Anti-Spam & Acceptable Communications Policy

Mobizma LLC (“Mobizma,” “we,” “us,” or “our”) requires all Clients, Customers, Users, and Affiliate Partners using our Services to comply with this Anti-Spam and Acceptable Communications Policy (“Anti-Spam Policy”).

This Anti-Spam Policy does not apply to the practices of any companies or individuals that Mobizma does not control, or any third-party websites that you visit as a result of using our services. You should use caution and review, understand, and comply with the terms and conditions of use relating to such third-party Usenet groups, message boards, chat rooms, websites, or social platforms.

1. Scope and Definitions

For purposes of this Anti-Spam Policy, “Client” means any business or organization that uses Mobizma's Services, including Services provided through a Client-specific account, sub-account, CRM, automation system, communications system, or other environment.
“Client Communications” means email, SMS, MMS, telephone, voice, WhatsApp, social-media messaging, chat, direct messaging, or other communications initiated, configured, automated, or transmitted on behalf of a Client using the Services.
“Client Data” means information supplied by or collected on behalf of a Client, including customer, prospect, lead, subscriber, and contact information.
“Mobizma Communications” means communications sent by Mobizma for its own business purposes.
“User” means an individual or organization using the Website or Services, including a Visitor, Fan, Subscriber, Customer, or Affiliate Partner of Mobizma, or other authorized user.

1.1 What Constitutes Spam or Prohibited Communications?

“Spam” includes unsolicited, unlawful, deceptive, abusive, or otherwise prohibited commercial or promotional communications sent through any communication channel.

Depending on applicable law and the circumstances, prohibited communications may include:

email sent without required permission or lawful basis;
SMS or MMS sent without required consent;
automated or prerecorded calls made without required authorization;
messages sent to individuals who have opted out or requested no further communications;
messages sent using purchased, scraped, harvested, or unlawfully obtained contact information;
deceptive or misleading sender identification or content;
messages that conceal the identity of the sender;
repeated communications after a recipient has opted out;
bulk or automated messaging that violates applicable platform or carrier requirements;
unsolicited messages posted to social-media accounts, forums, comments, groups, or other online communities; and
communications that violate applicable privacy, consumer-protection, telemarketing, electronic communications, or anti-spam laws.

1.2 What is Email Spam?

"Spam" is unsolicited email messages including commercial email, bulk email, and junk email sent to individuals who have not given you their consent to receive such messages from you (the Sender), who have not requested the information contained in such messages, and who have no prior professional or personal relationship with you.

Spam also includes malpractices, whether performed manually or via bots, tools, or services, that attack and spam things such as:

Social media user accounts,
Social media user posts or replies,
Peer-to-peer (P2P) messaging apps,
Forums and message boards,
Blogs and blog comments,
Content sharing sites (such as YouTube),
and similar properties.

Spamming with promotional messages that are unrelated to the topic of discussion of a particular post, piece of content, discussion topic, newsgroup, or message board is strictly prohibited by Mobizma, whether you are a Customer, a Client, or an Affiliate Partner.

2. No Spamming.

You must not send Spam about Mobizma, our services, or any Mobizma services to people whom you do not know.

You must never send unsolicited SMS or WhatsApp messages, or email, to purchased lists, purchased contacts, or, in general, to people who did not explicitly opt in to receive such messages from you.

2.1 To whom can I send messages using Email?

Being listed as a customer, lead, contact, subscriber, or other record in a Client's CRM does not by itself establish that the Client has permission to send every type of communication to that individual.

Clients are responsible for determining what communications are legally permitted and for maintaining appropriate consent and suppression records.

You may not send unsolicited email messages of any kind to leads or contacts with whom you have not had prior contact, or to Users who have not given you permission to send them advertising or solicitation materials, and or to Users who have requested to be removed from your list/s (DnD); Mobizma considers this to be spam.

If a User on your “My Customers” list requests that you do not send such messages, you agree to respect the wishes of that User and agree not to send any further messages to that User.

As a Mobizma Affiliate Partner, you may email your legally obtained email subscriber list(s), or those lists you are contracted to manage for someone else, provided all applicable consent and anti-spam requirements are met.

2.2 Can I post a message about Mobizma to online forums, groups or in chat rooms?

You may post messages about Mobizma, our services, products, and Service Plans to any group that welcomes such messages—for example, free or private/paid forums and social groups that discuss topics relating to online marketing, business growth, or earning money online.

However, please adhere to our User Terms of Service Agreement and do not post unsolicited messages about Mobizma on other internet sites in a manner that could reasonably be construed as Spam.

You can review our Terms of Service at https://mobizma.com/tos.

2.3 What’s the best way to refer people to Mobizma?

The easiest way to refer people to Mobizma is by emailing or messaging your friends, family, clients, and other people you know who have expressed interest in our services or in the topics we cover.

You can also promote and spread the word about Mobizma products, services, and case studies, testimonials, or educational materials via your social media channels and accounts, as well as via content marketing, press releases, buying paid promotions in someone else’s email newsletter, running ad campaigns on YouTube, TikTok, Facebook, Instagram, Google, native ad networks, pop-under/PPV, and any other legal means.

Please review our Terms of Service at https://mobizma.com/tos for more in-depth rules on what we permit and what we do not permit (including our affiliate terms and rules).

3. The CAN-SPAM AND OTHER COMMUNICATIONS LAWS

Mobizma supports compliance with the U.S. CAN-SPAM Act and other applicable electronic communications laws. Where Mobizma sends marketing communications directly, Mobizma will provide legally required identification, disclosures, and opt-out mechanisms.

Clients remain independently responsible for compliance with CAN-SPAM and all other laws applicable to their own communications.

Compliance with this Anti-Spam Policy does not by itself establish compliance with every law applicable to a Client's particular communications.

Mobizma is not responsible for the independent acts or omissions of Affiliates or other third parties. However, Mobizma may suspend or terminate an Affiliate relationship where we reasonably determine that the Affiliate has violated applicable law, this Anti-Spam Policy, or the Mobizma Terms of Service.

Dear User, we at Mobizma appreciate your support, and we thank you for recommending us to your friends, family, and audience.

We also strive to respect people’s privacy. Consistent with the standards set forth in the U.S. CAN-SPAM Act, all messages that we send to our customers and subscribers (for example, visitors to our website who requested that we send them information by opting in, signing up, filling in a form, or when attempting to purchase a product or service but not finalizing the checkout) will include an “opt-out” or “unsubscribe” link so recipients can request not to receive such messages from us in the future.

Mobizma includes these opt-out features in the marketing, promotional, and advertising emails we send to you, as well as in those we may send on behalf of our partners.

Our respected Affiliate Partners must also comply with CAN-SPAM rules and laws.

Mobizma is not responsible for the actions of its Affiliates and Partners. Nonetheless, any Affiliate violating applicable laws and caught spamming may be terminated immediately and may forfeit any unpaid or due payouts, in our sole discretion.

3.1 What if I believe I was spammed by a Mobizma User?

If you believe you were spammed by a Client or User associated with Mobizma, please forward us the full text of the message you received by emailing [email protected].
Please include the name or ID of the alleged offending User who sent the message, indicate whether you were able to unsubscribe, and let us know if that User continued to send you unsolicited messages more than 24 hours after you unsubscribed.

We will contact the person whom you believe sent you spam and investigate the matter further.

3.2 What happens to people who send spam messages about Mobizma?

If notified, Mobizma will investigate the messages in question. We reserve the right to warn, suspend, or terminate any User account that Mobizma determines, in its sole discretion, is transmitting, facilitating, or is otherwise connected with spam.

4. Client Responsibility for Communications and Contact Lists

Mobizma provides technology, automation, CRM, communications, and related services. Mobizma does not generally determine which individuals a Client contacts, why the Client contacts them, or whether the Client has obtained the permissions, consents, authorizations, or other legal bases required to contact them.
Each Client is solely responsible for:
the source and legality of its customer, prospect, lead, subscriber, and contact lists;
obtaining all required permissions, consents, opt-ins, and authorizations;
providing legally required privacy notices and disclosures;
determining whether an individual may lawfully be contacted;
ensuring that its email, SMS, MMS, telephone, voice, WhatsApp, social-media, and other communications comply with applicable laws and regulations;
maintaining accurate suppression, unsubscribe, opt-out, and do-not-contact lists;
honoring opt-out and unsubscribe requests;
ensuring that its campaigns and messages are truthful, lawful, and not deceptive; and
ensuring that its use of Mobizma's Services complies with this Anti-Spam Policy and the Mobizma Terms of Service.

A Client's use of Mobizma's Services does not transfer these responsibilities to Mobizma. Mobizma is not responsible for determining whether a Client has obtained legally sufficient consent or authorization to contact an individual.

4.1 Contact Lists and Lead Sources

Clients must not upload, import, purchase, scrape, harvest, or otherwise provide Mobizma with contact information obtained in violation of applicable law or third-party rights.
Clients are responsible for ensuring that their customer, lead, prospect, subscriber, and contact lists are obtained and maintained lawfully.
Mobizma does not guarantee that a Client's contact list is legally usable for marketing, sales, SMS, telephone, email, or other communications.
Mobizma may require a Client to demonstrate the source or basis for a contact list, provide evidence of consent, remove particular contacts, or cease a campaign where we reasonably believe that the list or campaign presents a compliance, abuse, spam, security, or reputational risk.

4.2 SMS, MMS, Telephone and Voice Communications

Clients using Mobizma's SMS, MMS, telephone, voice, or related communications functionality are responsible for complying with all applicable federal, state, local, carrier, telecommunications, privacy, and consumer-protection requirements.

Clients must obtain all required consent before sending marketing or other messages for which consent is legally required.
Clients must maintain appropriate records demonstrating consent where required.
Clients must honor STOP, unsubscribe, do-not-call, and other legally required opt-out requests and must not continue prohibited communications after an individual has opted out.
Clients must not use Mobizma to send messages to purchased, scraped, harvested, or otherwise unlawfully obtained telephone-number lists.

Mobizma may suspend or terminate messaging functionality where we reasonably believe that a Client is violating applicable law, carrier requirements, this Anti-Spam Policy, or the Terms of Service.

4.3 Third-Party Communications Infrastructure

Mobizma relies on third-party technology and infrastructure providers, including CRM, cloud hosting, telecommunications, email, SMS, voice, and messaging providers, to deliver portions of the Services.
Client Communications may therefore be transmitted or processed through third-party systems and networks selected or configured by Mobizmaa or the applicable Client.
Mobizma does not control the independent operations, policies, carrier decisions, filtering systems, availability, or security of third-party telecommunications networks, messaging platforms, email providers, or infrastructure providers.
Mobizma does not guarantee delivery of any particular message or communication and is not responsible for a third party's decision to block, filter, delay, reject, or otherwise restrict a communication, except to the extent liability cannot lawfully be excluded.

5. Client Indemnification and Liability

Clients are responsible for their own communications and use of Client Data. Client obligations, representations, warranties, indemnification obligations, and limitations of liability are governed by the Mobizma Terms of Service and, where applicable, the Client's separate service agreement or Master Services Agreement.

To the extent permitted by applicable law and the applicable agreement, Clients may be responsible for claims, losses, penalties, damages, costs, and expenses arising from their unlawful communications, contact lists, failure to obtain required consent, failure to honor opt-outs, or violation of applicable law.

5.1 Enforcement

Mobizma reserves the right, in its sole reasonable discretion and subject to applicable law, to investigate suspected violations of this Anti-Spam Policy.
Depending on the circumstances, Mobizma may:
request information concerning a Client's contact list or consent practices;
require removal of contacts;
require changes to a campaign or communication;
suspend messaging or other communications functionality;
restrict or disable particular features;
suspend or terminate an account;
remove or disable content;
cooperate with carriers, platforms, regulators, law enforcement, or other appropriate parties; and/or
take other measures reasonably necessary to protect Mobizma, its Clients, recipients, third-party providers, and the integrity of the Services.

6. General Summary

As a User, you agree to use the Mobizma site and services only for authorized and lawful purposes, consistent with all applicable laws and regulations and with the rights of others. You agree not to use the Mobizma site and services to transmit or process content in violation of any applicable law or regulation, including, without limitation, laws relating to unsolicited email, anti-spam laws, and export or encryption laws or regulations.

This Anti-Spam Policy forms part of the Mobizma Terms of Service and is incorporated into those Terms by reference.
In the event of a conflict between this Anti-Spam Policy and the Terms of Service, the Terms of Service will control unless expressly stated otherwise.
Capitalized terms not defined in this Anti-Spam Policy have the meanings given to them in the Terms of Service.