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Everyone expects that the messages they want to receive will reach them unhindered by filtering or other blockers. An important step that Epiqhost customers can take to make that expectation a reality is to prevent and eliminate unwanted messages. Towards that end, we desire to work with our customers so that messages are sent with the consent of the message recipient and that those messages comply with applicable laws, communications industry guidelines or standards, and measures of fairness and decency. Beyond desires and good intentions, Epiqhost is contractually and legally obligated to operate within certain requirements by our messaging partners and carriers. This Messaging Policy strives to clarify those requirements so our customers operate under the same guidelines. Epiqhost treats all messaging transmitted via Epiqhost's platform - regardless of medium (e.g., email or SMS), delivery method, use case, or type (e.g., personal or business) - as Application-to-Person (A2P) messaging. All A2P messages originating from Epiqhost are subject to this Messaging Policy, which covers rules and prohibitions regarding:
This policy applies to all customers who use Epiqhost's messaging channels and all forms of messaging, including:
If you provide your guests or clients with the ability to send messages through Epiqhost or use integrated services (e.g., a partner messaging app that integrates with Epiqhost), you are responsible for the messaging activity of those integrated services. You must ensure that any messaging activity generated by your integrated services complies with Epiqhost policies.
Consent / Opt-in
Proper Consent
Consent can't be bought, sold, or exchanged. For example, you can't obtain the consent of message recipients by purchasing an email address list or phone list from another party. Aside from two exceptions noted later in this section, you must meet each of the consent requirements listed below. If you are a third-party app or integrated partner using Epiqhost's platform for messaging, you must require your users to adhere to these same requirements when dealing with their customers, guests, and contacts.
Consent Requirements
Alternative Consent Requirements
While consent is always required, and the consent requirements noted above are generally the safest path, there are two scenarios where consent can be received differently.
Contact initiated by an individual
If an individual sends a message to you, you are free to respond in an exchange with that individual. For example, if an individual texts your phone number asking for your hours of operation, you can respond directly to that individual, relaying your open hours. In such a case, the individual's inbound message to you constitutes both consent and proof of consent. Remember that the consent is limited only to that particular conversation or business operation. Unless you obtain additional consent, don't send messages outside that business operation, such as a new marketing campaign a year later.
Informational content to an individual based on a prior relationship
You may send a message to an individual with whom you have a prior relationship, provided that individual provided their contact information (i.e., phone number, email address, etc.) to you, has taken some action to trigger the potential communication, and has not expressed a preference to not receive messages from you. Actions can include a button press, alert setup, making an appointment, sending an inquiry, requesting a quote, booking a property, etc. Examples of acceptable messages in these scenarios include appointment reminders, payment receipts, one-time passwords, inquiry responses, quote responses, booking confirmations, welcome packets, maintenance reach-outs, or hospitality staff confirming any of the above.
The message can't attempt to promote a separate service or product, advocate for a social cause, or be forwarded to third-party services.
Channel messaging exception
It should be noted that these consent requirements are directed explicitly towards email and SMS types of communication. Channel messages (eg. messages sent and received via Airbnb, Vrbo, and Booking.com) operate on platforms that have already obtained consent from the recipient by nature of their operations. Channel platforms also notify their recipients that messaging will be shared with their hosts and PMs (ie. you) so it is assumed that in order to complete the booking operation, messages have to travel outside the channel platform. Therefore, you do not need to ask a channel recipient for consent since it is implied.
Periodic Messages and Ongoing Consent
If you intend to send messages to a recipient on an ongoing basis or for any marketing-type purpose, you should confirm the recipient's consent by offering them a clear reminder of how to unsubscribe from those messages using standard opt-out language and options. You must also respect the message recipient's preferences in terms of frequency of contact. You also need to proactively ask individuals to reconfirm their consent as set forth by local regulations and best practices if it's been a long time since you've sent a previous message.
Revocation of Consent / Opt-out
Any messages you send to an individual need to include language telling them why they are getting the message, if not obvious, and, if marketing in nature, include unsubscribe options. An example of an obvious message is a payment receipt immediately after a guest has made a payment for their booking. Individuals must be able to revoke consent at any time by replying to you or clicking unsubscribe options. When an individual opts out, you should notify them or clarify that the messages they receive are transactional and based on business needs and operations.
Identifying Yourself as the Sender
Every message you send should clearly identify you (the party that obtained the opt-in from the recipient) as the sender, except in follow-up messages of an ongoing conversation where the replies are frequent and small in nature. Examples of ongoing conversations are SMS and email threads with a back-and-forth conversation between you and the recipient.
Clear identification means a proper name, brand name, brand logo, and/or domain name representing you as a person or business to the world. It should be simple for the recipient to find your business online or via a booking channel (e.g., Airbnb) based on the sender's identification in your messaging.
Usage Limitations
Content We Do Not Allow
The key to ensuring that messaging remains an excellent channel for communication and innovation is preventing abusive use of messaging platforms. That means we never allow some types of content on our platform, even if our customers get consent from recipients for that content.
Our Acceptable Use Policy already prohibits sending any content that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public, even if the content is legally permissible.
Please note that some of the above restrictions (e.g., Cannabis) were created by the telecommunication carriers that deliver our messages and are not restrictions created by Epiqhost. However, because we use their networks, we are required to follow them. You may disagree with these restrictions - but we cannot change them. Objections to these policies do not absolve you of the requirement to comply.
Country-Specific Rules
All messages should comply with the rules applicable to the country in which the message recipient lives.
Age and Geographic Gating
If you are sending messages in any way related to alcohol, firearms, gambling, tobacco, or other adult content, then more restrictions apply. In addition to obtaining consent from every message recipient, you must ensure that no message recipient is younger than the legal age of consent based on where the recipient is located. You also must ensure that the message content complies with all applicable laws of the jurisdiction in which the message recipient is located or applicable communications industry guidelines or standards. You need to be able to provide proof that you have in place measures to ensure compliance with these restrictions. Otherwise, it is also best to avoid sending this type of message content.
Violation Detection and Prevention Evasion
Customers may not use Epiqhost's messaging platform to evade unwanted messaging detection and prevention mechanisms on Epiqhost or one of Epiqhost's channel or telecommunications partners. Subject to the Epiqhost Privacy Policy, Epiqhost collects and monitors all messages transmitted via Epiqhost's platform to detect spam, fraudulent activity, and violations of our Acceptable Use Policy
Examples of prohibited practices include:
How We Handle Violations
When we identify a violation of these principles, where possible, we will work with users in good faith to get them back into compliance with this policy. However, to protect the continued ability of all our customers to use messaging for legitimate purposes freely, we reserve the right to suspend or remove access to Epiqhost's platform for users, or users' guests and partners, that we determine are not complying with the Messaging Policy, or who are not following the law in any applicable area or applicable communications industry guidelines or standards, in some instances with limited notice in the case of serious violations of this policy. U.S. telecommunications providers may assess fees for non-compliant SMS traffic, and Epiqhost will pass these fees on to you. To date, T-Mobile is the first U.S. telecommunications provider to announce non-compliance fees for violations of T Mobile's Code of Conduct. Epiqhost will update these guidelines accordingly if/ when additional U.S. telecommunications providers announce non-compliance fees.
T-Mobile non-compliance fees are as follows:
10DLC Long Code Messaging Program Evasion: A $1,000 pass-through fee if a customer program/campaign is found to be using techniques such as snowshoeing or unauthorized number replacement/recycling.
Content Violation: After a prior warning, a $10,000 pass-through fee may be imposed for each unique instance of content violating the T Mobile Code of Conduct involving the same sender/content provider. This includes SHAFT (Sex, Hate, Alcohol, Firearms, Tobacco) violations, spam, phishing, and messaging that meets the Severity 0 violation as defined in the CTIA Short Code Monitoring Handbook. Any fines or fees assessed to Epiqhost for a particular user's activity will be passed along to that user for immediate payment. That user's messaging may be locked or suspended. This includes other telecommunication carriers that may assess fines or fees, even if they are not explicitly enumerated in this Messaging Policy.
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