MacTidySMS and text messaging terms
Draft, not yet reviewed by a lawyer. These documents were written to match what MacTidy actually does, and they follow the usual structure for a macOS software product sold in the US and the EU. They are a starting point for your counsel, not legal advice, and they are not a substitute for review. Every [MARKED] item still has to be filled in, and the choices about governing law, the EU representative and retention periods are decisions only you can make.
We do not currently send text messages. This programme is published so the terms exist before any number is ever collected, which is the order the TCPA and the carrier rules expect. If you are reading this because you were asked for a mobile number, these are the terms that apply.
1. What the programme is
[PROGRAMME NAME] sends occasional messages about your MacTidy licence and, if you ask for them, product announcements. [CONFIRM: TRANSACTIONAL ONLY, OR MARKETING TOO. THE CONSENT RULES DIFFER]
2. Consent
You only receive messages if you gave us your mobile number and ticked the box asking for them. Consent is not a condition of buying anything. We do not buy phone numbers and we do not message a number that has not opted in.
For marketing messages we collect prior express written consent, as the TCPA requires, and we keep a record of when and how you gave it.
3. Message frequency
Message frequency varies. [STATE AN EXPECTED FREQUENCY, EG UP TO 4 MSGS PER MONTH. CARRIERS REQUIRE THIS]
4. Cost
Message and data rates may apply. We do not charge for the messages. Your mobile operator may, according to your plan.
5. How to stop
Reply STOP to any message and we will stop. You will get one confirmation that you have been unsubscribed, and nothing after that. You can also email [SUPPORT EMAIL] and ask.
Reply HELP for help, or email [SUPPORT EMAIL].
The keywords STOP, END, CANCEL, UNSUBSCRIBE and QUIT all work, and so do HELP and INFO, as the carrier rules require.
6. Carriers
Supported carriers vary and can change. Carriers are not liable for delayed or undelivered messages. Delivery is not guaranteed.
7. Age
You must be 18 or over, and the account holder for the number or authorised by them, to sign up.
8. Your privacy
Your mobile number is used to send you the messages you asked for and nothing else. We do not sell, rent or share mobile numbers with anyone for their own marketing. Our messaging provider processes the number on our instructions only, and is listed on the subprocessors page. The rest is in the Privacy Policy.
9. Changes
If we change these terms we will update the date at the top, and we will ask for consent again if the change means messages of a kind you did not agree to.
Before you turn any of this on: US A2P messaging needs a registered 10DLC campaign with your provider, and the registration is checked against a published copy of these terms and against the exact opt in wording on the form that collects the number. Register the campaign, keep the consent records, and have counsel confirm the opt in language. The TCPA carries statutory damages per message.