Messaging Terms

Who is actually texting you

Alera Digital builds and operates messaging for other businesses — a plumber, a clinic, a salon. When you receive a message, the sender is that business. We are the platform operating it on their instructions, using contact details they supplied.

In data-protection language: the business is the controller and we are the processor. Practically, it means a request about your data is best directed to the business you dealt with, though you can always contact us and we will route it.

Consent is required, and it is the client's responsibility

United States law — principally the Telephone Consumer Protection Act (TCPA), along with state equivalents and do-not-call rules — requires prior express consent before a business sends marketing texts, and prior express written consent for certain categories.

If you are a client of ours, this is yours to get and yours to keep records of:

• You supply the contact lists and the triggers that cause a message to send.
• You warrant that every person on them has given the consent the law requires, and that you hold records capable of proving it.
• You must not instruct us to message anyone who has withdrawn consent or who appears on a suppression list.
• You remain responsible for your own TCPA compliance. Our Terms of Service and your Services Agreement both say so, and you indemnify us for claims arising from contacting people without consent.

We will not knowingly configure a campaign to an unconsented list, and we will stop one if we learn that is what it is. We do not provide legal advice on consent. Statutory damages under the TCPA run from $500 to $1,500 per message, so this is worth getting right rather than getting fast.

Stopping messages

• Reply STOP to any message to end messages from that sender. You'll get a single confirmation and then nothing further.
• Reply HELP for contact information for the business sending.
• Opt-outs are processed automatically and are honoured. Neither we nor a client may circumvent, delay or re-subscribe you around an opt-out.
• If a STOP didn't work, that is a problem we want to hear about: contact@aleradigital.com.

Message frequency, rates and carriers

• Message frequency varies by the business and the configuration — a review request may be a single message after a completed job; a follow-up sequence may be a few messages over several days, and stops when you reply or book.
• Message and data rates may apply depending on your mobile plan. We don't charge you anything; your carrier may.
• Carriers are not liable for delayed or undelivered messages.
• Delivery depends on your carrier and on filtering we don't control. We can't guarantee any message arrives.

A2P 10DLC registration

US carriers require A2P 10DLC registration before a business may send application-to-person text messages. Registration is per business, under the client's own legal entity and EIN, and requires the entity name, EIN, business address and website.

Registration takes one to two business days plus carrier review, and that review is outside our control. Texting does not function until it completes, and unregistered traffic is filtered or blocked by carriers. We will not send on an unregistered brand.

What we do with the numbers

Phone numbers, message content and delivery metadata are handled as described in our Privacy Policy and, where we act for a client, under the Data Processing Addendum. We do not sell phone numbers, we do not share them for anyone else's marketing, and we do not use one client's contact list for another client.

Reporting a problem

If you believe you received a message you did not consent to, tell us and we will investigate: contact@aleradigital.com. Include the sending number and the approximate time if you can. We will identify the sending business, suppress your number, and raise it with that client.

Contact

Alera Digital, 1001 Bishop St. STE 2685A, Honolulu, HI 96813 · contact@aleradigital.com