SMS MESSAGING COMPLIANCE AGREEMENT & ATTESTATION

1. Customer Responsibility

You acknowledge and agree that you control and are responsible for your use of the Messaging Services.

Without limiting your other obligations, you are responsible for determining:

• which recipients will be contacted;
• the purpose of each campaign;
• whether a recipient may lawfully be contacted;
• the content of communications;
• the timing and frequency of communications;
• whether a communication is marketing, telemarketing, informational, transactional, or otherwise regulated;
• the appropriate consent standard;
• the configuration of automated workflows;
• the use of AI-generated or AI-assisted communications; and
• compliance with applicable law.

GoFunnel provides technology used to facilitate communications.

Availability of the Messaging Services does not constitute a representation or warranty that a particular message, campaign, recipient list, workflow, or use case is lawful.

2. Compliance With Messaging and Telemarketing Requirements

You will use the Messaging Services in compliance with all applicable:

• federal laws;
• state laws;
• local laws;
• regulations;
• regulatory orders;
• carrier requirements;
• messaging-provider requirements;
• campaign-registration requirements; and
• industry standards.

These requirements may include, where applicable:

• the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227;
• rules and orders of the Federal Communications Commission ("FCC");
• the Telemarketing Sales Rule;
• National Do Not Call requirements;
• applicable state do-not-call requirements;
• applicable state automated-calling, automated-messaging, telemarketing, and "mini-TCPA" laws;
• applicable privacy and consumer-protection laws;
• CTIA Messaging Principles and Best Practices;
• wireless-carrier requirements;
• 10DLC requirements;
• The Campaign Registry requirements;
• toll-free messaging requirements;
• short-code requirements; and
• other messaging-provider policies.

You acknowledge that these requirements may change over time.

You are responsible for determining which requirements apply to your particular messaging activity.

3. Consent Attestation

For every recipient you contact through the Messaging Services, you represent, warrant, and covenant that before sending the applicable message you have obtained and will maintain the level and type of consent legally required for that communication.

Where prior express written consent is required, you represent and warrant that valid prior express written consent was obtained before sending the applicable communication.

For imported contacts intended to receive promotional or marketing messages, you further represent and warrant that you have affirmative evidence supporting the Sending Brand's authority to send those messages.

Consent must apply to the Sending Brand and the type of communication being sent.

You may not rely on consent granted solely to an unrelated third party as authorization for the Sending Brand unless applicable law expressly permits that use and all applicable requirements have been satisfied.

4. Consent Records

You will maintain records sufficient to prove legally required consent.

Depending on the method through which consent was obtained, records should include information such as:

• recipient telephone number;
• date of consent;
• time of consent;
• method of consent;
• source of consent;
• identity of the Sending Brand;
• consent language presented;
• applicable webpage or form;
• IP address where available;
• form-submission record;
• keyword or messaging interaction;
• campaign or purpose for which consent was obtained; and
• evidence of subsequent opt-outs or revocations.

You will retain consent records for at least the period required by applicable law.

Upon request from GoFunnel, you will promptly provide sufficient evidence of consent for selected recipients.

Failure to provide adequate evidence may result in suspension or termination.

5. Imported Contacts

By importing, uploading, synchronizing, or otherwise making contacts available for messaging, you represent and warrant that:

• the information was obtained lawfully;
• you have lawful authority to use it for the intended messaging activity;
• all legally required consent has been obtained;
• applicable disclosures were provided;
• the contact information is reasonably accurate to your knowledge; and
• use of the list will comply with applicable law and messaging-provider requirements.

You may not use GoFunnel to message lists that were unlawfully:

• scraped;
• harvested;
• purchased;
• rented;
• traded;
• brokered; or
• obtained from an unauthorized source.

The fact that a telephone number appears in a CRM, spreadsheet, database, lead list, customer file, or third-party integration does not itself establish consent.

6. Consent Disclosures

Where required by applicable law or carrier requirements, consent mechanisms must clearly disclose applicable information, which may include:

• the identity of the Sending Brand;
• that the person is agreeing to receive text messages;
• whether messages may be automated;
• whether messages include marketing or promotional content;
• expected messaging frequency or frequency disclosures;
• that message and data rates may apply;
• opt-out instructions;
• HELP instructions;
• links to applicable terms;
• a privacy-policy link; and
• that consent is not a condition of purchase where such disclosure is required.

You are responsible for ensuring the actual language presented to recipients satisfies the requirements applicable to your use case.

7. Opt-Outs and Revocation of Consent

You must honor valid requests to stop communications.

You agree to treat standard opt-out terms such as:

• STOP;
• QUIT;
• END;
• REVOKE;
• OPT OUT;
• CANCEL;
• UNSUBSCRIBE;

and other language that reasonably communicates a request to stop applicable text messages in accordance with applicable law.

You acknowledge that an individual may, where applicable law permits, revoke consent through reasonable methods other than the exact keywords listed above.

You are responsible for processing revocation requests received outside GoFunnel where applicable, including requests communicated directly to your business.

You may not intentionally circumvent, override, disable, or interfere with GoFunnel opt-out or suppression functionality.

Once a recipient has validly opted out of applicable communications, you may not resume those communications unless and until you have a lawful basis to do so, including fresh consent where required.

8. HELP and Sender Identification

You will maintain messaging practices that permit recipients to obtain appropriate assistance information where required.

Messages must accurately identify or make reasonably clear the applicable Sending Brand where required by law or carrier policy.

You may not intentionally conceal or misrepresent the identity of the party responsible for the communication.

9. Do-Not-Call Requirements

You are solely responsible for determining whether the National Do Not Call Registry, a state do-not-call registry, an internal suppression list, or another do-not-contact requirement applies to a communication.

Where screening is required, you will perform the required screening before sending.

You will maintain any legally required internal do-not-contact list.

You may not use GoFunnel to intentionally contact recipients whom you are legally prohibited from contacting.

10. Messaging Hours and Frequency

You are responsible for determining the lawful hours during which each recipient may be contacted based on:

• the recipient's location;
• the recipient's local time;
• the nature of the message;
• applicable federal law;
• applicable state law; and
• any other applicable restrictions.

You may not rely solely on a default sending window provided by GoFunnel as a determination of legal compliance.

You are also responsible for complying with applicable message-frequency disclosures and restrictions.

11. Reassigned, Invalid, or Incorrect Numbers

You are responsible for maintaining reasonably accurate contact information.

You must stop messaging a number when you know or reasonably should know that:

• the number has been reassigned;
• the intended recipient no longer uses the number;
• consent no longer applies;
• the number is invalid; or
• messaging the number would violate applicable law.

GoFunnel may suppress or block numbers when GoFunnel or its providers receive information suggesting the number should no longer receive messages.

12. Prohibited and Restricted Content

You may not use the Messaging Services for content prohibited by applicable law, carriers, messaging providers, or GoFunnel policy.

Restricted or prohibited categories may include, depending on carrier and provider requirements:

• unlawful sexual content;
• hate-based content;
• illegal weapons activity;
• unlawful tobacco activity;
• unlawful alcohol promotion;
• cannabis or controlled substances;
• illegal drugs;
• phishing;
• smishing;
• fraud;
• deceptive financial services;
• unlawful lending;
• illegal gambling;
• unlawful debt activity;
• malware;
• impersonation;
• scams;
• high-risk financial promotions; and
• other categories restricted by carriers or messaging providers.

Certain lawful regulated industries may require:

• additional carrier approval;
• age gating;
• heightened consent;
• specialized registration;
• additional disclosures; or
• written authorization from GoFunnel.

GoFunnel may prohibit or restrict a category even where the underlying product or service is lawful.

13. Prohibited Messaging Practices

You may not:

• send unlawful unsolicited messages;
• send spam;
• send deceptive messages;
• engage in phishing or smishing;
• impersonate another sender;
• spoof sender identity;
• evade carrier filtering;
• engage in snowshoeing;
• rotate numbers to avoid enforcement;
• distribute traffic across numbers for the purpose of evading compliance controls;
• falsify registration information;
• use a campaign for a materially different use case from the use case registered;
• use one brand's registration for another brand without authorization;
• conceal the true sender;
• disable opt-out functionality;
• circumvent rate limits;
• artificially inflate messaging traffic;
• send messages designed to generate fraudulent traffic or revenue; or
• otherwise manipulate telecommunications systems or compliance controls.

14. 10DLC, Brand, and Campaign Registration

Messaging activity may require registration of the Sending Brand, campaign, use case, telephone number, or other information.

You authorize GoFunnel to submit information you provide to telecommunications providers, campaign registrars, carriers, aggregators, and related third parties where necessary to provide the Messaging Services.

You represent and warrant that all information you provide for registration is:

• accurate;
• complete;
• current;
• not misleading; and
• associated with the actual Sending Brand and actual messaging use case.

You are responsible for notifying GoFunnel of changes requiring registration updates.

Registration or approval of a Brand, Campaign, telephone number, or use case does not constitute a determination by GoFunnel that your messaging complies with law.

GoFunnel does not guarantee:

• registration;
• approval;
• campaign acceptance;
• throughput;
• deliverability;
• carrier acceptance; or
• continued campaign eligibility.

15. Artificial Intelligence and Automated Messaging

GoFunnel may permit you to use artificial intelligence, agents, sequences, workflows, triggers, or other automated functionality to create or transmit messages.

You acknowledge that AI-generated content may be:

• inaccurate;
• inappropriate;
• misleading;
• incomplete;
• duplicative;
• offensive;
• outdated; or
• non-compliant.

You are responsible for determining whether AI-generated or automated messages are appropriate and lawful for the intended recipient and use case.

If you configure GoFunnel to transmit messages automatically without contemporaneous human approval, you expressly authorize messages transmitted pursuant to that configuration.

You remain responsible for:

• the audience;
• triggering conditions;
• campaign purpose;
• instructions;
• AI configuration;
• sending schedule;
• message frequency;
• suppression settings;
• consent basis; and
• resulting communications.

GoFunnel's AI Features are not a substitute for legal or compliance review.

16. Customer Responsibility for Campaign Instructions

As between you and GoFunnel, you are responsible for the business purpose, audience, authorization, campaign configuration, and instructions governing messages transmitted through your account.

GoFunnel provides the technical tools through which your authorized users configure and execute messaging activity.

Nothing in this Section is intended to determine the legal status of any party where applicable law makes such status non-waivable or determines it based on the underlying facts.

17. Message Delivery and Carrier Control

You acknowledge that GoFunnel does not control wireless carriers or all parties involved in message transmission.

Carriers, aggregators, messaging providers, registrars, regulators, and other third parties may:

• filter messages;
• block messages;
• delay messages;
• throttle traffic;
• reject messages;
• suspend numbers;
• revoke registrations;
• modify throughput;
• restrict content;
• impose fees;
• impose penalties; or
• discontinue service.

GoFunnel does not guarantee successful message delivery.

GoFunnel is not liable for carrier or third-party filtering, blocking, delay, throttling, suspension, rejection, or non-delivery except where liability cannot lawfully be excluded.

18. Compliance Monitoring

GoFunnel may monitor, analyze, review, retain, screen, or process messaging activity to the extent reasonably necessary to:

• operate the Messaging Services;
• detect spam;
• prevent fraud;
• prevent abuse;
• maintain deliverability;
• investigate complaints;
• enforce this Messaging Agreement;
• comply with law;
• comply with carrier requirements; or
• protect GoFunnel and third parties.

This may include analysis of:

• message content;
• metadata;
• complaint rates;
• delivery events;
• opt-outs;
• campaign information;
• sending patterns;
• imported contacts; and
• account activity.

GoFunnel is not obligated to proactively determine whether every message you send complies with law.

19. Compliance Audits and Cooperation

GoFunnel may request evidence relating to your compliance at any time.

You agree to provide requested information promptly, including where applicable:

• consent records;
• opt-in screenshots;
• webpages;
• forms;
• source information;
• contact lists;
• message samples;
• campaign registrations;
• privacy policies;
• messaging terms;
• opt-out records;
• do-not-call procedures; and
• other reasonably relevant information.

GoFunnel may suspend messaging while reviewing compliance.

Failure to provide requested documentation constitutes grounds for suspension or termination.

20. Complaints and Regulatory Inquiries

You must promptly notify GoFunnel if you become aware of a material complaint, regulator inquiry, carrier inquiry, lawsuit, demand, or investigation relating to messages sent through the Messaging Services where the matter may reasonably involve GoFunnel.

You will reasonably cooperate with GoFunnel regarding such matters.

21. Suspension and Termination

GoFunnel may immediately:

• block messages;
• suppress recipients;
• throttle traffic;
• quarantine contacts;
• disable imports;
• suspend campaigns;
• suspend numbers;
• suspend AI automation;
• suspend the Messaging Services; or
• terminate access

if GoFunnel reasonably believes:

• this Messaging Agreement has been violated;
• applicable law may have been violated;
• consent cannot be substantiated;
• activity generates excessive complaints;
• activity creates carrier risk;
• activity creates regulatory risk;
• activity creates reputational risk;
• activity threatens platform integrity;
• a provider requests action; or
• continued transmission could expose GoFunnel or another party to liability.

GoFunnel may take such action without prior notice where reasonably necessary.

GoFunnel is not liable for good-faith action taken under this Section.

22. Carrier and Regulatory Charges

You are responsible for all charges, fees, penalties, fines, assessments, investigation costs, remediation costs, and other amounts imposed on GoFunnel or its providers arising out of or relating to your messaging activity.

This includes amounts arising from:

• prohibited traffic;
• spam;
• consumer complaints;
• registration violations;
• inaccurate campaign information;
• unauthorized messaging;
• unlawful messaging;
• carrier violations;
• regulatory violations;
• messaging-provider violations; or
• breach of this Messaging Agreement.

GoFunnel may charge these amounts to your account or payment method or invoice you.

These obligations are not subject to the limitation of liability applicable to GoFunnel.

23. Data Accuracy

You are responsible for the accuracy, completeness, authorization, and lawfulness of contact information used with the Messaging Services.

You must promptly remove or correct information you know to be:

• inaccurate;
• unauthorized;
• reassigned;
• invalid; or
• associated with withdrawn consent.

24. Indemnification

You agree to defend, indemnify, and hold harmless GoFunnel and its affiliates, owners, officers, directors, employees, agents, contractors, licensors, telecommunications providers, carriers, aggregators, messaging providers, campaign registrars, AI providers, and service providers (collectively, the "GoFunnel Parties") from and against any and all third-party:

• claims;
• demands;
• complaints;
• actions;
• investigations;
• regulatory inquiries;
• liabilities;
• damages;
• statutory damages;
• penalties;
• fines;
• settlements;
• judgments;
• assessments;
• losses;
• costs;
• expenses;
• attorneys' fees; and
• defense costs

arising out of or relating to:

1. your messaging activity;
2. messages transmitted through your account;
3. a recipient list used by you;
4. a contact you import or synchronize;
5. actual or alleged lack of valid consent;
6. failure to maintain consent evidence;
7. failure to honor an opt-out;
8. failure to honor revocation of consent;
9. do-not-call violations;
10. your message content;
11. your campaign, offer, product, or service;
12. your registration information;
13. your use of AI-generated messages;
14. your automated messaging workflows;
15. your breach of this Messaging Agreement;
16. your actual or alleged violation of the TCPA;
17. your actual or alleged violation of the Telemarketing Sales Rule;
18. your actual or alleged violation of an FCC rule or order;
19. your actual or alleged violation of a state telemarketing or automated-messaging law;
20. your actual or alleged violation of privacy or consumer-protection law;
21. violation of carrier, CTIA, campaign-registration, or messaging-provider requirements; or
22. a claim brought by a recipient of a message transmitted through your account.

Your indemnification obligations are not subject to the limitation of liability applicable to GoFunnel.

GoFunnel may assume exclusive control of the defense of an indemnified matter at your expense.

You will reasonably cooperate with that defense.

You may not settle an indemnified matter in a way that admits wrongdoing by, imposes liability upon, or requires action from a GoFunnel Party without GoFunnel's prior written consent.

This Section survives termination.

25. No Responsibility for Customer Compliance

You acknowledge that GoFunnel does not control all facts relevant to your compliance, including:

• how you obtained a telephone number;
• what disclosures a recipient saw;
• whether consent was valid;
• whether consent remains valid;
• whether a number was reassigned;
• communications you send outside GoFunnel;
• opt-out requests you receive outside GoFunnel;
• your relationship with a recipient;
• whether a communication constitutes telemarketing; or
• laws specific to your jurisdiction, industry, recipient, or use case.

Accordingly, GoFunnel does not warrant that use of the Messaging Services will make your messaging legally compliant.

Compliance remains your responsibility.

26. Disclaimer of Warranties

THE MESSAGING SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOFUNNEL DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY.

GOFUNNEL DOES NOT WARRANT THAT:

• A MESSAGE WILL BE DELIVERED;
• A MESSAGE WILL NOT BE FILTERED;
• A CAMPAIGN WILL BE APPROVED;
• A NUMBER WILL REMAIN AVAILABLE;
• A CARRIER WILL ACCEPT YOUR TRAFFIC;
• AI-GENERATED CONTENT WILL BE COMPLIANT;
• CONSENT PROVIDED BY YOU IS VALID; OR
• YOUR USE OF THE MESSAGING SERVICES WILL COMPLY WITH LAW.

27. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GOFUNNEL PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES OR FOR LOSS OF:

• PROFITS;
• REVENUE;
• BUSINESS;
• SALES;
• GOODWILL;
• DATA; OR
• BUSINESS OPPORTUNITIES

ARISING OUT OF OR RELATING TO THE MESSAGING SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GOFUNNEL PARTIES WILL HAVE NO LIABILITY FOR CLAIMS, FINES, PENALTIES, DAMAGES, OR LOSSES ARISING OUT OF OR RELATING TO:

• YOUR MESSAGING CONTENT;
• YOUR RECIPIENTS;
• YOUR RECIPIENT LISTS;
• CONSENT;
• OPT-OUT HANDLING;
• DO-NOT-CALL COMPLIANCE;
• YOUR CAMPAIGN REGISTRATION;
• YOUR TELEMARKETING ACTIVITY;
• YOUR AI CONFIGURATION;
• YOUR AUTOMATED WORKFLOWS;
• CARRIER ACTIONS;
• FILTERING;
• MESSAGE DELIVERY;
• YOUR ACTUAL OR ALLEGED TCPA VIOLATION;
• YOUR ACTUAL OR ALLEGED STATE TELEMARKETING VIOLATION;
• YOUR ACTUAL OR ALLEGED PRIVACY VIOLATION; OR
• YOUR ACTUAL OR ALLEGED VIOLATION OF CARRIER OR INDUSTRY REQUIREMENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GOFUNNEL PARTIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE MESSAGING SERVICES OR THIS MESSAGING AGREEMENT WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO GOFUNNEL FOR THE MESSAGING SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM.

NOTHING IN THIS SECTION EXCLUDES LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED.

28. No Legal Advice

GoFunnel may provide:

• consent templates;
• sample disclosures;
• compliance warnings;
• suggested language;
• opt-out functionality;
• sending-hour controls;
• registration assistance;
• campaign guidance;
• automated suppression;
• educational content; or
• other compliance-related functionality.

These tools are provided for convenience.

They are not legal advice and do not create an attorney-client or compliance-advisor relationship.

You remain responsible for obtaining independent legal advice appropriate for your messaging program.

29. Electronic Acceptance

By checking the acceptance box presented by GoFunnel, you:

1. acknowledge that you have read this Messaging Agreement;
2. agree to be legally bound by it;
3. make the representations and warranties contained in it;
4. confirm that you have authority to bind the applicable Sending Brand; and
5. agree that electronic acceptance has the same effect as a handwritten signature.

GoFunnel may maintain electronic evidence of acceptance consistent with its existing systems and processes.

30. Relationship to GoFunnel Terms of Service

This Messaging Agreement supplements and forms part of the GoFunnel Terms of Service.

If a provision of this Messaging Agreement specifically governing messaging conflicts with a general provision of the Terms of Service, this Messaging Agreement controls solely with respect to the Messaging Services.

All other provisions of the Terms of Service remain effective.

31. Governing Law and Dispute Resolution

This Messaging Agreement is governed by the same governing-law, arbitration, dispute-resolution, class-action-waiver, jury-waiver, and claim-limitation provisions contained in the GoFunnel Terms of Service.

Nothing in this Messaging Agreement eliminates the applicability of a law that cannot legally be waived.

32. Changes to This Messaging Agreement

GoFunnel may update this Messaging Agreement from time to time.

Changes may be communicated through the existing product and legal-notice mechanisms used by GoFunnel.

33. Survival

Provisions regarding:

• payment;
• pass-through charges;
• warranties;
• limitations of liability;
• indemnification;
• disputes;
• compliance records; and
• obligations accrued before termination

survive termination.

34. Contact

Questions concerning the Messaging Services or this Messaging Agreement may be sent to:

support@gofunnel.ai

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