Terms of Service

Effective Date: 12/10/2024

Last Updated: 06/25/2025

1. Service Description

PNW Software Solutions SMS Program: Users will receive automated text messages related to their account activity, service updates, and promotional offers through our Wave Line platform.

2. Cancellation Policy

You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

3. Support

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at admin@pnwsoftwaresolutions.com or call +1-253-499-5890.

4. Carrier Liability

Carriers are not liable for delayed or undelivered messages.

5. Message & Data Rates

Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies based on your account activity and preferences. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

6. Privacy Policy

If you have any questions regarding privacy, please read our privacy policy at: Privacy Policy

7. Business Verification

PNW Software Solutions reserves the right to request business verification documents from Customer at any time. These documents may include, but are not limited to:

Business registration documents (Articles of Incorporation, Operating Agreement)
EIN verification letter or IRS documentation
Proof of business address (utility bill, lease agreement)
Government-issued ID of authorized representatives
Proof of opt-in consent for message recipients
Documentation supporting claimed industry or use case

Customer acknowledges and agrees that compliance with business verification requests is essential for A2P 10DLC registration and ongoing messaging services. Customer agrees to provide any requested verification documents within 48 hours of request. If Customer is unable to comply in a manner deemed satisfactory by PNW Software Solutions, we reserve the right to suspend or terminate Customer's access to messaging services without refund.

8. Messaging Policy

PNW Software Solutions treats all messaging transmitted via Wave Line as Application-to-Person ("A2P") messaging subject to carrier guidelines and The Campaign Registry requirements. Customer is responsible for all messages sent through their account and any sub-users they authorize.

9. A2P 10DLC Registration

Customer authorizes PNW Software Solutions to:

Submit A2P 10DLC registration on Customer's behalf to Twilio and The Campaign Registry (TCR)
Provide Customer's business information as required for registration
Create and manage messaging campaigns in compliance with industry standards
Act as Customer's authorized agent for all A2P 10DLC registration matters

10. Consent/Opt-in Requirements

Prior to sending any message, Customer must:

Obtain explicit written or electronic consent from each recipient
Clearly disclose the types of messages to be sent
Specify message frequency
Include "Message and data rates may apply" disclosure
Provide clear opt-out instructions

Customer must maintain detailed records of consent including:

Timestamp of consent
Method of consent (web form, paper signup, verbal with recording, etc.)
IP address (for electronic consent)
Copy of consent language presented
These records must be retained for at least 5 years

Consent is limited to the specific use case registered with The Campaign Registry. Customer may not repurpose consent for different message types without obtaining new explicit consent.

11. Message Content Requirements

Every message must:

Clearly identify Customer's business as the sender (except in ongoing conversations)
Match the registered use case and sample messages
Include opt-out instructions in the initial message: "Reply STOP to unsubscribe" or equivalent
Comply with all applicable laws including TCPA and CAN-SPAM

12. Opt-out Requirements

Customer must honor all standard opt-out keywords: STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT, OPTOUT
Opt-outs must be processed immediately and automatically
Only one confirmation message permitted after opt-out
Customer must maintain a suppression list of all opted-out numbers
Any subsequent messages after opt-out are prohibited

13. Prohibited Content

Customer may not send messages containing:

Illegal content or promoting illegal activities
Hate speech, harassment, or discriminatory content
Adult or NSFW content
Cannabis-related content (even where legal)
Phishing, spam, or deceptive content
Content violating third-party intellectual property rights
High-risk financial services (cryptocurrency, payday loans, debt collection)

14. Customer Attestations

Customer attests that:

All business information provided for A2P 10DLC registration is accurate, complete, and current
They have full authority to authorize this registration and bind their organization
They will maintain compliance with all applicable messaging laws and regulations including TCPA
They will promptly notify PNW Software Solutions of any changes to business information
They understand that providing false information may result in campaign rejection or suspension

15. Compliance Responsibilities

Customer is solely responsible for:

Message content and compliance with TCPA, CAN-SPAM, CTIA guidelines, and carrier policies
Obtaining and documenting proper consent from all message recipients
Maintaining opt-in records for at least 5 years and honoring all opt-out requests
Ensuring all messages match approved use cases and sample messages
Responding to compliance inquiries from carriers or regulatory bodies

16. Monitoring and Enforcement

PNW Software Solutions may:

Monitor message content for compliance
Request samples of opt-in records at any time
Suspend service immediately for violations
Report violations to carriers and The Campaign Registry
Charge Customer for any fines or penalties incurred due to Customer's non-compliance

17. Cooperation with Investigations

Customer agrees to fully cooperate with any compliance investigations by:

Providing requested documentation within 24 hours
Granting access to message logs and consent records
Participating in remediation efforts
Implementing required changes to maintain compliance

Failure to cooperate will result in immediate suspension of messaging services.

18. Fees and Charges

Customer acknowledges and agrees:

A2P 10DLC registration fees will be passed through to Customer without markup
Monthly brand and campaign fees will apply as charged by TCR
Additional fees may apply for secondary vetting, campaign verification, or special use cases
All A2P 10DLC fees are non-refundable once submitted to TCR
PNW Software Solutions may require prepayment of registration fees

19. Indemnification

Customer agrees to indemnify, defend, and hold harmless PNW Software Solutions, its officers, directors, employees, and agents from any and all claims, damages, losses, costs, or penalties arising from:

Inaccurate or fraudulent business information provided for registration
Non-compliant messaging practices or content
Violations of carrier policies, industry guidelines, or applicable regulations
Unauthorized use of the messaging service
Any third-party claims related to Customer's messaging activities
Customer's message content
Failure to obtain proper consent
Any consumer complaints regarding Customer's messages

20. Right to Suspend Service

PNW Software Solutions reserves the right to immediately suspend or terminate messaging services without prior notice if:

Violations of messaging compliance are detected or reported
The Campaign Registry, Twilio, or carriers flag the account for suspicious activity
Customer fails to maintain accurate registration information
Customer's messaging practices pose a risk to PNW Software Solutions' reputation or infrastructure
Customer fails to pay applicable fees when due
Customer fails to provide requested verification documents within specified timeframes

21. Data Processing and Privacy

PNW Software Solutions will process Customer data solely for A2P 10DLC registration purposes
Customer data will be shared with Twilio and TCR as required for registration
PNW Software Solutions will implement reasonable security measures to protect Customer data
Upon termination, registration data will be retained as required by applicable regulations

22. Limitation of Liability

PNW Software Solutions' total liability for any claims related to A2P 10DLC services shall not exceed the fees paid by Customer for such services in the 12 months preceding the claim. PNW Software Solutions shall not be liable for any indirect, consequential, or punitive damages.

23. Termination

Either party may terminate A2P 10DLC services with 30 days written notice. Upon termination, Customer remains responsible for all accrued fees and maintaining their own messaging compliance.

24. Governing Law

These terms shall be governed by the laws of the State of Washington, without regard to conflict of law principles.

25. Modifications

PNW Software Solutions reserves the right to modify these terms at any time. Continued use of services after modification constitutes acceptance of updated terms.