ScaleAxis
Log inBook audit

Legal

SMS / A2P 10DLC messaging policy

Effective September 7, 2026 · Last updated September 7, 2026

This SMS / A2P 10DLC Messaging Policy ("SMS Policy") applies to Customer's use of any SMS, MMS, voice, or phone-number features of the Service. SMS, MMS, voice, and phone-number provisioning are powered by Twilio under a reseller / subaccount model. Customer must comply with: (a) this SMS Policy; (b) the Twilio Acceptable Use Policy (twilio.com/en-us/legal/aup); (c) the Twilio Messaging Policy (twilio.com/en-us/legal/messaging-policy); and (d) all applicable laws and carrier requirements, including the Telephone Consumer Protection Act ("TCPA"), the Telemarketing Sales Rule, applicable state telemarketing laws, and CTIA Short Code and Messaging Principles & Best Practices.

By providing your mobile number and opting in, you consent to receive SMS messages from ScaleAxis OS or the business using ScaleAxis OS to contact you. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time and HELP for help. Mobile opt-in information and consent are not shared with third parties or affiliates for marketing or promotional purposes.

2.1 Marketing messages (SMS or voice) sent to wireless numbers using an automatic telephone dialing system or artificial/prerecorded voice require prior express written consent that satisfies 47 C.F.R. § 64.1200(f)(9): a written agreement, bearing the consumer's signature (including electronic signature under E-SIGN), that clearly authorizes delivery of advertisements or telemarketing messages from a clearly identified seller, and discloses that consent is not a condition of purchase.

2.2 Informational / transactional messages (non-marketing, e.g., appointment reminders, OTPs) require prior express consent, which can be satisfied by the recipient providing their wireless number in the context of the transaction.

2.3 One-to-one consent rule status. The FCC's December 2023 one-to-one consent rule was vacated by the Eleventh Circuit on January 24, 2025 in Insurance Marketing Coalition v. FCC and formally repealed by the FCC on August 29, 2025. ScaleAxis still recommends "single seller" consent practices as a defensive standard.

2.4 Revocation of consent. Pursuant to FCC rules effective April 11, 2025, Customer must honor any reasonable means of revocation and stop sending marketing messages within ten (10) business days of receipt. A one-time confirmation message may be sent within five (5) minutes if it contains no marketing content.

2.5 Records. Customer must retain records of consent (date, time, method, content of consent disclosures, and IP/source) for at least five (5) years and provide them to ScaleAxis or carriers on request. (Twilio Messaging Policy: "You are required to retain proof of all consents obtained from recipients for as long as needed to meet your legal requirements and at least until a recipient withdraws their consent.")

3.1 Required. All SMS traffic sent over U.S. 10DLC numbers requires Brand and Campaign registration with The Campaign Registry ("TCR") via Twilio. Customer must complete registration in good faith with accurate information.

3.2 Customer Provides Registration Information. Customer is responsible for providing legally accurate Brand information (legal name, EIN, registered address, website, vertical) and Campaign information (use case, sample messages, opt-in language, message frequency).

3.3 Brand and Campaign Fees. TCR/carrier brand registration fees, monthly campaign fees, and per-message fees are passed through (with markup) to Customer per Section 4.3 of the MSA.

3.4 Reseller / ISV Architecture. ScaleAxis operates as an ISV under Twilio's ISV model and uses subaccounts to isolate Customer traffic. Customer is the registrant of the Brand for its own business.

4.1 Opt-In. Every opt-in workflow Customer creates must clearly disclose:

  • The Customer's business name and the program purpose;
  • Expected message frequency (e.g., "Up to 5 msgs/month");
  • The statement "Msg & data rates may apply";
  • A statement that consent is not a condition of purchase (if marketing);
  • A link to Customer's Privacy Policy and SMS Terms;
  • That "Mobile information will not be shared with third parties or affiliates for marketing/promotional purposes" or equivalent (TCR requirement).

4.2 First Message and STOP / HELP. The initial message in any program must include: "Reply STOP to unsubscribe, HELP for help." Customer must support standard opt-out keywords (STOP, STOPALL, UNSUBSCRIBE, OPTOUT, CANCEL, END, REVOKE, QUIT) and standard help keywords (HELP, INFO).

6. Prohibited and restricted content (carrier-enforced)

5.1 Prohibited categories (these will be filtered, blocked, and may incur carrier fines):

  • SHAFT. Sex, Hate, Alcohol, Firearms, Tobacco/Vape, per Twilio's carrier-enforced framework. (Twilio error 30883 states: "SHAFT (Sex, Hate, Alcohol, Firearms, Tobacco/Vape) and Marijuana/CBD are prohibited categories. The rejected campaign is ineligible for resubmission.")
  • Cannabis, CBD, Kratom. Regardless of state legality (Twilio error 30469).
  • Illegal substances and paraphernalia.
  • Gambling, sweepstakes, lotteries, sports betting.
  • "High-risk financial services". Payday loans, short-term high-interest loans, third-party mortgage/student/auto loan marketing, cryptocurrency, investing tips.
  • Debt collection and debt forgiveness (third-party).
  • Third-party lead generation / affiliate marketing.
  • MLM, pyramid, "get-rich-quick" schemes.
  • Phishing, smishing, simulated phishing for security testing.
  • P2P messaging through A2P infrastructure (all Twilio messages are treated as A2P; you may not send person-to-person texts via the Service).

5.2 Restricted content (requires age and geographic gating, prior approval, and ScaleAxis review):

  • Alcohol, tobacco/vape (age-gated to 21+);
  • Lawful firearms sales (legal in all 50 states; age-gated; FFL verified).

5.3 URL shorteners. Public shared URL shorteners (bit.ly, tinyurl, etc.) are not permitted; use a branded shortener or a full URL.

Throughput depends on Brand Trust Score and Campaign type. Carriers may filter, block, or fine non-compliant traffic. ScaleAxis is not responsible for messages filtered or blocked by carriers and does not refund pass-through charges for blocked traffic except as required by law.

8. High opt-out / complaint triggers

Customer's account may be throttled, suspended, or terminated if its traffic exceeds carrier or ScaleAxis thresholds for:

  • Opt-out rate;
  • Complaint rate (e.g., 7726 "SPAM" reports);
  • Bounce/undeliverable rate;
  • Carrier filtering rate;
  • Unknown-recipient rate.

Customer indemnifies ScaleAxis (and ScaleAxis's affiliates and the upstream Sub-processors) for any third-party claim, regulatory action (including FCC, FTC, or state AG enforcement), and carrier penalty arising from Customer's TCPA, state telemarketing law, CTIA, or carrier-policy violation, consistent with Section 14.2 of the MSA.

Toll-free SMS is subject to separate toll-free messaging verification, additional content restrictions (including outright prohibition of high-risk financial services and third-party debt collection on toll-free SMS), and carrier filtering rules.