Policy for Text Messaging Service (SMS, MMS)

In addition to Zoom’s terms, notices and policies posted on the Zoom website which govern your use of Zoom’s services, the use of Zoom Phone and/or Zoom Contact Center to send and receive text messages utilizing SMS and/or MMS (the “Text Messaging Service”) is also subject at all times to this “Policy for Text Messaging Service (SMS, MMS)” (the “Policy”). “Text Messaging” means and includes both SMS (“Short Message Service”) messages, MMS (“Multimedia Message Service”) [and, in the future, may also include Rich Communication Services (“RCS”) and/or over-the-top (OTT) messages] (all together, “Text Messages”).

You are encouraged to review proposed use cases with qualified legal counsel to ensure contemplated use complies with Applicable Laws. This Policy provides guidelines and requirements, however it is not legal advice to You. Zoom makes no representation that meeting the requirements of this Policy will also ensure compliance with all applicable international, federal, state/local laws, ordinances, regulations, binding codes, and orders (“Applicable Laws”). You are responsible for ensuring compliance with the Applicable Laws in the jurisdictions in which You send or deliver text messages. By utilizing the Text Messaging Service, You agree to be bound by this Policy, which is a legally binding agreement.

1. Text Messaging Service is provided “as is” on a “best efforts” basis. Zoom utilises underlying messaging application service providers and carriers (whether fixed or wireless) to deliver Your Text Messages to intended recipients. Note that the Text Messaging Service may not be available on all equipment, or through all wireless carriers, and not all functionalities of the Text Messaging Service are available through all wireless carriers. The Text Messaging Service is subject to transmission limitations or interruptions. Intended recipients may be reliant on carriers to receive Your Text Messages. Zoom cannot and does not guarantee that Your text messages or alerts will be delivered or that delivery will meet any quality of service. Zoom does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.

2. No Resale. Resale of Zoom’s Text Messaging Service is prohibited, unless pursuant to express contractual arrangements within Zoom’s partner program.

3. Right to terminate. Zoom has the right to terminate the Text Messaging Service at any time, for any purpose, without notice to You, except as required by Applicable Laws.

4. Policy Updates or Revisions. Zoom may revise this Policy at any time [by publishing changes on its website].

Your Use of the Text Messaging Service

In addition to complying with the Messaging Rules and Requirements below, You must develop and implement policies and procedures designed to ensure compliance with Applicable Laws, as non-compliance may lead to legal or regulatory enforcement action, and/or termination or suspension of Your Text Messaging Service.

Messaging Rules and Requirements

5. Campaign Registry. If You wish text messages to be delivered to customers or prospects in the United States, then You must register with the Campaign Registry through the Zoom Admin portal. Major wireless carriers in the U.S. require message senders to register with the Campaign Registry prior to using an application to send any text messages from a 10DLC (10-digit long code) number (i.e., a telephone number) to the wireless carriers’ U.S. customers. Notwithstanding their use of the word “campaign” to describe the registry, the major wireless carriers consider all messaging from cloud service providers, like Zoom, to be A2P (Application-to-Person) messaging subject to the registration requirement. The registration process includes brand registration followed by campaign registration for carrier approval.

5.1. Failure to register, and failure to abide by caps the wireless carriers impose on the number of messages You send, may result in any of the following actions by one or more carriers:

a. Blocking or throttling of some or all Text Messages;

b. Suspension or termination of specific campaign, or service number, or Your Zoom account.

c. Unidentified or unknown message senders may result in anti-spam policies being used.

5.2. If Your target jurisdiction also implements a form of campaign registry, then You should undertake registration in accordance with Applicable Laws in that jurisdiction to comply with those requirements and improve the deliverability of Your messages.

6. Sender ID registration. In certain jurisdictions, You may be required to register in order to use a particular sender ID (whether numeric or alphanumeric) or to send commercial electronic messages. An example of this is the MEF in the UK where You should undertake registration to improve the deliverability of Your Text Messages to recipients in that jurisdiction.

7. Consent for Messaging Campaigns. As the Text Message sender, You must obtain proper consent for each commercial Text Message sent. Prior to sending the first Text Message, You must obtain agreement from the Text Message recipient to communicate with them (the “consent”). You must make clear to the individual they are agreeing to receive messages of the type You’re going to send. If You do not send an initial Text Message to that individual within a reasonable period after receiving consent (or as set forth by local regulations or best practices), then You will need to reconfirm consent in the first message You send to that recipient.

The consent applies only to You, and to the specific use or campaign that the recipient has consented to. You can’t treat it as blanket consent allowing You to send Text Message from other brands or companies, or additional messages about other uses or campaigns. The Text Messages sent must be the same type of messages that the recipient agreed to receive and should only be sent to the number that the recipient provided. An individual who provides their number for a purpose, consents to receive Text Messages only for that specific purpose and from that specific message sender. Consent must be knowingly and genuinely given by the intended recipient.

The level of consent required may differ depending on the jurisdiction in which you or the recipient is based. You must ensure that You have secured all consents required to send the text message in Your jurisdiction and to deliver it to the intended recipient.

Note that consent cannot be bought, sold, or exchanged. For example, You cannot obtain the consent of Text Message recipients by purchasing a phone list from another party. Note that if You are using Zoom’s Text Messaging Service within Your application or service, You must require Your end-customers to adhere to these same requirements when dealing with their end-users.

If a message sender collects a consent on behalf of a third-party, the sender must clearly identify the third-party to the user/recipient and must also clearly state that the consent applies only to communications from the third-party.

7.1 Consent Records. Text Message senders should retain records of any consent that an individual provides for at least four years or for such other period of time as is required by Applicable Laws. Zoom or its carriers may request proof of consumer opt-in at any time. Certain jurisdictions may require You to register and upload records of consent to a centralised register. Jurisdictions have various and different requirements for acceptable consent records, and it is Your responsibility to be knowledgeable of these requirements, which may include:

a. Timestamp of consent acquisition;

b. Consent acquisition medium;

c. Specific campaign for which consent was obtained;

d. Phone number for which consent to receive messaging was granted;

e. a confirmation Text Message received from the customer.

8. Identify the sender. The identity of the entity sending Text Messages must be correctly and clearly communicated in each commercial Text Message.

9. Opt-Out and Functional Unsubscribe Facilities. Text Message recipients must be able to revoke consent and opt-out of receiving future Text Messages through any reasonable means. Text Messaging programs must respond to, at a minimum, universal keywords “stop,” “end,” “cancel,” “unsubscribe,” and “quit, or their equivalent in the official language of Your jurisdiction Recurring-messages programs must display opt-out instructions at program opt-in and regular intervals of content service messages. Zoom or its underlying messaging application providers or carriers may suspend or terminate a specific Text Messaging Campaign and/or block sending numbers upon receiving a high volume or percentage of opt-out messages. You must not use Zoom to evade requests to opt out from Text Messaging Campaigns.

10. Self-exclusion registers. In certain jurisdictions, including Australia and Colombia, message recipients may be entitled to register on a self-exclusion register in respect of commercial messages or subsets thereof (such as gambling). You shall not send unauthorised Text Messages to those recipients.

11. Prohibited Messaging Techniques. You must not evade any measures implemented by Zoom or its messaging application provider or underlying carriers to ensure compliance with this Policy, Applicable Laws and industry standards. Zoom or its carriers may suspend or terminate Text Messaging by You if You engage in any of the following:

a. Spoofing. We require that You abide by all applicable spoofing laws.

b. Snowshoe Sending. Spreading similar or identical messages across many phone numbers with the intent or effect of evading unwanted messaging detection and prevention mechanisms.

c. URL Shorteners. Use of URL shorteners is discouraged as carriers may block messages containing them.

d. URL Redirects.

e. Withholding or masking of calling line identification (CLI) information where prohibited in Your jurisdiction (including China and Hong Kong).

f. Content designed to evade detection. We do not allow content which has been specifically designed to evade detection by unwanted messaging detection and prevention mechanisms. This includes intentionally misspelled words or non-standard opt-out phrases which have been specifically created with the intent to evade these mechanisms.

12. Embedded Phone Numbers. Text Messages should not contain phone numbers that are assigned to or forward to unpublished phone numbers, unless the owner (i.e., a person or legally registered business entity) of such phone numbers is unambiguously indicated in the text message.

13. Unauthorised use of alphanumeric sender ID’s. Some jurisdictions, including Australia, specifically regulate alphanumeric Sender ID’s. If required under Applicable Laws, before using an alphanumeric sender ID, You shall provide Zoom with evidence in writing that You have a valid use case for the use of that sender ID or that You are authorised to send messages on behalf of a third party that has a valid use case for that sender ID.

Acceptable Use Requirement and Content Restrictions

14. Acceptable Use Requirement. Zoom strictly prohibits Text Messaging that violates its Acceptable Use Policy. You must review Our Acceptable Use Policy and ensure that your Text Messaging campaigns comply with it. You agree not to use the Text Messaging Service for any unlawful or abusive purpose, or in any way which damages Zoom’s network, property or interferes with or disrupts the system or other users.

15. Prohibited and Disallowed Content. Some types of content are not allowed (even if You get consent from recipients for that content). You are prohibited from sending any content that is illegal, harmful, unwanted, inappropriate, objectionable, criminal misinformation, or otherwise poses a threat to the public, even if the content is permissible by law. Other prohibited uses include hate speech, harassment, exploitative, abusive, or any communications that originate from a hate group; fraudulent messages; malicious content, such as malware or viruses; any content that is designed to intentionally evade filters; and anything that is illegal in the jurisdiction where the message recipient lives. The following content categories are considered to be deceitful and nuisance campaigns which may result in high volumes of SPAM complaints on the carrier networks. As a result, campaigns under the following categories are not supported, regardless of any prior approval (including any approval by another carrier).

High-Risk Financial Services	• Payday Loans • Non-Direct Lenders • Debt Collection
Debt Forgiveness	• Debt Consolidation • Debt Reduction • Credit Repair Programs
Illegal Substances	• Cannabis, including the marketing or sale of cannabis or CBD products. • Illegal Prescriptions
Work & Investment Opportunities	• Work from Home Programs • Job Alerts from 3rd Party Recruiting Firms • Risk Investment Opportunities
Other	• Gambling • Any other illegal content • Lead generation indicate the sharing of collected information with third parties • Campaign types are not in compliance with the recommendations of or prohibited by the CTIA Short Code Monitoring Handbook, Version 1.7, or later. • Campaign types not in compliance with the recommendations of or prohibited by the CTIA Messaging Principles and Best Practices – 2019 version.

16. Age-Restricted Content. Text Messaging that includes any age-restricted content is expressly prohibited in some jurisdictions and can trigger additional requirements. In many jurisdictions around the world including Australia [and the U.K], additional legal requirements apply to marketing communications directed at minors or children under the age of 18. It is Your responsibility to ensure compliance with Applicable Laws of the jurisdictions in which messages are received. Inappropriate may be blocked by underlying carriers outside of Zoom’s control in some jurisdictions.

a. Text Message senders must include an age verification mechanism at opt-in to age-gate the intended message recipient from adult or inappropriate content. The age-gate mechanism should include date of birth verification during the consumer’s consent opt-in. Age-gate mechanisms limited to “yes” or “no” responses are not acceptable.

b. Text Message senders must comply with requests from Zoom or law enforcement to provide proof of consent with local laws that regulate age-restricted or adult content.

Scams and Spam

17. Scam message prevention. If Zoom suspects that you are using the Zoom platform for sending scam Text Messages, then Zoom may: (i) investigate the message for the purpose of identifying scam messages; (ii) report any messages to any other providers involved in the distribution of the message and to the regulator in Your jurisdiction; and (iii) block any messages or use of that number.

a. Zoom may implement certain tools to prevent or reduce fraud or scam messages and may undertake periodic testing of the efficacy of those tools without notice to You.

b. Scam messages include messages that include a link or telephone number; and are sent in order to mislead or deceive a recipient into using that link or telephone number and the recipient would be likely to suffer detriment as a result of using that link or telephone number.

Privacy and Security

18. Any information or content provided in the Text Messaging Service shall be governed by our Privacy Statement. However, Text Messages are delivered over facilities not under Zoom’s control. Further, parts of the Text Messaging Service are provided via wireless systems which use radios (and other means) to transmit communications over complex networks, and thus there is no guarantee that Your use of the Text Messaging Service will be private or secure. You are solely and fully responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Text Messaging Service.

Penalties

19. Penalties. Zoom reserves the right to suspend or remove any customer from the Zoom platform who does not comply with this Policy, any other applicable Zoom policy or Applicable Laws. Additionally, carriers may impose penalties on message senders who violate their terms or their acceptable use policies. If a carrier or any third party provider levies penalties on Zoom for messages You sent using Zoom’s messaging service, Zoom may invoice You for such penalties.

a. Non-compliant SMS traffic will be charged the following penalties for the following violations. A Sev-0, (Severity-0) represents the most harmful violation to users and is the highest level of escalation with which a carrier will engage (this applies across SMS or MMS, Short Code, Toll-Free, and 10DLC) that transverse the network. The non-compliance fine(s) (USD) will be assessed for every Sev-0 violation issued as follows:

i. Tier 1: $2,000, for phishing, smishing, and social engineering. Social Engineering refers to the practice of targeting individuals in a way that manipulates individuals to reveal private information including credit card numbers, or social security numbers.

ii. Tier 2: $1,000, for illegal content (included content must be legal in all 50 US states and federally, and within all international jurisdictions it traverses). Illegal content includes, but is not limited to, Cannabis, Marijuana, CBD, Illegal Prescriptions and Solicitation.

iii. Tier 3: $500, for all other violations.

20. No Liability. You acknowledge and agree that Zoom is not responsible for performance degradation and/or delays due to conditions on the Internet or due to the equipment, or actions of Your wireless service provider, carriers, or any other technology providers. You acknowledge that Zoom shall not be liable to You if the Text Messaging Service in a given location is not available. If the Text Messaging Service is not available within Your intended location, You agree that your sole remedy is to cease using the Text Messaging Service. Zoom bears no liability if Zoom or other messaging service providers impose any restrictions on a message sender or on Your account. Zoom has no liability for the content of Your Text Messages – You are solely liable and responsible for the content of Your Text Messages. You acknowledge and agree that Zoom shall not be liable for any messages You request or request be sent while using the Text Messaging Service. You further agree that Zoom is not liable to You for any lack of privacy or security You may experience in using the Text Messaging Service.

21. Further Limitation of Liability for the Text Messaging Service. Zoom (and affiliates) (collectively, Zoom) shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (i) Your use of the Text Messaging Service, (ii) access to the Text Messaging system (iii) Your use of any equipment in connection with the Text Messaging Service or for equipment failure or modification, (iv) the content of information, data or other materials included with or accessed via use of the Text Messaging Service, (v) the failure to deliver any Text Messaging Service messages, or the delivery of Text Messaging Service messages at times different than the times that You may have designated, (vi) any acts or omissions of any technology providers or wireless service providers, (vii) for system failure or modification, or (viii) any force majeure event or any other cause beyond the reasonable control of Zoom.

TO THE FULLEST EXTENT PERMITTED BY LAW, ZOOM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE TEXT MESSAGING SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY TEXT MESSAGES RECEIVED (OR NOT RECEIVED) OR SENT (OR NOT SENT) THROUGH THE TEXT MESSAGING SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This section survives termination of this Agreement.

22. Zoom reserves the right to take any appropriate action if we become aware of any use of the Text Messaging Service in violation of any Applicable Laws, this Policy, or any other applicable terms or policy of Zoom.

23. Legal Responsibilities. Zoom is not responsible for ensuring that the content, timing, or recipients of Your messages meet all Applicable Laws. You are solely responsible for complying with Applicable Laws and industry standards in Your jurisdiction. These include the A2P Code of Conduct in the UK and Communications Alliance codes and guidelines in Australia.

a. If You are a platform or software provider that uses Zoom for messaging purposes, then You should require that Your customers also abide by the requirements discussed in this Policy, Applicable Laws, and industry standards. Zoom has no relationship with or obligation to any of Your customers or any other person or entity to which You provide any services utilizing Text Messaging.