SMS Acceptable Use Policy

This SMS Acceptable Use Policy ("AUP") governs every business ("Tenant") that uses the Kontracks SaaS platform (operated by LWR Technologies, Inc., a Delaware C-Corporation) to send or receive SMS or MMS messages. Tenants enable SMS through the in-app wizard at /settings/sms, which provisions a dedicated phone number on the Kontracks-managed Telnyx account and registers a 10DLC brand + campaign (or toll-free verification) in the Tenant's own legal name with The Campaign Registry (TCR). Each Tenant is the registered sender of their messages; Kontracks operates the technical pipeline but does not appear as the brand on TCR.

You may only send SMS to recipients who have given prior express written consent as defined by the Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227). Consent must be:

• Specific to receiving SMS from your business (not a general "marketing communications" checkbox)
• Captured with a clear opt-in disclosure showing the full consent language with "Reply HELP for help, STOP to opt out" wording
• Affirmative — the checkbox must be unchecked by default, and ticking it must NOT be a precondition for any other action (form submission, proposal signing, etc.). Carriers prohibit "forced opt-in."
• Logged with a timestamp, source (web form, signed paper, e-signature, verbal-in-person), and exact wording of the consent text
• Producible on demand in the event of a carrier audit or consumer complaint

You may NOT purchase, scrape, rent, or upload contact lists that were not collected with the consent above. You may not send to numbers found in public directories, business cards, or via referral unless the recipient personally opted in to your SMS program.

The following content categories are prohibited under your registered 10DLC brand/campaign (or toll-free verification) and will result in immediate suspension of your Kontracks SMS access:

• Sexually explicit (S), Hate speech (H), Alcohol (A), Firearms (F), or Tobacco (T) content — collectively the "SHAFT" category
• Cannabis, CBD, kratom, or any controlled-substance content (federally restricted regardless of state legality)
• Gambling, sports betting, fantasy sports, or sweepstakes content
• Payday loans, debt consolidation, debt forgiveness, or high-risk financial services
• Cryptocurrency, NFT, or digital asset promotions
• Multi-level marketing, pyramid schemes, work-from-home scams
• Adult-entertainment services or escort services
• Phishing, fraud, deception, impersonation of another business, or any content intended to mislead the recipient
• URL shorteners (bit.ly, tinyurl, etc.) — carriers block these aggressively. Use full, brand-owned URLs only.

The Kontracks platform automatically honors STOP, UNSUBSCRIBE, CANCEL, END, and QUIT keywords sent to your number. When a recipient sends one of these, the platform:

• Flags the contact as opted out within seconds
• Sends a confirmation reply ("You're unsubscribed…")
• Refuses to deliver any further SMS to that number from your tenant

You may NOT bypass, manipulate, or attempt to override this opt-out behavior. You may NOT re-message an opted-out recipient through a different channel as a pretext to "re-engage" them on SMS.

Every SMS you send must:

• Identify your business by name in the message body (e.g. "HyTech Roofing:" prefix) — your business is the registered sender, not Kontracks
• Include "Reply STOP to opt out, HELP for help" (or equivalent) on the first message of every conversation; carriers strongly prefer this language on every message
• Identify the sender (the actual person at your business, when the message is from a specific rep)

You may not initiate outbound SMS to a recipient between 9:00 PM and 8:00 AM in the recipient's local time zone. This is stricter than the federal TCPA requirement (8 PM–8 AM) and matches the strictest state laws (Florida, Oklahoma). Replies to incoming customer messages during quiet hours are permitted.

The platform enforces per-tenant rate limits matched to your brand tier (Sole Proprietor 10DLC, Standard 10DLC vetting class A–F, or Toll-Free Verified). Limits are set by the wireless carriers and may change without notice. Attempts to circumvent rate limits (e.g. by spinning up multiple tenants for the same business) violate this AUP and result in suspension of every related tenant.

Carriers (T-Mobile, AT&T, Verizon) report consumer complaints to The Campaign Registry. TCR routes complaints attributable to your tenant's registered brand to Telnyx (the Campaign Service Provider that hosts your number), which forwards them to Kontracks as the platform aggregator. When a complaint or pattern of complaints is attributed to your tenant, LWR Technologies, Inc. reserves the right to:

• Immediately suspend your tenant's outbound SMS without prior notice
• Require you to provide consent records and message logs for the affected recipients within 5 business days
• Terminate your SMS access permanently in the event of repeated, willful, or egregious violations
• Recover from you, under the indemnification clause below, any TCPA / TCR / FCC fines, carrier penalties, attorney fees, or settlement costs attributable to your messaging

You agree to defend, indemnify, and hold harmless LWR Technologies, Inc., its officers, directors, employees, contractors, and the Kontracks platform from and against any claim, demand, lawsuit, regulatory action, fine, settlement, or expense (including reasonable attorneys' fees) arising from or related to (a) any SMS you cause to be sent through the platform, (b) your collection or use of recipient phone numbers, (c) your violation of this AUP, the TCPA, the CAN-SPAM Act, the FTC Telemarketing Sales Rule, or any state-level equivalent including the Florida Telephone Solicitation Act (FTSA), Washington Commercial Electronic Mail Act, or Oklahoma Telephone Solicitation Act, or (d) any consumer complaint that names your tenant.

You agree to produce, within 5 business days of LWR Technologies's request, written or electronic records of recipient consent, opt-out handling, and message content for any SMS conversation on your tenant. Failure to produce records is treated as a material breach of this AUP and grounds for immediate termination.

We may update this AUP at any time. Material changes will trigger a re-acceptance prompt the next time your tenant admin opens SMS settings. Continued use of SMS after the re-acceptance prompt constitutes acceptance of the new terms. Non-material clarifications take effect immediately upon posting.

Questions about this AUP: legal@kontracks.com. Carrier compliance audits or consumer complaints: legal@kontracks.com.