⚠️ Political messaging is subject to heightened federal and state compliance requirements. You must read and sign this agreement before creating any political campaigns.
CIDERSOFT POLITICAL SMS PLATFORM
Political Messaging Terms of Service & Compliance Agreement
Version 1.1 — Effective March 2026
This Political Messaging Terms of Service and Compliance Agreement ("Agreement") is entered into between Cidersoft, Inc., a California corporation ("Provider"), and the organization, campaign committee, political action committee, nonprofit advocacy organization, consulting firm, or other political entity accessing or using the Cidersoft Political Messaging Platform ("Client").
By accessing or using the Platform, Client represents and warrants that it is authorized to conduct political messaging activities and agrees to comply fully with all applicable federal, state, and local laws governing telecommunications, election activities, data privacy, and consumer protection. Client accepts full responsibility for ensuring that all messaging campaigns conducted through the Platform comply with the requirements set forth in this Agreement.
1. APPLICABLE FEDERAL TELECOMMUNICATIONS AND ELECTION LAWS
Political SMS messaging in the United States is regulated under multiple overlapping legal frameworks. Client acknowledges that all messaging activity conducted through the Platform must comply with applicable federal statutes and regulatory rules, including but not limited to:
- Telephone Consumer Protection Act
- Truth in Caller ID Act
- Federal Communications Commission regulations governing automated communications
- Federal Election Commission campaign disclaimer requirements
The TCPA imposes restrictions on automated dialing systems directed to mobile devices. Although certain forms of political communication may be treated differently under federal law, the regulatory interpretation continues to evolve. Client therefore agrees to apply the most conservative interpretation of applicable laws when conducting messaging campaigns.
Client acknowledges that violations of the TCPA may result in statutory damages of $500 per message, or up to $1,500 per message in the case of willful violations, and that class-action litigation has resulted in substantial financial liability for non-compliant organizations.
Provider operates solely as a technology platform facilitating the transmission of messages initiated by Client. Provider does not review, approve, or verify the legality of individual campaigns, and relies entirely on Client's representations that messaging activities comply with applicable law.
2. POLITICAL MESSAGE CONSENT AND SUBSCRIBER RELATIONSHIP
Client represents and warrants that all recipients included in any messaging campaign have voluntarily provided their contact information to Client through lawful means and that such individuals reasonably expect to receive communications from the Client organization.
Acceptable sources of contact information include:
- Campaign website sign-up forms
- Volunteer registrations
- Event registrations or petitions containing SMS disclosure language
- SMS keyword subscriptions initiated by the recipient
- Supporter outreach lists compiled directly by the Client organization
Client must maintain detailed records of how each phone number was collected, including the date and method of collection, the source of the data, and the language displayed to the individual at the time the information was provided. These records must be preserved for a minimum of five (5) years and made available to Provider upon request.
Provider does not independently verify the validity of recipient consent. Any disputes or legal claims relating to recipient consent remain solely the responsibility of Client.
3. REQUIRED IDENTIFICATION AND POLITICAL DISCLAIMERS
All messages transmitted through the Platform will clearly identify the political organization responsible for the communication. Political SMS messages must include a disclaimer consistent with applicable election law requirements. In many cases this includes language such as:
"Paid for by [Committee Name]"
Client is solely responsible for ensuring that all disclaimers meet the requirements imposed by federal or state election laws. Provider assumes no responsibility for verifying the legal sufficiency of disclaimers.
4. PROHIBITED POLITICAL MESSAGING PRACTICES
Client agrees that it will not use the Platform to send communications that:
- Intentionally misrepresent voting dates, times, or locations
- Provide false information about voter eligibility requirements
- Impersonate election officials, government agencies, or other organizations
- Threaten, intimidate, or harass voters
- Promote violence or unlawful conduct
- Intentionally attempt to suppress or discourage lawful voter participation
Such activities may violate federal civil rights laws, election integrity statutes, and telecommunications regulations. Provider reserves the right to immediately suspend or terminate Client access upon becoming aware of any such practices.
5. POLITICAL DATA AND VOTER INFORMATION
Client represents that all voter or supporter data uploaded to the Platform has been obtained lawfully and that Client possesses the legal right to use such data for political communications. Client further agrees to limit access to authorized personnel and implement reasonable safeguards to prevent unauthorized access, disclosure, or misuse.
Provider acts solely as a technology service provider and does not control or monitor the origin of Client data. Provider bears no responsibility for verifying whether Client data sources comply with applicable privacy laws or election regulations.
6. WIRELESS CARRIER POLICIES AND A2P REGISTRATION
Client acknowledges that all political messaging campaigns must comply with policies established by:
- CTIA
- The Campaign Registry
These policies may require registration of the sending brand, the messaging campaign, and the intended use case. Client agrees to cooperate with any registration or compliance procedures required by wireless carriers or messaging infrastructure providers. Wireless carriers maintain the authority to block, filter, throttle, or suspend messaging traffic that violates their policies. Provider cannot guarantee delivery of any message.
7. MESSAGE DELIVERY WINDOWS
Client agrees that political SMS messages will only be transmitted during reasonable hours in the recipient's local time zone. Unless otherwise permitted by applicable law, messages must not be sent before 8:00 AM or after 9:00 PM local time. Provider may implement automated safeguards to prevent messages from being sent outside permitted hours.
8. RECIPIENT OPT-OUT RIGHTS
The Platform automatically processes standard opt-out commands including: STOP, QUIT, END, CANCEL, UNSUBSCRIBE.
Client agrees to honor all opt-out requests immediately and to ensure that any number that has opted out is permanently removed from future campaigns unless the recipient provides new consent. Client must maintain internal suppression lists applied to all campaigns.
9. MESSAGE VOLUME AND THROTTLING
Provider may implement campaign-level controls including: rate limiting; campaign ramp schedules; number rotation strategies; throughput throttling. These safeguards are designed to maintain deliverability and protect the integrity of the messaging ecosystem. Client agrees to comply with any such operational restrictions implemented by Provider.
10. DATA SECURITY
Client agrees to implement reasonable technical and organizational safeguards to protect political supporter and voter data from unauthorized access or disclosure. Sensitive personal data including Social Security numbers, financial account information, or medical records may not be uploaded to the Platform under any circumstances.
If Client becomes aware of any security incident involving Platform data, Client must notify Provider within seventy-two (72) hours of discovery.
11. COMPLIANCE MONITORING
Provider reserves the right to monitor messaging activity conducted through the Platform. Provider may request copies of message templates, consent records, or other documentation necessary to verify compliance with this Agreement. If Client fails to provide such documentation upon request, Provider may suspend messaging activity pending further review.
12. INDEMNIFICATION
Client agrees to indemnify, defend, and hold harmless Provider and its officers, employees, contractors, and affiliates from and against any claims, damages, penalties, liabilities, or expenses arising from or related to Client's political messaging activities. This includes claims arising from alleged violations of telecommunications laws, election regulations, privacy statutes, or consumer protection laws.
13. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Provider's total liability arising out of or relating to this Agreement shall not exceed the total amount of fees paid by Client to Provider during the three (3) months preceding the claim. Provider shall not be liable for indirect, consequential, incidental, or punitive damages, including but not limited to lost campaign opportunities, reduced message deliverability, or regulatory penalties incurred by Client.
14. TERMINATION
Provider reserves the right to immediately suspend or terminate Client's access if Provider determines that Client has violated any provision of this Agreement or has engaged in messaging practices that may expose Provider or its telecommunications partners to regulatory or legal risk.
15. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California, without regard to conflict-of-law principles. Any disputes arising from this Agreement shall be resolved through binding arbitration conducted in California under the rules of the American Arbitration Association.
CLIENT ACCEPTANCE
By signing below, Client confirms that it is authorized to conduct political messaging activities, understands the legal requirements governing political SMS communications, possesses lawful consent for all recipients, and accepts full responsibility for compliance with all applicable laws.
Questions about this Agreement? Contact Cidersoft at legal@cidersoft.com before signing. This document is not a substitute for legal advice. Consult qualified legal counsel regarding your specific political messaging program.