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Transactional Messaging Terms

Effective Date: June 12, 2026
Last Updated: June 12, 2026

These Transactional Messaging Terms (“Messaging Terms”) govern your use of the SMS, MMS, and similar messaging features within the Noviqo Services. These Messaging Terms are incorporated into and subject to our Terms of Service. Capitalized terms not defined here have the meanings given in the Terms of Service.

1. Permitted Use — Transactional Messages Only

Noviqo's messaging features are designed and permitted solely for transactional communications. Transactional messages are messages that are sent in direct response to a user action or a business event in an existing service relationship and that a reasonable recipient would expect to receive based on their interaction with your business.

Permitted transactional messages include:

  • Appointment confirmations and reminders sent to individuals who have requested or booked a service.
  • Scheduling updates, reschedule notifications, and cancellation confirmations.
  • Missed-call follow-ups sent to individuals who called your business and did not reach a person or left a voicemail.
  • Responses to inquiries initiated by the recipient (such as “text us for more info” or follow-ups to web chat conversations).
  • Service-related information requested by the recipient (hours, directions, pricing, availability).
  • Support responses directly related to a recipient's inquiry or issue.
  • Operational notifications directly related to an active service or appointment (e.g., technician en route, appointment check-in instructions).

2. Prohibited Uses

The following uses of Noviqo messaging features are strictly prohibited:

  • Marketing, advertising, promotional, or sales messages of any kind.
  • Cold outreach to individuals who have not initiated an interaction with your business or requested to be contacted.
  • Mass or bulk messaging campaigns, regardless of content.
  • Telemarketing or solicitation as defined under applicable law (including the TCPA and similar regulations).
  • Lead-generation texting to purchased, rented, or third-party contact lists.
  • Sweepstakes, contests, or promotional giveaway notifications.
  • Messages that have not been triggered by a specific user action or existing service relationship.
  • Messages to recipients who have opted out or requested not to receive messages.
  • Spam or any message that violates the Cellular Telecommunications Industry Association (CTIA) guidelines, the Mobile Marketing Association (MMA) Code of Conduct, carrier guidelines, or applicable law.

3. Your Consent Obligations

You are solely responsible for ensuring that every message sent through the Services has the legal basis required under applicable law. In the United States, this includes compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act where applicable, and relevant Federal Communications Commission (FCC) and Federal Trade Commission (FTC) regulations.

Before sending any SMS or MMS message through the Services, you must ensure that the recipient has provided appropriate consent for the specific type of message you are sending. For transactional messages, prior express consent is typically required at minimum. You are responsible for determining the appropriate consent standard under applicable law for your specific message type and recipient relationship.

You must maintain records of how, when, and where consent was obtained for messages sent through the Services. Noviqo may request evidence of consent in connection with compliance reviews, carrier audits, or regulatory inquiries.

4. Opt-Out and Revocation

You must honor all opt-out and revocation requests immediately and without condition.

If a recipient responds with “STOP,” “CANCEL,” “UNSUBSCRIBE,” “END,” “QUIT,” “REMOVE,” or any reasonably similar request to stop receiving messages, you must cease sending messages to that recipient through the Services.

Standard industry opt-out keywords are processed automatically where technically supported. You may not send any further messages to a recipient who has opted out, except as expressly permitted by applicable law (such as a single confirmation of the opt-out itself).

You are responsible for maintaining your own suppression list and ensuring that opt-outs received through any channel are reflected in your messaging practices across all channels.

5. Message Content Requirements

All messages sent through the Services must:

  • Clearly identify your business as the sender.
  • Be accurate, truthful, and not misleading.
  • Be relevant to the specific recipient's interaction with your business.
  • Include opt-out instructions where required by applicable law or carrier guidelines (e.g., “Reply STOP to stop”).
  • Comply with all applicable laws and carrier content policies.

Messages must not contain:

  • Deceptive, false, or misleading content.
  • Harassment, threats, or abusive language.
  • Content that violates any applicable law or third-party right.
  • Malware, phishing links, or deceptive URLs.
  • SHAFT content (Sex, Hate, Alcohol, Firearms, Tobacco) where prohibited by carriers or applicable law.
  • Content prohibited by our Terms of Service Acceptable Use policy.

6. Carrier and Regulatory Compliance

Messages sent through the Services are delivered via telecommunications carriers and messaging aggregators. Carrier guidelines, acceptable use policies, and filtering systems may affect message deliverability. Noviqo does not guarantee delivery of any specific message.

You must comply with all applicable carrier guidelines, CTIA guidelines, TCPA requirements, FCC regulations, and any other applicable telecommunications or consumer protection laws.

Phone numbers used for messaging must be properly registered and compliant with applicable regulations, including 10DLC (10-digit long code) registration requirements in the United States for application-to-person (A2P) messaging. Compliance with 10DLC registration and campaign registration requirements is your responsibility.

7. Message and Data Rates

Standard message and data rates may apply to recipients based on their mobile carrier and plan. You must include appropriate notice of potential message and data rates in your customer-facing communications where required by applicable law or carrier guidelines.

8. Message Frequency

Message frequency will vary based on a recipient's service interactions with your business. You must not use the Services to send messages at a frequency that is excessive, unsolicited, or inconsistent with the reasonable expectations of recipients based on their interaction with your business.

9. Monitoring and Enforcement

Noviqo reserves the right to monitor messaging activity for compliance with these Messaging Terms, our Terms of Service, carrier guidelines, and applicable law.

We may suspend or terminate your access to messaging features, without notice or liability to you, if we determine or reasonably suspect that:

  • You are using messaging features for prohibited purposes.
  • Your messaging activity is generating excessive opt-outs, complaints, or carrier flags.
  • Your use violates applicable law or carrier requirements.
  • Continued messaging creates legal or compliance risk for Noviqo or its carrier partners.

10. Your Liability

You are solely responsible for the content, timing, targeting, and legal compliance of all messages sent through the Services. You agree to indemnify and hold harmless Noviqo from any claims, damages, fines, penalties, losses, or costs (including attorneys' fees) arising from your messaging activity, including any violation of the TCPA, FCC regulations, carrier guidelines, or other applicable law.

TCPA violations can result in statutory damages of $500 to $1,500 per message. You are solely responsible for ensuring your messaging is lawful.

11. Updates to These Terms

We may update these Messaging Terms from time to time to reflect changes in applicable law, carrier requirements, or our Services. Updates are effective as of the date posted. Your continued use of messaging features after an update takes effect means you accept the updated terms.

12. Contact

For questions about these Messaging Terms:

Noviqo LLC
California, United States
Email: support@noviqoai.com