The agreement governing your use of 312VOIP & Text — including 10DLC, TCPA, California, and EU compliance obligations.
Please read these Terms of Service carefully. By creating an account or using the Service, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree, do not use the Service.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and 312VOIP & Text ("Company," "we," "us," or "our") governing access to and use of the 312VOIP & Text platform, including the web portal at portal.312voip.com, mobile applications, and all related services (collectively, the "Service").
By registering for an account or using the Service you represent that:
312VOIP & Text provides a cloud-based SMS and MMS messaging platform enabling businesses to send and receive text messages from dedicated local phone numbers, manage contacts, run mass campaigns, and view delivery analytics. Underlying telecommunications services are provided by Telnyx LLC.
The Service is intended exclusively for legitimate business communications. Use for personal messaging unrelated to business purposes, or for any prohibited purpose listed in Section 6, is a material breach of these Terms.
To use the Service, you must create an account with accurate, current, and complete information. You are responsible for:
We reserve the right to suspend or terminate accounts that contain false or misleading information. You may not share your credentials with third parties or create accounts on behalf of others without authorization.
10DLC (10-Digit Long Code) is the U.S. carrier standard for business SMS. All major carriers — AT&T, T-Mobile, Verizon, and others — require businesses to register their brand and messaging campaigns with The Campaign Registry (TCR) before sending messages at scale. Failure to register results in message filtering, blocking, and carrier-level penalties.
By using the Service, you agree to:
We submit the following data to TCR on your behalf as part of the registration process:
TCR distributes this information to participating carriers for vetting. This submission is a condition of service and cannot be opted out of while using the platform for U.S. business messaging.
You agree to comply with the CTIA Messaging Principles and Best Practices, as updated from time to time. Key obligations include:
TCR and carriers may approve, reject, or suspend your campaign registration. We are not responsible for carrier or TCR decisions. If your campaign is suspended, your ability to send messages may be interrupted. Misrepresentation in 10DLC registration is a material breach of these Terms and will result in immediate account termination without refund.
TCR charges fees for brand registration and monthly campaign maintenance. These fees are passed through to you at cost. Current fees are disclosed during the sign-up process and are subject to change by TCR. We provide advance notice of fee changes where possible.
We maintain your 10DLC registration records for the duration of your registration plus three years thereafter, as required by carrier compliance programs.
Important Legal Notice: You are solely and exclusively responsible for ensuring all messaging activity through the platform complies with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, the CAN-SPAM Act, applicable FCC regulations, and all state laws. TCPA violations can result in statutory damages of $500–$1,500 per message and class action liability.
Before sending any commercial or marketing text message to a consumer, you must obtain:
Transactional messages (e.g., order confirmations, appointment reminders to existing customers) may require only prior express consent, but you remain responsible for confirming the applicable standard under your specific use case and jurisdiction.
Our platform automatically processes the following opt-out keywords and immediately ceases messaging to that number on that sender:
Opt-outs are permanent. Consumers may re-opt-in by texting START or UNSTOP. You may not import or re-add opted-out numbers to active campaigns. Circumventing opt-out functionality is prohibited and constitutes a material breach.
Your initial message to each new opt-in must include all of the following:
You may only send messages between 8:00 AM and 9:00 PM in the recipient's local time zone, consistent with TCPA requirements. Scheduling campaigns outside these hours is prohibited.
You may not import or use contact lists obtained from data brokers, scraped from websites, purchased from third parties, or otherwise compiled without individual express consent. All contacts must have affirmatively opted in to receive messages from your business.
You must maintain records of consent for each contact for a minimum of four years. In the event of a TCPA dispute or regulatory inquiry, you bear the burden of demonstrating valid consent. We retain delivery metadata for two years, but message content for only 90 days (see our Privacy Policy).
You agree not to use the Service to:
Carrier rules and federal law prohibit messages related to the following categories (SHAFT+ restrictions):
| Category | Details |
|---|---|
| Sex / Adult Content | Pornography, explicit sexual content, escort services |
| Hate Speech | Content demeaning any race, religion, gender, sexual orientation, national origin, disability |
| Alcohol | Messages promoting alcohol without age-gate verification |
| Firearms | Sale or promotion of firearms, ammunition, or illegal weapons modifications |
| Tobacco / Vaping | Messages promoting tobacco, vaping products, or e-cigarettes |
| Cannabis | All cannabis-related messaging regardless of state law; CBD that makes health claims |
| Gambling | Sweepstakes, lotteries, or gambling not fully licensed and compliant |
| Phishing / Fraud | Deceptive content, fake surveys, impersonation scams |
| Debt Collection | Third-party debt collection without FDCPA compliance |
| Get-Rich-Quick | Work-from-home scams, pyramid schemes, misleading investment opportunities |
| Prescription Drugs | Marketing of prescription pharmaceuticals directly to consumers |
Violation of prohibited content rules will result in immediate account suspension and reporting to carriers and TCR.
The Service is available on subscription plans (Trial, Basic, Pro) as described on our Pricing page. Fees are charged monthly in advance. Per-message charges apply beyond plan limits. All fees are in U.S. dollars.
You must provide a valid payment card for paid plans. Payment is processed by Stripe Inc. You authorize us to charge your payment method for all applicable fees. You agree to update your payment information when it changes.
If enabled, auto-recharge will automatically charge your card when your balance drops below your configured threshold. You may disable auto-recharge in Settings → Billing at any time. Disabling it does not cancel your subscription; it only stops automatic balance top-ups.
TCR brand registration and monthly campaign fees are passed through at cost. These are non-refundable even if your campaign is rejected by carriers, as the fee covers the registration attempt and vetting process.
Monthly subscription fees are non-refundable. Unused message credits within a billing period are forfeited and do not roll over. We may, at our sole discretion, issue service credits for verified platform outages exceeding our 99.9% uptime SLA.
If a payment fails, we will notify you by email. If not resolved within 7 days, your account may be suspended. Messaging services will be interrupted during suspension. We are not liable for any business loss resulting from a payment-related suspension.
You are responsible for all applicable taxes, telecommunications surcharges, and other governmental fees arising from your use of the Service. We will add taxes to your invoice where required by law.
We reserve the right to change subscription fees with at least 30 days' written notice. Continued use of the Service after the effective date of a price change constitutes acceptance.
The 312VOIP & Text platform — including software, design, trademarks, logos, and all content we create — is owned by us and protected by U.S. and international intellectual property laws. These Terms do not transfer any ownership rights to you.
You retain ownership of content you create and transmit through the Service (messages, contact lists, campaign content). By using the Service, you grant us a limited, non-exclusive license to store, process, and transmit your content solely to provide the Service.
You may not use our trademarks, logos, or branding without prior written consent.
Our collection and use of personal data is governed by our Privacy Policy, incorporated into these Terms by reference.
When you use the platform to send messages to your contacts:
You warrant that you have a lawful basis for processing your contacts' data and for sending them messages. You are responsible for providing required notices and obtaining required consents from your contacts.
Where required by GDPR or other applicable law, we will execute a Data Processing Agreement (DPA) with you. To request a DPA, email privacy@312voip.com.
We use sub-processors including Telnyx (message delivery), Stripe (payments), Microsoft Azure (hosting), and The Campaign Registry (10DLC). A current list of sub-processors is available on request.
If you are a California resident, additional rights and protections apply under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), effective January 1, 2023.
We do not sell your personal information as defined by the CCPA/CPRA (Cal. Civ. Code § 1798.100 et seq.). We do not share personal information with third parties for cross-context behavioral advertising. No opt-out under § 1798.120 is therefore required, but you may request confirmation of this practice at any time.
We collect your Employer Identification Number (EIN) as "sensitive personal information" under CPRA solely for the purpose of 10DLC brand registration as required to provide the Service. We do not use it for any other purpose, and we do not share it beyond what is necessary for that registration. Under CPRA § 1798.121, you have the right to request limitation of use to the necessary purpose — however, limiting use of this data would prevent us from completing 10DLC registration, which is required to send messages.
Email privacy@312voip.com with "California Privacy Request" in the subject line. We verify identity before processing and respond within 45 days (extendable by 45 days with notice). Requests may be submitted by an authorized agent with a valid power of attorney.
Notwithstanding the arbitration clause in Section 16, California residents retain the right to bring claims under the CCPA/CPRA in California courts and are not required to arbitrate those claims.
If you are located in the European Union or European Economic Area, the General Data Protection Regulation (EU) 2016/679 (GDPR) applies to our processing of your personal data. This section sets out your GDPR-specific rights and our obligations.
We process your personal data under the following legal bases:
As a U.S.-based platform, your personal data will be processed in the United States. We rely on Standard Contractual Clauses (SCCs) (Commission Implementing Decision 2021/914) for data transfers to the U.S. We execute SCCs with all sub-processors receiving EU personal data, including Telnyx, Stripe, and Microsoft Azure. Copies of applicable SCCs are available on request at privacy@312voip.com.
Regarding 10DLC data: submission to The Campaign Registry (TCR) in the United States is a mandatory legal/contractual obligation required to provide the Service to U.S. phone numbers. This transfer is necessary for the performance of the contract under Art. 49(1)(b) GDPR, supplemented by our contractual arrangements with TCR.
Where you use our platform to send messages to EU data subjects, you are acting as a Data Controller and we are your Data Processor. As required by Art. 28 GDPR, we will execute a Data Processing Agreement (DPA) with you upon request. Contact privacy@312voip.com.
Submit GDPR rights requests to privacy@312voip.com with "GDPR Rights Request" in the subject line. We respond within 30 days (extendable to 90 days for complex requests). You also have the right to lodge a complaint with your local EU supervisory authority (edpb.europa.eu).
For EU/EEA users, nothing in Section 16 (Governing Law) limits your ability to bring claims under GDPR in your EU member state's courts or before your supervisory authority. GDPR rights are non-waivable.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that:
Your use of the Service is entirely at your own risk. We are not responsible for message filtering, blocking, or carrier network failures.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 312VOIP & TEXT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOSS OF REVENUE, PROFITS, DATA, BUSINESS, OR GOODWILL — ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
TCPA liability exclusion: We are not liable for any TCPA claims, fines, or penalties arising from your messaging activity. You are solely responsible for TCPA compliance.
Some jurisdictions do not permit certain liability exclusions; in those cases, our liability is limited to the minimum extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless 312VOIP & Text and its affiliates, officers, directors, employees, agents, and carriers from any claim, liability, damage, loss, cost, or expense (including reasonable attorneys' fees) arising from or related to:
You may cancel your account at any time from Settings → Billing or by contacting us. Cancellation takes effect at the end of the current billing period. You remain responsible for all charges incurred prior to cancellation.
We may suspend or terminate your account immediately, without notice or refund, if:
Upon termination: (i) your access to the Service ceases immediately; (ii) any scheduled campaigns are cancelled; (iii) your data will be retained per our Privacy Policy retention schedule and then deleted. Sections 5, 7 (unpaid amounts), 8, 10, 11, 13, 14, and 16 survive termination.
These Terms are governed by the laws of the State of Illinois, United States, without regard to conflict of law principles.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA), conducted in Cook County, Illinois. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm while arbitration proceeds.
YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Claims must be brought on an individual basis only.
We may update these Terms at any time. For material changes:
For GDPR-regulated processing changes that require a new legal basis, we will obtain fresh consent where required. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and cancel your account before the effective date.
For questions about these Terms: