Last Updated: March 03, 2025 

This Messaging Policy applies to Clients who have access to cell phone data (“Mobile Phone data”) within the Untitled Platform. We expect that all data from the Untitled Platform will be used in a legal manner, and in accordance with the terms, provisions and obligations set forth in the Untitled Platform Service Agreement. Towards that end, we strive to work with our customers so that messages using our mobile phone data are sent with the consent of the message recipient, and that those messages comply with applicable laws, communications industry guidelines or standards, and measures of fairness and decency.

Mobile Phone data

Untitled views customers who use the Mobile Phone data will use the data to communicate with people over SMS messaging and/or Outbound Calling. As such, they will be subject to this Messaging Policy, which covers rules and /or prohibitions regarding:

• Consent ( “opt-in”);
• Revocation of Consent (“opt-out”);
• Sender Identification;
• Messaging Usage;
• Filtering Evasion; and
• Enforcement.

This policy applies to all customers who have access to Mobile Phone Data, which is a restricted data attribute within the Untitled Platform by default. If you have been granted access to this data and use it to communicate with individuals, you are solely responsible for your messaging activity. You warrant and must ensure that all messaging activity initiated by you or your users fully complies with Untitled’s Mobile Phone Data and Messaging Policies, as well as all applicable federal, state, and local laws, regulations, and compliance requirements.

Consent / Opt-in / Opt-out / Content / Age & Geographic Gating

What Is Proper Consent?

Consent can’t be bought, sold, or exchanged. For example, you can’t obtain the consent of message recipients by purchasing our mobile phone data. 

Aside from two exceptions noted later in this section, you need to meet each of the consent requirements listed below. 

Consent Requirements

• Prior to sending the first message, you must obtain agreement from the message recipient to communicate with them – this is referred to as “consent”, you must make clear to the individual they are agreeing to receive messages of the type you’re going to send. You need to keep a record of the consent, such as a copy of the document, form, or digital record that the message recipient signed, and a timestamp of when the customer completed a sign-up flow expressing their consent.

• If you do not send an initial message to that individual within a reasonable period after receiving consent (or as set forth by local regulations or best practices), then you will need to reconfirm consent in the first message you send to that recipient.

• The consent applies only to you, and to the specific use or campaign that the recipient has consented to. You can’t treat it as blanket consent allowing you to send messages from other brands or companies you may have, or additional messages about other uses or campaigns. For SMS, consent is one-to-one between the Sender requesting consent and the individual who provides consent, and no cascading-use terms apply to this opt-in outside of the scope and purpose of that campaign. 

• Proof of opt-in consent should be retained as set forth by local regulation or best practices
• In the event the end user opts out of receiving messages, record of opt-out should be retained as set forth by local regulation or best practices.

Periodic Messages and Ongoing Consent

If you intend to send messages to a recipient on an ongoing basis, you should confirm the recipient’s consent by offering them a clear reminder of how to unsubscribe from those messages using standard opt-out language (defined below). You must also respect the message recipient’s preferences in terms of frequency of contact. You also need to proactively ask individuals to reconfirm their consent as set forth by local regulations and best practices.

Identifying Yourself as the Sender

Every message you send must clearly identify you (the party that obtained the opt-in from the recipient) as the sender, except in follow-up messages of an ongoing conversation.

Opt-out

The initial message that you send to an individual must include the following language: “Reply STOP to unsubscribe,” or the equivalent using another standard opt-out keyword, such as STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT. Individuals must have the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, you may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are NOT allowed. An individual must once again provide consent before you can send any additional messages.

Content We Do Not Allow

Untitled strictly prohibits customers from using data provided by the Untitled Platform to deliver content that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public, even if the content is permissible by law. Other prohibited uses include:

• Anything that is illegal in the jurisdiction where the message recipient lives. Examples include, but are NOT limited to:
  • Cannabis. Messages related to cannabis are not allowed in the United States as federal laws prohibit its sale, even though some states have legalized it. Similarly, messages related to CBD are not permissible in the United States, as certain states prohibit its sale. Untitled Firm defines a cannabis message as any message which relates to the marketing or sale of a cannabis product, regardless of whether or not those messages explicitly contain cannabis terms, images, or links to cannabis websites.
  • Prescription Medication. Offers for prescription medication that cannot legally be sold over-the-counter are prohibited in the United States.
• Hate speech, harassment, exploitative, abusive, or any communications that originate from a hate group.
• Fraudulent messages.
• Malicious content, such as malware or viruses.
• Any content that is designed to intentionally evade filters (see below).

Age and Geographic Gating

If you are sending messages in any way related to alcohol, firearms, gambling, tobacco, or other adult content, then more restrictions apply. In addition to obtaining consent from every message recipient, you must ensure that no message recipient is younger than the legal age of consent based on where the recipient is located. You also must ensure that the message content complies with all applicable laws of the jurisdiction in which the message recipient is located or applicable communications industry guidelines or standards. You need to be able to provide proof that you have in place measures to ensure compliance with these industry, age and geographic restrictions.

How We Handle Violations

When we identify a violation of these principles, where possible, we will work with customers in good faith to get them back into compliance with this policy. However, to protect the continued ability of all our customers to use our data for messaging purposes, we reserve the right to suspend or remove access to Untitled’s Platform for customers or customers’ end users’ that we determine are not complying with the Messaging Policy, or who are not following the law in any applicable area or applicable communications industry guidelines or standards, in some instances with limited notice in the case of serious violations of this policy.