This Messaging Policy governs the use of SMS and other messaging features provided through Fixate ("Fixate"). It is incorporated by reference into the Fixate Terms of Service and applies to all Customers who use Fixate to send or receive SMS messages.

Fixate sends SMS messages via third-party carriers and aggregators (including Twilio) and is subject to carrier rules, industry standards (CTIA), and regulations such as the TCPA (US), CASL (Canada), A2P 10DLC requirements, and equivalent laws in other jurisdictions.

Violating this Policy can result in immediate suspension by Fixate or by carriers, regardless of notice.

1. Purpose of the Service

Fixate's SMS feature is designed to:

Receive inbound service requests from End Customers who contact a Customer's plumbing business;
Send automated intake responses, diagnostic questions, and booking confirmations;
Facilitate communication between plumbing businesses and their End Customers.

The Service is not a mass marketing tool. It is a conversational intake and support tool for plumbing businesses.

2. Customer Responsibilities (You, the Plumbing Business)

As the sender of record, you are solely responsible for compliance with all applicable SMS laws and carrier rules. Specifically:

2.2 Opt-Out Compliance

Every message campaign must honor STOP, UNSUBSCRIBE, CANCEL, END, QUIT, and similar opt-out keywords automatically.
Fixate will automatically process standard opt-out keywords and suppress further messages to that number.
You may not attempt to circumvent opt-outs by re-adding numbers, using a different sender ID, or resuming messaging without fresh express consent.

2.3 HELP Response

Fixate will automatically respond to HELP and INFO keywords with contact information for your business and instructions for opt-out.

2.4 Sender Identification

Every first message in a conversation must identify the sending business (e.g., "Hi, this is ABC Plumbing…").
You may not impersonate another business, person, or government entity.

2.5 Message Content

Messages must relate to plumbing services and the End Customer's request;
You may not send messages containing prohibited content as described in the Acceptable Use Policy;
You may not use Fixate to send content in SHAFT categories (Sex, Hate, Alcohol, Firearms, Tobacco) where restricted, or any category prohibited by carriers or Twilio;
Links must point to legitimate, safe destinations. URL shorteners that mask the destination (e.g., bit.ly) are discouraged and may be blocked by carriers.

2.6 Frequency

Message frequency should be reasonable and limited to what is necessary to handle the End Customer's request and confirm their booking;
Do not send repeated or harassing messages.

2.7 Record Keeping

Maintain records of consent for each End Customer who provides express consent outside of an inbound text;
Produce those records within a reasonable period if requested by Fixate, a carrier, or a regulator.

3. A2P 10DLC Registration (US)

If you send SMS to recipients in the United States, your phone number must be registered under the A2P 10DLC framework. Fixate will assist with this registration, but you are responsible for:

Providing accurate business information (legal name, EIN/tax ID, address, website);
Selecting an appropriate use case (typically "Customer Care" for plumbing intake);
Agreeing to any pass-through terms from The Campaign Registry (TCR), Twilio, and carriers;
Paying any associated registration and per-message fees as disclosed in your plan.

Unregistered traffic is subject to aggressive filtering, blocking, and per-message penalties by carriers.

4. Canadian Anti-Spam Law (CASL)

If you send SMS to Canadian recipients:

You must comply with CASL, which generally requires express or implied consent before sending commercial electronic messages;
Messages must identify the sender and include a functioning unsubscribe mechanism (Fixate's automatic STOP handling satisfies this for SMS);
Penalties for violations are significant — up to CAD $1 million per violation for individuals and CAD $10 million for businesses.

5. Prohibited Use Cases

You may not use Fixate to send:

Political campaigning or fundraising messages;
Unsolicited marketing to purchased or scraped lists;
Debt collection messages that violate applicable law (e.g., FDCPA in the US);
Sweepstakes, contests, or lotteries;
Cryptocurrency, high-risk financial product, or "get-rich-quick" promotions;
Adult content or sexually explicit material;
Any content restricted under the Acceptable Use Policy or by carriers.

6. Carrier Filtering and Delivery

Messages sent through Fixate are subject to filtering by carriers based on content, sender reputation, and regulatory compliance. Fixate does not guarantee delivery of any specific message. Carriers may block, delay, or flag messages at their discretion, and Fixate is not liable for such actions.

7. Fees and Pass-Through Costs

Certain carrier fees (including A2P 10DLC registration, campaign fees, and per-segment messaging fees) may be passed through to you. These will be disclosed in your plan or at the point of registration.

8. Fixate's Role and Automated Responses

Fixate automatically responds to inbound messages on your behalf using rule-based logic and AI classification;
Fixate automatically handles opt-out and HELP keywords as described above;
Fixate may append compliance disclosures (e.g., opt-out instructions) to messages where required;
You are responsible for reviewing and configuring the Service appropriately for your business.

9. Enforcement

Fixate may suspend or terminate your access to SMS features immediately if:

We receive complaints from recipients, carriers, or regulators;
Carrier filtering or reputation scores indicate abusive traffic;
You violate this Policy, the Acceptable Use Policy, or the Terms of Service;
Required by Twilio, The Campaign Registry, or a mobile carrier;
Required by law.

In serious cases (e.g., spam, fraud, or illegal content), we may terminate without notice and report the activity to relevant authorities.

10. Changes

We may update this Messaging Policy as carrier rules and regulations evolve. Material changes will be communicated with at least 14 days' notice where feasible. Because carrier rules can change with little warning, some updates may take effect immediately.

11. Contact

Questions, compliance issues, or opt-out disputes?

Fixate

Toronto, Ontario, Canada

Messaging compliance: [email protected]

Abuse reports: [email protected]

General: [email protected]

Messaging Policy