A2P Messaging Terms and Conditions

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SMS A2P MESSAGING
Democrats Abroad Terms and Conditions

1. Introduction and Acceptance of Terms

These Application-to-Person (A2P) Messaging Terms and Conditions ("A2P Terms") govern the use of the SMS, MMS, and other mobile messaging services (collectively, the "SMS Messaging Services") by Democrats Abroad ("Company," "we," "us," or "our") through its website and affiliated platforms. By opting in to receive messages, using our SMS Messaging Services, or providing your mobile phone number in connection with our services, you agree to these A2P Terms, our Privacy Policy, and our general Terms of Service (https://www.democratsabroad.org/privacy). If you do not agree to these terms, do not opt in to our SMS Messaging Services. These A2P Terms are in addition to, and do not replace, any other agreements you may have with us.

2. Description of SMS Messaging Services

We may use messaging technology to send you text messages (SMS/MMS) as part of our A2P messaging programs. These messages may include:

• Voter information and reminder notifications related to US elections and voting deadlines.
• Local Country Committee event notifications and volunteer opportunities.
• Informational messages: Service updates, policy changes, alerts, and important account information.
• Voter support messages: Responses to your inquiries and voting information support issue updates.

Local messaging and data rates may apply. Our Privacy Policy and Terms of Service are linked below. Message frequency will vary depending on the number of elections occurring in your voting jurisdiction, and the activities, events, and notification preferences you enroll in. We will provide an estimate of how frequently we may message you when you opt in to the services.

3. Consent and Opt-In

3.1 Express Written Consent

We will only send voting information and local event SMS notifications to you after obtaining your prior consent, as required by the Telephone Consumer Protection Act (TCPA) and applicable regulations.

This consent will be obtained through a clear disclosure at the point of opt-in, which will describe:

• The identity of the sender;
• The nature and purpose of the messaging program;
• The anticipated message frequency;
• That message and data rates may apply; and
• Instructions for opting out.

3.2 Age Requirement

By opting in to our SMS Messaging Services, you represent that you are at least 18 years of age, or will be 18 or older on the date of the next federal election, and are the account holder or authorized user of the mobile phone number provided. If you are under 18, you may only participate with the consent and involvement of a parent or legal guardian.

You may opt out of receiving SMS messages from us at any time.

To unsubscribe:

• Reply STOP to any message we send you. This will unsubscribe you from the specific messaging program associated with that message.
• Reply HELP for assistance or contact us directly (see Section 11).
• You may also opt out through your account settings on our website.

After texting STOP, you may receive a confirmation message acknowledging your opt-out request. You will not receive further messages from that program unless you re-opt-in. Please note that opting out of SMS/text messages does not opt you out of other forms of communication (such as email, phone calls, or postal mail) unless you separately opt out of those as well.

5. Message and Data Rates

Message and data rates may apply to messages we send to you and messages you send to us. These charges are billed by and payable to your mobile service provider. We do not charge you for the messages themselves; however, your carrier's standard messaging and data rates will apply. We are not responsible for any charges imposed by your mobile service provider in connection with the SMS Messaging Services. Check with your carrier if you are unsure about your plan's messaging rates.

6. Carrier and Network Disclaimer

The SMS Messaging Services are provided through third-party mobile network operators and messaging platforms.

Accordingly:

• We are not liable for delayed or undelivered messages due to network congestion, technical issues with your carrier, or other circumstances outside our control.
• Not all mobile carriers may support all messaging features. Message delivery is not guaranteed.
• Carrier filtering, spam blocking, or other automated systems may prevent delivery of messages.

7. Privacy and Data Use

When you opt in to our SMS Messaging Services, you provide us with your mobile phone number and, potentially, other information. We handle this information in accordance with our Privacy Policy, which is available here: https://www.democratsabroad.org/privacy

In connection with the SMS Messaging Services, we may:

• Share your mobile number with third-party service providers who assist us in delivering messages (e.g., messaging platforms, aggregators). These providers are contractually required to protect your information.
• Use your mobile number to send you messages as described in these A2P Terms.
• Retain records of your consent and messaging history as required by law or for legitimate business purposes.

We will NOT sell, rent, or share your mobile phone number to any third parties, Candidates, Candidate Campaigns, or Political Parties – this includes, but is not limited to, the Democratic National Committee (“DNC”) or other political organizations in the United States or elsewhere – for their own messaging purposes without your consent. Your mobile opt-in information will not be shared with any third parties for marketing purposes.

8. Regulatory Compliance

Our SMS Messaging Services are operated in compliance with applicable laws and industry guidelines, including:

• Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227
• FCC regulations and orders implementing the TCPA * CAN-SPAM Act (for commercial electronic messages)
• CTIA Messaging Principles and Best Practices
• The Campaign Registry (TCR) requirements for A2P 10DLC messaging
• Applicable state laws governing mobile messaging and consumer privacy

Our messaging campaigns are registered with the relevant industry bodies where required. Short codes and long codes used in our programs are approved or registered as applicable.

9. Modifications to These Terms

We reserve the right to modify these A2P Terms at any time. If we make material changes, we will provide notice by updating the "Last Updated" date at the top of this page and, where appropriate, by sending you a notification via text or other means. Your continued use of the SMS Messaging Services after any such changes constitutes your acceptance of the updated A2P Terms. If you do not agree to the modified terms, you should opt out of the SMS Messaging Services as described in Section 4.

10. Disclaimer of Warranties and Limitation of Liability

THE SMS MESSAGING SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO OUR USE OF THE SMS MESSAGING SERVICES, INCLUDING ANY INABILITY TO DELIVER MESSAGES, UNAUTHORIZED ACCESS, OR LOSS OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you have questions about these A2P Terms, need assistance with the SMS Messaging Services, or wish to update your messaging preferences, please contact us via email at: [email protected]

Or by writing to us at:

Democrats Abroad Data Protection Officer,
Democrats Abroad
712 H St NE, Unit #836
Washington DC 20002
United States of America

You can also contact our Data Protection Officer at [email protected]
Website: https://www.democratsabroad.org/

12. Governing Law and Dispute Resolution

These SMS A2P Terms shall be governed by and construed in accordance with the laws of Washington D.C., without regard to its conflict of law provisions. Any disputes arising out of or related to these SMS A2P Terms or the Messaging Services shall be resolved through binding arbitration conducted in [Washington D.C.], in accordance with the rules of the American Arbitration Association (AAA), except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

13. Miscellaneous

Severability: If any provision of these SMS A2P Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement: These SMS A2P Terms, together with our Privacy Policy and general Terms of Service, constitute the entire agreement between you and us with respect to the SMS Messaging Services.

No Waiver: Our failure to enforce any provision of these SMS A2P Terms shall not be deemed a waiver of our right to do so in the future.

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