1. Introduction

These Terms of Service (“Terms”) govern your use of the SMS/MMS text messaging features (“Texting Service”) provided through the FutureDigital360.com LLC (“FD360”) VoIP system, which utilizes Bandwidth as the underlying carrier/SIP provider and Yeastar as the VoIP software platform. By enabling or using the Texting Service, you agree to these Terms in addition to FD360’s general VoIP service agreement.

2. Service Providers & Infrastructure

The Texting Service is delivered through the following components:

• Bandwidth: carrier connectivity, message routing, and compliance enforcement
• Yeastar: PBX/VoIP platform and messaging interface
• FD360: provisioning, configuration, billing, and customer support

Your use of the Texting Service is subject to the policies and restrictions of these upstream providers.

3. Acceptable Use Requirements

You agree to comply with:

• Bandwidth’s Acceptable Use Policy
• CTIA Messaging Principles & Best Practices
• TCPA (Telephone Consumer Protection Act)
• Carrier-specific A2P messaging rules
• Yeastar system usage guidelines
• FD360’s Acceptable Use Policy

You may not use the Texting Service for:

• Unsolicited or unauthorized marketing (“spam”)
• High-risk or prohibited content, including SHAFT (sex, hate, alcohol, firearms, tobacco)
• Fraud, impersonation, phishing, or deceptive practices
• Malware, harmful links, or security-threatening content
• Emergency or life-critical messaging unless explicitly approved
• Any activity that triggers carrier filtering or violates Bandwidth’s policies

FD360 may suspend or terminate service for violations.

4. Consent, Opt-In, and Opt-Out Obligations

You are solely responsible for:

• Obtaining valid, documented consent from all message recipients
• Maintaining opt-in records
• Including opt-out instructions when required (“Reply STOP to unsubscribe”)
• Immediately honoring STOP, END, CANCEL, UNSUBSCRIBE, or QUIT requests
• Ensuring your messaging flows comply with A2P 10DLC rules (if applicable)

Carrier penalties or regulatory fines resulting from non-compliance are your responsibility.

5. A2P 10DLC Registration (U.S. Only)

If you send messages to U.S. numbers using 10-digit long codes:

• You must register your Brand and Campaigns through FD360’s Bandwidth-supported registration process
• You must provide accurate use-case descriptions
• Carriers may block or surcharge unregistered traffic
• FD360 may suspend messaging if you fail to maintain compliance

Carrier penalties or regulatory fines resulting from non-compliance are your responsibility.

6. Message Delivery & Performance

Because the Texting Service relies on Bandwidth’s carrier network and third-party mobile operators, FD360 does not guarantee:

• Delivery of all messages
• Delivery within a specific timeframe
• Delivery to all carriers or geographic regions
• Delivery of MMS content due to device or carrier limitations

Carrier filtering, network congestion, or regulatory restrictions may impact performance.

7. Fees & Billing

You agree to pay all applicable charges, including:

• Per-message SMS/MMS fees
• Carrier surcharges
• A2P 10DLC registration and campaign fees
• Bandwidth-imposed compliance or pass-through fees
• Any Yeastar-related licensing or feature fees (if applicable)

Fees may change based on carrier or regulatory updates.

8. Data Privacy & Security

• Message content and metadata may be processed by Bandwidth and Yeastar solely for delivery and system functionality
• FD360 does not access message content except as required for troubleshooting, abuse prevention, or legal compliance
• You are responsible for securing your Yeastar PBX credentials, API keys, and user accounts
• You must comply with applicable privacy laws (e.g., GDPR, CCPA)

9. Automated or High-Volume Messaging

You may not:

• Use automated systems to send high-volume messages without proper A2P registration
• Attempt to evade carrier filtering (“snowshoeing,” rotating numbers, etc.)
• Use the Texting Service for mass marketing without explicit consent

Bandwidth and carriers may block traffic that appears abusive or non-compliant.

10. Suspension & Termination

FD360 may suspend or terminate your Texting Service if:

• You violate these Terms or upstream provider policies
• Your traffic triggers carrier blocking or compliance violations
• Your usage poses a security or operational risk
• Bandwidth or Yeastar requires FD360 to take action

11. Service Modifications

FD360 may modify, limit, or discontinue the Texting Service at any time due to:

• Carrier policy changes
• Regulatory requirements
• Bandwidth or Yeastar platform updates
• Security or operational needs

Material changes will be communicated through your account or email.

12. Limitation of Liability

To the maximum extent permitted by law, FD360 is not liable for:

• Undelivered or delayed messages
• Carrier filtering or blocking
• Regulatory fines resulting from your non-compliance
• Losses arising from misuse of the Texting Service
• Actions taken by Bandwidth, Yeastar, or mobile carriers

13. Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles.