Use these templates on your website, then add the public URL to your EchoTexting campaign as the Terms & Conditions Link. Carriers and The Campaign Registry (TCR) expect terms on your domain that clearly describe the text messaging program.
This is a starting template, not legal advice. EchoTexting does not provide legal services. Have qualified counsel review your terms before you publish them—especially if you charge subscribers, run contests, collect health or financial data, market to children, or operate outside the United States.
Publish a privacy policy as well. Use the SMS Privacy Policy Template if you need one. Also read the SMS Compliance Guide for consent, STOP/HELP, and recordkeeping.
How to use
- Choose a template
- Already have terms of use / terms of service? Use Template A (SMS addendum). Paste it as a new section and keep the rest of your terms.
- No terms page yet? Use Template B (full terms) as a new page.
- Replace every placeholder in
[BRACKETS]with your business details. Do not leave brackets on the published page. - Host it on your own public website (for example
https://yourbusiness.com/terms). Do not put it behind a login. TCR and carriers often reject missing, generic, or platform-hosted terms. - Paste the live URL into your campaign Terms & Conditions Link field when you create or edit the campaign.
- Link the same URL from every SMS opt-in (website form, keyword landing page, paper form), together with your privacy policy.
Do not copy EchoTexting’s own Terms of Use onto your site. That document covers our platform, not your texting program with your customers.
Placeholders
Replace these values in both templates:
| Placeholder | What to put |
|---|---|
[COMPANY NAME] | Legal business name as customers know you |
[WEBSITE URL] | Your public website (include https) |
[PRIVACY POLICY URL] | Public URL of your privacy policy page |
[PRIVACY EMAIL] | Inbox you monitor for help and legal notices |
[PRIVACY PHONE] | Phone number for HELP requests |
[POSTAL ADDRESS] | Business mailing address |
[MESSAGE TYPES] | What you send, e.g. appointment reminders, order updates, promotions |
[MESSAGE FREQUENCY] | How often you text, e.g. up to 4 messages per month, or message frequency varies |
[SMS NUMBER] | The number people text or receive messages from |
[GOVERNING STATE] | State whose law will govern the full terms (often where you are based) |
[EFFECTIVE DATE] | Date you publish or last update the terms |
If a line does not apply, delete that sentence rather than leaving placeholder text.
Carrier / TCR checklist
Reviewers commonly look for all of the following on the public terms page:
| Requirement | Why it matters |
|---|---|
| Public page that describes the SMS/MMS program (who sends, what messages, from which number) | Generic website terms with no SMS language are often rejected |
| Express consent; consent is not a condition of purchase (for marketing programs) | Required under the TCPA for promotional texts |
| Message types, frequency, and “Msg & data rates may apply” | Matches the disclosures used at opt-in |
| STOP, HELP, and START (or equivalent re-opt-in) | CTIA and carrier program rules |
| Link to the privacy policy | Opt-in disclosures must point to both terms and privacy |
| Eligibility (typically 18+) | Common carrier and TCPA expectation |
| Carriers are not liable for delayed or undelivered messages | Standard program disclosure |
| How to contact the business | HELP and legal notices |
California-specific rules for terms are lighter than for privacy: state eligibility/age, point California privacy rights to your privacy policy, and set governing law. Do not copy a full CCPA section into the terms; put that in the privacy policy.
Template A — SMS terms addendum
Use this if you already have terms of use. Add it as its own section (for example “Text Messaging Program”) and update your table of contents if you have one.
TEXT MESSAGING PROGRAM TERMS Effective date: [EFFECTIVE DATE] These Text Messaging Program Terms (“SMS Terms”) govern the SMS/MMS program operated by [COMPANY NAME] (“we,” “us,” or “our”). They supplement our Terms of Use at [WEBSITE URL]. If there is a conflict between these SMS Terms and another part of our Terms of Use about text messaging, these SMS Terms control. Our Privacy Policy at [PRIVACY POLICY URL] describes how we collect and use information in connection with the program. Program description By opting in, you agree to receive recurring SMS and/or MMS messages from [COMPANY NAME] at [SMS NUMBER]. Messages may include [MESSAGE TYPES]. Message frequency: [MESSAGE FREQUENCY]. Message and data rates may apply. Your mobile carrier may charge you according to your plan. We do not charge a separate fee to join the program. Consent You represent that you are the subscriber or customary user of the mobile number you provide and that you are at least 18 years of age (or the age of majority in your jurisdiction if higher). You provide your express consent to receive automated text messages from us at that number. Consent is not a condition of purchase. Opt-out, help, and re-subscribe - Reply STOP to cancel. We will send a one-time confirmation and then stop messaging you unless you opt in again. - Reply HELP for help, or contact [PRIVACY EMAIL] or [PRIVACY PHONE]. - Reply START (or follow the opt-in instructions we provide) to resubscribe after you have opted out. Supported carriers and delivery The program should work with major U.S. carriers. Carriers are not liable for delayed or undelivered messages. Delivery can fail because of carrier coverage, your device, or factors outside our control. Privacy We do not sell, rent, or share your mobile phone number or SMS opt-in data with third parties or affiliates for their own marketing or promotional purposes. Details, including California and other state privacy rights, are in our Privacy Policy: [PRIVACY POLICY URL]. Changes and termination We may change these SMS Terms or the program (including frequency or message types) by posting an updated version. We may suspend or end the program at any time. If you do not agree to an update, opt out by replying STOP. Contact [COMPANY NAME] [POSTAL ADDRESS] [PRIVACY EMAIL] | [PRIVACY PHONE] [WEBSITE URL]
Template B — Full website Terms of Use
Use this if you do not already have terms of use. Publish it as a public page on your site, then link that URL from opt-in forms and from your EchoTexting campaign.
TERMS OF USE Effective date: [EFFECTIVE DATE] Welcome to [COMPANY NAME] (“Company,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website at [WEBSITE URL] (the “Site”) and our SMS/MMS text messaging program (together, the “Services”). By using the Site or opting in to texts, you agree to these Terms. If you do not agree, do not use the Site or the texting program. Our Privacy Policy at [PRIVACY POLICY URL] explains how we collect, use, and share personal information. California and other state privacy rights are described there, not in these Terms. 1. Eligibility You must be at least 18 years of age (or the age of majority in your jurisdiction if higher) to use the Services or join the texting program. By using the Services, you represent that you meet this requirement and have the legal capacity to agree to these Terms. 2. The Site You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to: - Violate any applicable law - Interfere with or disrupt the Site - Attempt to gain unauthorized access to our systems - Use the Site to send spam or malicious content We may change, suspend, or discontinue any part of the Site at any time. 3. Text messaging program By opting in, you agree to receive recurring SMS and/or MMS messages from [COMPANY NAME] at [SMS NUMBER]. Messages may include [MESSAGE TYPES]. Message frequency: [MESSAGE FREQUENCY]. Message and data rates may apply. Your carrier may charge you according to your plan. We do not charge a separate fee to join the program. You represent that you are the subscriber or customary user of the mobile number you provide. You provide your express consent to receive automated text messages from us at that number. Consent is not a condition of purchase. - Reply STOP to cancel. We will send a one-time confirmation and then stop messaging you unless you opt in again. - Reply HELP for help, or contact [PRIVACY EMAIL] or [PRIVACY PHONE]. - Reply START (or follow the opt-in instructions we provide) to resubscribe after you have opted out. The program should work with major U.S. carriers. Carriers are not liable for delayed or undelivered messages. Delivery can fail because of carrier coverage, your device, or factors outside our control. We do not sell, rent, or share your mobile phone number or SMS opt-in data with third parties or affiliates for their own marketing or promotional purposes. See our Privacy Policy: [PRIVACY POLICY URL]. We may change the program or these SMS terms by posting an update. We may suspend or end the program at any time. If you do not agree, reply STOP. 4. Acceptable use You agree not to use the Services, including texts you send to us, to: - Harass, threaten, or abuse any person - Send unlawful, defamatory, or infringing content - Impersonate another person or misrepresent your affiliation - Transmit malware or attempt to disrupt our systems We may stop responding to or block numbers that violate these rules. 5. Intellectual property and user content The Site and its content are owned by [COMPANY NAME] or our licensors. You may not copy, modify, or distribute our content except as allowed by law or with our written permission. If you send us messages or other content, you grant us a non-exclusive license to use that content as needed to operate the Services (for example, to reply to you and keep compliance records). You represent that you have the right to share that content. 6. Disclaimers THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT MESSAGES WILL BE DELIVERED, TIMELY, OR ERROR-FREE. 7. Limitation of liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, [COMPANY NAME] AND ITS SERVICE PROVIDERS (INCLUDING OUR SMS PLATFORM AND MOBILE CARRIERS) WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING OUT OF THE SERVICES, INCLUDING DELAYED OR UNDELIVERED MESSAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) FIFTY U.S. DOLLARS ($50). SOME STATES, INCLUDING CALIFORNIA, DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE STATES OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 8. Indemnity You agree to defend, indemnify, and hold harmless [COMPANY NAME] and its officers, employees, and service providers from claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your use of the Services, your content, or your violation of these Terms or applicable law. 9. Governing law These Terms are governed by the laws of the State of [GOVERNING STATE], without regard to conflict-of-law rules. You agree that courts located in [GOVERNING STATE] will have exclusive jurisdiction over disputes arising out of these Terms, except that we may seek injunctive relief in any jurisdiction. If you are a consumer, you may have additional rights that cannot be waived under the law of your state of residence, including California. 10. Changes We may update these Terms from time to time. The effective date at the top will change when we do. The updated Terms will be posted at [WEBSITE URL]. Continued use of the Site or texting program after the update means you accept the revised Terms. If you do not agree, stop using the Services and reply STOP to leave the texting program. 11. Contact [COMPANY NAME] [POSTAL ADDRESS] [PRIVACY EMAIL] [PRIVACY PHONE] [WEBSITE URL] Privacy Policy: [PRIVACY POLICY URL]
After you publish
- Open the page in a private/incognito window and confirm it loads without signing in.
- Search the page for leftover
[BRACKETS]. - Confirm the page describes the SMS program, STOP/HELP, frequency, rates, and that consent is not a condition of purchase.
- Add the URL to your EchoTexting campaign Terms & Conditions Link.
- Add your privacy policy URL to Privacy Policy Link (use the SMS Privacy Policy Template if needed).
- Link both URLs on every opt-in (web form, keyword page, paper form, verbal script follow-up).
- Update the page if your message types, frequency, or program rules change.
If you are unsure whether the template matches how you actually run the program, pause and get legal review before you submit the campaign to TCR.