Auric

SMS Terms

Effective Date: April 24, 2026 · Last Updated: April 24, 2026

These SMS Terms ("SMS Terms") supplement the Auric Terms of Service and apply to any use of Auric's SMS and MMS capabilities (the "SMS Services"). By sending messages through Auric, you agree to these SMS Terms in addition to the Terms of Service, the Privacy Policy, and the Acceptable Use Policy.

Part A — For Consumers Receiving Messages Sent Through Auric

If you are a Consumer receiving SMS messages from a Merchant using Auric, this Part A is what applies to you.

A.1 Who Is Sending You Messages

SMS messages delivered through the Auric platform are sent on behalf of the Merchant who operates the program — not by Alive Labs. Alive Labs provides the platform; the Merchant sets the program, the offers, and the message content, and is responsible for complying with the law.

A.2 Consent, Frequency, and Fees

By opting in to a Merchant's SMS program, you consented to receive automated promotional, transactional, or informational messages from the Merchant at the mobile number you provided. Consent is not a condition of any purchase. Message frequency varies by program. Message and data rates may apply per your mobile carrier plan.

A.3 How to Opt Out (STOP)

Reply STOP, UNSUBSCRIBE, CANCEL, END, or QUIT to any message from a Merchant to stop receiving messages from that program. You will receive a confirmation message, then no further marketing SMS from that specific program. To opt out of a different Merchant program, reply STOP to a message from that program.

A.4 How to Get Help (HELP)

Reply HELP or INFO to any message for support. You will receive a reply with the sender's contact information and, where applicable, a link to our Privacy Policy.

A.5 Carrier Disclaimer

Carriers (including AT&T, T-Mobile, Verizon, and others) are not liable for delayed or undelivered messages. Delivery depends on many factors outside Alive Labs' and the Merchant's control.

A.6 Questions and Complaints

  • About the Merchant's specific program (offer, content, timing): contact the Merchant.
  • About Auric as a platform, or a complaint a Merchant has not addressed: contact Alive Labs at privacy@auricmobile.app.
  • About unresolved issues: you may file complaints with the FCC or your State Attorney General.

Part B — For Merchants Using the SMS Services

If you are a Merchant sending messages through Auric, Part B applies to you in addition to Part A. These rules are material obligations. Breach of Part B is a material breach of the Terms of Service and triggers your indemnification obligations.

B.1 Prior Express Written Consent

You will obtain prior express written consent from each Consumer before sending any telemarketing or promotional SMS, and prior express consent for informational (non-marketing) SMS, in compliance with the Telephone Consumer Protection Act (TCPA) and FCC rules.

Your opt-in flow must present the following before a Consumer opts in:

  • Your business name (the program brand/name).
  • A clear statement that the Consumer will receive autodialed/automated marketing messages.
  • Message frequency (for example, "up to 5 msgs/week").
  • "Msg & data rates may apply."
  • "Text STOP to unsubscribe. Text HELP for help."
  • A link to your SMS program terms and privacy policy.
  • A clear statement that consent is not a condition of purchase.

You must keep records of each Consumer's opt-in (timestamp, source, exact disclosure language shown) for at least 4 years, and provide those records to Alive Labs or regulators on request.

B.2 Opt-Out Handling

You will:

  • Honor STOP, UNSUBSCRIBE, CANCEL, END, QUIT, and any reasonable variant immediately — no later than the next message after receipt.
  • Send one confirmation message after a STOP, then no further marketing SMS to that Consumer for that program.
  • Maintain a suppression list and ensure opted-out Consumers are not re-messaged through another Auric program or a different sender number.
  • Respond to HELP with program identification, support contact information, and a link to the applicable privacy policy.

B.3 Prohibited Content (the "SHAFT + Carrier Prohibited" List)

You may not send SMS through Auric that contains or relates to:

  • Sex and adult content.
  • Hate speech, harassment, or messages that violate rules against discrimination.
  • Alcohol (without compliant age-gating and only where specifically permitted by the carrier and law).
  • Firearms and ammunition (except where specifically permitted with required registration).
  • Tobacco, vaping, e-cigarettes (generally prohibited).
  • Cannabis, CBD, and related products (generally prohibited on US carrier networks, even in states where legal).
  • Gambling and sweepstakes (tightly restricted; only where permitted by carrier with required approval).
  • Prescription drugs (without appropriate authorization).
  • Payday lending, high-interest or short-term loans, debt collection (highly restricted).
  • "Get rich quick," MLM, no-credit-check financial products.
  • Deceptive, phishing, fraud, or other unlawful content.

B.4 Sender Registration (10DLC, Toll-Free Verification, Short Codes)

For US SMS sending, you may be required to register a "brand" and "campaign" under the 10DLC framework or verify a toll-free number, or obtain approval for a short code. You must provide accurate registration information — including a valid business name, tax ID, physical address, authorized contact, website, and campaign description — and keep it current.

Carriers may reject registrations, change rules, apply throughput caps, or impose fees that change over time. You accept these costs and constraints as a condition of sending.

B.5 Quiet Hours and Frequency

You will send messages at reasonable times and will comply with federal and state "quiet hours" rules (generally not before 8:00 a.m. or after 9:00 p.m. local time for the recipient, with stricter rules in some states). You will not send at a rate that would constitute harassment.

B.6 Content Accuracy and Consumer Protection

You will not:

  • Make false, misleading, or deceptive claims in your messages.
  • Use deceptive sender identification.
  • Run campaigns that violate the FTC Act, state consumer-protection laws, or advertising rules applicable to your industry.
  • Target Consumers under the age required for your content (for example, under 21 for alcohol-related content).

B.7 Segmentation, Profiling, and Sensitive Data

You will not include sensitive personal information (for example, full account numbers, Social Security numbers, medical details) in SMS messages. You will not use SMS to profile Consumers on sensitive characteristics in ways that would require heightened consent under GDPR or applicable law unless you have obtained that consent.

B.8 International Sending

If you send messages to Consumers outside the United States, you are responsible for complying with the applicable laws of the recipient's country, including CASL (Canada), GDPR/PECR (UK and EU), Australian Spam Act, and local sender-registration regimes. Alive Labs does not guarantee availability for any international destination.

B.9 Complaint Handling

You will maintain reasonable processes to receive and resolve Consumer complaints about your SMS program. You will notify Alive Labs at support@auricmobile.app of any regulatory inquiry, class action, or carrier complaint that relates to your use of the SMS Services.

B.10 Consequences of Non-Compliance

Non-compliance with these SMS Terms may result in any of the following, at Alive Labs' discretion:

  • Throttling or suspension of sending capability.
  • Termination of your account.
  • Pass-through of fines imposed by carriers for violations.
  • Indemnification of Alive Labs for claims, regulatory enforcement actions, and carrier penalties arising from your messages.

Carriers have begun aggressive enforcement including fines of $10 per message for prohibited content, and TCPA class actions can recover $500 to $1,500 per message. Compliance is not optional.

Part C — Alive Labs' Responsibilities and Limitations

C.1 What Alive Labs Does

Alive Labs provides:

  • The Auric platform for creating, scheduling, and sending SMS campaigns.
  • Integration with a licensed telecommunications aggregator for delivery.
  • Keyword handling infrastructure (STOP, HELP, auto-replies).
  • Reasonable controls designed to flag obvious violations, though these controls are not a substitute for Merchant compliance.

C.2 What Alive Labs Does Not Do

Alive Labs does not:

  • Approve or endorse Merchant content, claims, or offers.
  • Warrant that any specific message will be delivered, or delivered at a specific time.
  • Serve as a Merchant's compliance officer, lawyer, or TCPA advisor.
  • Assume responsibility for Merchants' legal obligations to Consumers.

C.3 Platform Right to Review

Alive Labs may (but is not obligated to) review, flag, delay, hold, or refuse to send any message that we reasonably believe violates these SMS Terms, the Acceptable Use Policy, carrier rules, or applicable law.

C.4 Carrier Pass-Through Costs

Carriers and aggregators charge per-message fees, registration fees, and other costs that may change without notice. Alive Labs may pass through these costs.

Changes

We may update these SMS Terms. Material changes will be communicated before they take effect, except for changes required by law, carriers, or our aggregator, which may take effect immediately. Continued use of the SMS Services after changes take effect means you accept the updated SMS Terms.

Contact

Auric (a product of Alive Labs)
Dallas–Fort Worth, Texas, United States

These SMS Terms are provided for informational purposes and do not constitute legal advice. SMS regulations change frequently. Merchants are responsible for staying current with applicable laws, CTIA guidelines, and carrier rules.