Anti-spam policy

This Anti Spam Policy has been updated on Sep 23, 2021

By using Tobi You agree to Terms of use and this Anti-Spam Policy which is an integral part of Terms.

1. DEFINITION OF TEXT SPAM

Spam means any SMS, message, email (hereinafter “SMS”) you send to someone who has not given you their direct permission to contact them on the topic of the SMS.

2. BASIC OVERVIEW

You may not use a Tobi to directly or indirectly send, transmit, handle, distribute or deliver:

• unsolicited SMS (“spam” or “spamming”);
• SMS to the phone number obtained via internet harvesting methods or any impermissible electronic collection of address or other information; or
• SMS to the phone number that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications.

We reserve the right to supplement, modify, amend or supersede this Anti-Spam Policy, notifying You via email, or by posting a revised copy on the Tobi Service. You agree to review the Anti-Spam Policy on a regular basis and remain in compliance at all times./

3. PERMISSION GATHERING

To send SMS to End Users, you must have clearly obtained their permission. This could be done through:

• An SMS, phone, web push newsletter subscribe form on your web site
• An opt-in checkbox on a form. This checkbox must not be checked by default, the End User completing the form must willingly select the checkbox to indicate they want to hear from you
• End Users who have purchased from you within the last 12 months or have an ongoing contract with you
• If someone completes an offline form like a survey or enters a competition, you can only contact them if it was explained to them that you would be contacting them by SMS AND they ticked a box indicating they would like you to contact them.

4. INAPPROPRIATE ADDRESSES

By using Tobi, you agree not to import or send to any SMS address which:

• You do not have explicit, provable permission to contact in relation to the topic of the email, SMS text or web push message you’re sending.
• You bought, loaned, rented or in any way acquired from a third party, no matter what they claim about quality or permission. You need to obtain permission yourself.
• You haven’t contacted via SMS in the last 12 months.
• You scraped or copy and pasted from the web

5. OPT-OUT

Every SMS you send using Tobi must include the following:

• Recipient’s SMS address subscribed to the list.
• The name and physical address of the sender as well as current and accurate full legal entity name. If you’re sending an SMS for your client, you’ll need to include your client’s details instead.
• An advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its information cease for unsolicited or otherwise impermissible and/or inappropriate communication(s) as described herein.
• Information on one or more methods by which the recipient may notify User of its election to unsubscribe, opt out or otherwise demand that use of its information cease for unsolicited or otherwise impermissible and/or inappropriate communication(s) as described herein.
• A single-click unsubscribe link that instantly removes the subscriber from your list. No input from the user, other than confirmation, should be required. Once they unsubscribe, you can never send them an SMS again, other than sending final confirmation/reminder regarding successful unsubscribing.

You warrant it shall comply promptly with all opt out, unsubscribe, “do not call” and “do not send” requests.

Those recipients whose SMS addresses bounce multiple of time will be unsubscribed from your list automatically.

6. VERIFICATION PROCEDURES

Tobi has various layers of approval and monitoring to ensure you comply with our anti-spam policy:

• Tobi is integrated into 3rd party spam reporting systems used by some of the biggest ISP’s and SMS service providers like Outlook and AOL. If you don’t have permission and someone marks your campaign as spam, we’ll know about it the moment that button is pressed. If you receive a complaint rate greater than 0.1% of all recipients (that’s 10 complaints for every 10,000 recipients), bounce rate greater than 4% of all delivered SMS, unsubscribe rate greater than 2%, or “removed” rate greater than 5% you will receive a warning SMSrequesting an explanation and giving you advice. “Removed” rate is a sum of bounce, complaint and unsubscribe rate. Higher levels of complaints and/or bounces will result in accounts being marked as spamming and locked or terminated. Getting two or more warnings (related to poor performance of your campaign) during the period of 3 months will result in your account being locked or terminated and all special bonuses like discounts or extra features being removed.
• We might verify selected large lists imported into our system.
• We monitor blacklists and our abuse accounts all day every day. We can pinpoint who is causing us delivery problems or attracting complaints very easily.
• If we notice that your mailing list contains one or multiple spam traps, you’ll be asked to clean your list. If you do not clean your mailing list within a given period of time, your account will be locked or terminated. A spam trap is an SMS address traditionally used to expose illegitimate senders who add SMS addresses to their lists without permission. But they are also set up to identify SMS marketers with poor permission and list management practices. Tobi will assist you in cleaning your mailing list with instructions, personal advice from the support team and, in some occasions, paid service of list cleaning.

If we discover that you’re sending an SMS to people without their permission and/or massively using inaccurate SMS addresses, we will terminate your account with Tobi immediately.

7. CONTACT US

If you have any questions, the practices of Platform or/and Services, please contact us at [email protected]

TobiBots OÜ
Sepapaja 6, Tallinn 15551
Estonia