with the Messaging Services: (x) if required pursuant to the Phone Number Rules; (y) if the use of such phone number violates the Phone Number Rules; or (z) for technical reasons.

2. Additional Terms for Text Message Recipients

2.1.     By opting in to receive text messages via the Messaging Services (“SMS Services”), you consent to receive periodic text messages from the SMS Services that may include, for example, notifications and reminders, messages from the applicable Partner, and HELP/STOP instructions. Message frequency varies.

2.2.    You can cancel the SMS Services at any time. Just text “STOP” to the short code or number from which you have received the text messages. After you send the text message “STOP” to us, we will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from the SMS Services. If you want to join again, sign up as you did before we will start sending text messages to you again.

2.3.    If at any time you forget what keywords are supported, just text “HELP” to the short code or number from which you have received the text messages. After you send the text message “HELP” to us, we will respond with instructions on how to use the SMS Services as well as how to unsubscribe.

2.4.    You represent that you are the account holder for the phone number(s) that you provide to opt-in to the SMS Services. You are responsible for notifying Argyle, or the organization to which you provided your opt-in consent to the SMS Services if not Argyle (e.g., the Partner with which you have a separate relationship), immediately if you change your phone number.

2.5.    The SMS Services can deliver text messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages*** Argyle is also not liable for any delays in the receipt of any message, as delivery is subject to effective transmission from your network operator.

2.6.    Message and data rates may apply for any text messages sent to you from the SMS Services and to the SMS Services from you, as provided in your phone service rate plan, in addition to any applicable roaming charges. Charges are both billed and payable to your phone service provider or deducted from your prepaid account. We do not impose a separate fee for sending text messages. If you have any questions about your text plan or data plan, contact your phone service provider. For all questions about the SMS Services, you can send an email to [email protected].

2.7.    If you have any further questions regarding privacy, please read our Privacy Notice.