Messaging Policy

This Messaging Policy is part of the Terms of Service between you (the merchant) and iSend LLC, doing business as Caesar ("Caesar", "we", "us"). Caesar is a technology platform that you activate to send AI-written Messages on your behalf, over iMessage, SMS and RCS, to the customers who meet the conditions of the Campaigns you enable. You are the sender of every such Message. You determine the recipients, the timing and the content of your Messages, and you are solely responsible for complying with Applicable Law. Caesar does not provide legal advice, and nothing in this policy is legal advice. Messaging laws are strict and change frequently. You must obtain your own counsel on the laws that apply to your business and your messaging.

Capitalized terms not defined in this policy have the meanings given in the Terms. This policy applies to every Message sent or received through Caesar, over iMessage, SMS and RCS, regardless of where you or the Recipient are located.

1. Purpose of this policy

In the United States, the Telephone Consumer Protection Act (TCPA) and state laws provide for statutory damages for each unlawful message, and mobile carriers and Channel providers enforce their own rules and impose their own fines. This policy sets the minimum standard for use of Caesar. Where the law or a carrier or Channel rule is stricter than this policy, the stricter rule applies.

2. Your role as sender

2.1 Human-directed, AI-assisted. Caesar is a tool that you, acting on behalf of your business, use to conduct your own outreach. The Agent contacts no one until you activate it, and it then contacts only customers who meet the conditions of the Campaigns you enable. You determine which Campaigns run, who may be contacted, when, with which offers, and what the Agent knows and must never say (Section 4.1 of the Terms). The Agent writes each Message and reply with AI assistance within those settings. You supervise the Agent, and you may review, adjust or pause all of its activity at any time. Caesar does not independently decide whom to contact, never adds contacts from its own sources, and does not dial or generate phone numbers randomly or sequentially (Section 4.2 of the Terms).

2.2 Your Messages. For all legal purposes, including the TCPA and state telemarketing laws, you are the sender, caller, initiator, originator, advertiser and seller for every Message sent on your behalf, and the party that makes or initiates each Message (Section 4.4 of the Terms). The operation of Caesar's automation within your settings does not change this. This includes Messages that our team sends on your behalf when a conversation is handed off to a person, as described in Section 3.6 of the Terms. With respect to your customers' personal data, you are the controller and Caesar is your processor under the DPA.

2.3 Your responsibility. You are responsible for the lawfulness of every Message, including its consent basis, content, timing, frequency and destination, any AI disclosure that the law requires (Section 5.3), and any claim arising from it. Caesar's compliance features assist you, but they do not transfer that responsibility to us.

2.4 No legal approval. A review, an approval to go live or a suggestion from us is not legal advice, and it is not confirmation that your messaging is lawful (Section 4.5 of the Terms).

3. Consent

3.1 Consent standard. You determine the recipients, the timing and the content of your Messages (within the templates and instructions you configure), and you are solely responsible for ensuring that every Message complies with Applicable Law. Before any Message is sent, you must have obtained, and be able to document, every consent that Applicable Law requires from that Recipient. In the United States, automated marketing text messages generally require prior express written consent to receive automated marketing text messages from your brand at that phone number. Abandoned-checkout reminders, post-purchase offers, win-back messages and follow-ups are usually treated as marketing. You should therefore assume that this consent is required for them unless your own counsel confirms that a different standard applies.

3.2 Requirements for valid consent. Where written consent is required, it is valid only if the person took a clear, affirmative action after viewing a clear and conspicuous disclosure, such as checking an unchecked box, submitting a form or texting a keyword. The disclosure must state:

• your brand name;
• that the person agrees to receive recurring automated marketing text messages at the number they provide. We recommend using the phrases "text messages (including iMessage and RCS)" and "including AI-assisted messages";
• that consent is not a condition of any purchase;
• the message frequency (for example, "Message frequency varies");
• that "Msg & data rates may apply";
• how to obtain help (reply HELP) and how to opt out (reply STOP);
• links to your SMS terms and privacy policy.

Consent given by a website checkbox, form, text reply or keypress may satisfy the TCPA's "signature" requirement if it complies with the federal E-SIGN Act. The person must intend to agree, and your records must associate the agreement with that person and that number. Appendix A contains template wording.

3.3 Sources of consent.

• Shopify SMS marketing consent that your customer gave at checkout or in their account, where the disclosure shown meets Section 3.2. You should verify, and if necessary edit, the consent text in your Shopify checkout settings.
• Sign-up forms and pop-ups on your website, including third-party tools, that meet Section 3.2.
• Keyword opt-in, where the person texts a keyword after viewing the disclosure, followed by a confirmation message.
• Consent collection tools provided by Caesar, when used as designed.

3.4 Invalid consent. The following do not constitute consent:

• A phone number provided only for shipping, order updates or account security, such as a number entered in a checkout shipping field.
• A pre-checked box, or consent hidden in general terms and conditions.
• Consent given to a different brand, a predecessor business, an affiliate or a list seller. Consent is brand-specific and does not transfer.
• Purchased, rented, shared, appended, scraped, harvested or randomly generated lists, and lead-generation or co-registration lists. These are prohibited on Caesar.
• A past purchase or an "existing business relationship" alone.
• The fact that a Message concerns the person's own cart or order. Conversational and cart-related Messages remain subject to all applicable consent requirements.

3.5 Do-not-call rules. Marketing text messages are subject to the National Do Not Call Registry and to state do-not-call lists. Prior express written consent that meets Section 3.2 generally satisfies the national registry rules, but some state laws impose their own requirements. Reliance on "established business relationship" exceptions carries significant risk, and you should obtain the advice of your own counsel before relying on them. Federal rules also require you to maintain a written do-not-call policy, train your personnel on it, and maintain an internal list of persons who have asked not to be contacted.

3.6 Channels.

• Text channels. Caesar may deliver a text message by iMessage, RCS or SMS, depending on the Recipient's device. Your consent should therefore cover text messages on all of these Channels (see the wording in Section 3.2).
• Email requires the email marketing consent that applies in your Recipients' location.

3.7 Consent records. For each Recipient, you must keep a record showing:

• the phone number;
• the date and time of consent;
• the source (for example, Shopify checkout or a website pop-up);
• the exact disclosure text and version shown;
• the brand;
• how consent was given (checkbox, form or keyword);
• where available, the IP address or device;
• any later opt-out.

You must retain these records for at least five years after your last Message to that person. Caesar records the consent status and source that we receive, but you remain responsible for maintaining complete records.

3.8 Proof of consent. We may request proof of consent for any Recipient, list or Campaign at any time. You must provide that proof within two Business Days, and we may pause sending until you do so.

3.9 Unverified consent. If you cannot demonstrate that a person gave a consent that the law requires, you must exclude that person from your Campaigns.

3.10 Canada (CASL). For Recipients in Canada, the consent request must also identify your business, state your mailing address and a phone number, email address or website, and state that consent may be withdrawn at any time. Every commercial Message must identify your business and include a means of contacting you and of unsubscribing. Appendix A9 contains template wording.

3.11 Minors. You must not knowingly send Messages to any person under 18.

4. Opt-outs, HELP and wrong numbers

4.1 Opt-out keywords. Caesar automatically processes standard opt-out replies, including STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT, REVOKE and OPT OUT, and their common equivalents and translations. You remain responsible for honoring every opt-out, including opt-outs received outside Caesar.

4.2 Revocation by any reasonable means. A person may revoke consent by any reasonable means, not only by using a keyword. Replies such as "please stop texting me" or "remove me" are opt-outs. Caesar is designed to detect these replies and suppress the contact, and you must also treat them as opt-outs.

4.3 Timing. For opt-outs made in a Caesar conversation, the standard is immediate: Caesar suppresses the contact as soon as the opt-out is received. The law requires opt-outs to be honored within a reasonable time, and in no event later than 10 business days. After an opt-out, Caesar may send one confirmation Message within five minutes. That Message confirms the opt-out and contains nothing else: no marketing, and no attempt to change the person's mind.

4.4 Opt-outs received through other means. If a person asks you to stop by email, phone, social media or in person, you must enter the opt-out into Caesar within 24 hours.

4.5 Scope.

• An opt-out stops all Messages from your brand to that person on every Caesar Channel.
• On a shared line (Section 7.3), an opt-out may also stop Messages from other brands using that line.
• Caesar blocks numbers that report unwanted or unlawful messages to us, or that ask us not to contact them, from receiving further Messages through Caesar.

You must never re-upload, re-import or re-add a person who has opted out, unless that person gives new consent that meets Section 3.

4.6 HELP. When a person replies HELP or INFO, the response must state your brand name, a means of contacting you (email, phone or a link) and how to opt out.

4.7 Wrong numbers and reassigned numbers.

• Wrong numbers. If a Recipient states that the number is a wrong number, Caesar treats that statement as an opt-out, and you must not contact the number again.
• Reassigned numbers. If you have not contacted a number for an extended period, you should consider verifying it against the FCC's Reassigned Numbers Database before contacting it again. Correct use of the database provides you with a safe harbor.

5. Identification and honesty

5.1 Brand identification. The first Message of every conversation must identify your brand by name. Sender names, links and domains must not be misleading. You must not impersonate any other business, person or authority.

5.2 No impersonation of humans. The Agent may use a first name that is consistent with your brand's voice, but it must never claim to be a human. If a Recipient asks whether they are communicating with a person or a bot, the answer must be truthful. Caesar's Agent is designed to answer truthfully, and you must not instruct it otherwise.

5.3 AI disclosure. Several laws require that people be informed when they are interacting with AI or a bot, such as the EU AI Act for Recipients in the European Union, the California B.O.T. Act where it applies, and other US state laws (for example, in Maine and Utah).

• Where the law requires it, the first Message of a conversation identifies the Agent as an AI assistant.
• By default, Caesar may do the same for other Recipients.
• You must not remove or obscure these disclosures.
• You are responsible for any additional disclosure that your use case requires.

5.4 Truthful offers. Everything the Agent states about your business must be true and current. This includes prices, discounts, stock, shipping times, return and refund policies, warranties, and the terms of any promotion. You must not create false urgency or scarcity, and you must not make claims that you cannot substantiate. Consumer-protection and advertising laws, such as the FTC Act and state unfair-practices laws, apply to Messages in the same way that they apply to your website.

5.5 Links. Links must direct to your own store, your checkout or Caesar's branded links. You must not use public link shorteners such as bit.ly or tinyurl, which carriers block.

5.6 Prohibition on requesting sensitive information. You must not configure the Agent, or instruct your team, to request any of the following by Message. Recipients should instead be directed to your secure checkout or account page.

• payment card numbers or bank details;
• Social Security or other government ID numbers;
• passwords or one-time codes;
• health information.

6. Timing and frequency

6.1 Sending window. Unless stricter rules apply, outreach may occur only between 9:00 a.m. and 8:00 p.m. in the Recipient's local time, Monday to Saturday, and between 12:00 p.m. and 8:00 p.m. on Sundays. Outreach means new conversations, follow-ups and scheduled Messages. This window is narrower than the federal rule (8 a.m. to 9 p.m.), but it does not satisfy every state rule: some states restrict Sundays or public holidays, or set shorter hours. Caesar applies stricter state rules where we are aware of them, and you must comply with any other rules that apply to you.

6.2 Replies to Recipients. Outside the sending window, the Agent may reply only within a live conversation, meaning to a Recipient who has messaged you within the last 15 minutes. The reply must address what the Recipient asked and must not begin a new sales pitch. The Agent must never initiate new outreach outside the window.

6.3 Time zones. Caesar determines the Recipient's time zone from the best information available, such as the shipping address or the area code of the phone number. Where the time zone is uncertain, Caesar applies the most restrictive likely time zone. Messages that would fall outside the window are deferred or canceled.

6.4 Frequency. You must keep message frequency reasonable and consistent with what you disclosed at opt-in. Several US states, including Florida, Oklahoma and Maryland, limit marketing text messages to three per 24 hours on the same subject, regardless of the number from which they are sent. Caesar applies this limit to Recipients whose phone number or address is in those states, and it counts each message bubble, on every line and Channel. Caesar may also enforce other frequency limits by combining, delaying or canceling Messages.

6.5 Relevance. Campaigns must relate to the Recipient's relationship with your store, such as their cart, their order or products similar to those they purchased.

7. Registrations, lines and channels

7.1 US SMS registration (A2P 10DLC). US carriers require each brand that sends text messages from standard phone numbers to register its business and use case through The Campaign Registry. Your registration details must be accurate and kept current, and you authorize us to submit them on your behalf (Sections 6.4 and 9.3 of the Terms). Caesar sends SMS and MMS for your brand only from numbers registered for your brand, and only after registration is approved. A materially different use case requires a new registration. Registration and vetting fees may be passed through to you.

7.2 Other Channels.

• iMessage. Delivery depends on Apple's services and rules. Apple may restrict or block Messages at any time.
• RCS. RCS Messages may require brand verification and are subject to carrier and Google requirements.
• Email. Email must comply with the CAN-SPAM Act, which requires:
  • accurate sender information and subject lines;
  • your physical postal address;
  • a working unsubscribe link, honored within 10 business days;
  • clear identification of advertising.

7.3 Dedicated and shared lines. Your iMessage conversations may run on a line dedicated to your brand, or on a line shared with a limited number of other brands. On a shared line, you must always identify your brand, and an opt-out on that line may apply to every brand using it (Section 9.2 of the Terms). SMS is never sent from a shared line.

7.4 Ownership of lines. Lines, numbers and registrations provided by Caesar belong to Caesar or its providers. They are not your property and cannot be ported. We may replace, cool down or withdraw them (see Section 9.2 of the Terms).

7.5 Carrier and Channel rules. You must comply with the CTIA Messaging Principles and Best Practices, carrier codes of conduct, and each Channel's rules as they apply to your messaging. Carriers may fine senders for violations, and those costs are passed through to you (Section 6.10 of the Terms).

8. Other channels and features

Caesar currently sends and receives Messages over iMessage, SMS and RCS. Any other channels or features that we make available are subject to this policy and to the additional rules described in Section 9.6 of the Terms.

9. Content rules

9.1 Content prohibited in all cases. You must not send, or configure the Agent to send or say:

• (a) content about illegal goods or services, or content that is illegal where it is received;
• (b) phishing, "smishing" or "vishing", malware, or links that disguise their destination;
• (c) deceptive, misleading or fraudulent content, including fake prizes, fake urgency and false claims;
• (d) hateful, harassing, threatening, violent or sexually explicit content;
• (e) content promoting cannabis, CBD, hemp-derived THC, kratom, drug paraphernalia, tobacco or vaping products, or firearms, ammunition or weapons;
• (f) content for any other prohibited business listed in Section 2 of the Acceptable Use Policy, such as payday loans, debt relief and gambling;
• (g) content that infringes someone else's intellectual property, privacy or publicity rights, including images you do not have the right to use.

9.2 Restricted content (subject to our prior written approval). Content for the restricted businesses listed in Section 2 of the Acceptable Use Policy, such as alcohol, sweepstakes and contests, financial products, health-related claims, subscription or auto-renewal offers, and charity and political messaging, requires our prior written approval, on the conditions set out in that section. We may require additional safeguards, such as age verification, before granting approval.

9.3 Images and attachments. Images and attachments are subject to the same rules as text.

10. Applicable laws

You are responsible for complying with every law that applies to your messaging in each Recipient's location. The following are examples and not a complete list.

• United States:
  • the Telephone Consumer Protection Act and FCC rules, including consent, revocation, do-not-call and time-of-day rules;
  • the National Do Not Call Registry;
  • state telemarketing and texting laws, such as the Florida Telephone Solicitation Act, the Oklahoma Telephone Solicitation Act, Maryland's Stop the Spam Calls Act, Washington's Commercial Electronic Mail Act, and state telemarketer registration requirements;
  • the CAN-SPAM Act for email;
  • the FTC Act and state consumer-protection laws;
  • state privacy and AI-disclosure laws.
• Canada: Canada's Anti-Spam Legislation (CASL), including the rules in Section 3.10. Unsubscribe requests must be honored within 10 business days.
• European Union and United Kingdom:
  • the GDPR and UK GDPR;
  • the ePrivacy Directive and the UK Privacy and Electronic Communications Regulations, which require prior consent for electronic marketing and permit objection at any time;
  • the EU AI Act's transparency rules.
• Carriers and Channels: the rules in Section 7.5, The Campaign Registry's rules, and the rules of Apple, Google and our messaging providers.

11. Records and cooperation

11.1 Required records. You must keep accurate records of the following for at least five years:

• consent (Section 3.7);
• opt-outs, including those received outside Caesar;
• your opt-in pages, forms and disclosure text, with the dates on which they were used;
• the versions of your SMS terms and privacy policy.

11.2 Cooperation. You must cooperate with any carrier, registry, Channel provider or regulator inquiry about your messaging, and with our requests under Section 3.8.

11.3 Caesar's records. Caesar maintains Message-Delivery Logs, opt-out records and configuration history, as described in the DPA and Privacy Policy.

12. Enforcement

12.1 Built-in controls. Caesar includes controls designed to assist your compliance, such as automatic opt-out processing, consent-status checks, quiet-hours and frequency controls, blocking of SMS from unregistered numbers, AI notices, content filters, human handoff and a kill switch that pauses sending. These controls reduce risk, but they are aids and not guarantees.

12.2 Monitoring. We may monitor opt-out, complaint, block, failure and reply rates, and we may review Campaigns and conversations. We may request that you correct issues, or we may take action ourselves.

12.3 Enforcement actions. If we believe that this policy has been or may be breached, or that there is a legal, safety or abuse risk, we may, with or without notice, pause a Campaign or Channel, limit volume, remove or block content, suspend a line, suspend or close your account, and report the activity as described in Section 4.4 of the Acceptable Use Policy. Section 17.1 of the Terms describes suspension, and Section 4.6 of the Acceptable Use Policy describes the appeal process.

12.4 Responsibility and indemnity. The indemnity in Section 21 of the Terms applies to your messaging. It covers claims by Recipients, statutory damages, class actions and regulatory actions, and it is not subject to the liability cap.

13. Information for message recipients

If you received a message from a store that uses Caesar:

• To stop messages, reply STOP. You will receive one confirmation message, and no further messages from that store through Caesar.
• For help, reply HELP, or contact the store directly. The store sent the message and decides how your information is used.
• To access or delete your data, contact the store. If you contact us instead, we will forward your request to the store and help it respond.
• If you never agreed to receive messages from the store, or if a message appears to be spam or a scam, you may notify us at [email protected] with "Abuse report" in the subject line. Your report should include the number that contacted you, the date and, if possible, a screenshot. We review every report we receive, and we can block your number from receiving further messages through Caesar.

14. Changes, trademarks and contact

We may update this policy as described in Section 23 of the Terms. Previous versions are available at caesar.io/legal.

Apple and iMessage are trademarks of Apple Inc. Caesar is not affiliated with, endorsed by or sponsored by Apple Inc. Other names and marks are the property of their respective owners.

Questions about this policy should be sent to [email protected]. Abuse reports should be sent to [email protected].

Appendix A: Consent and message templates

These templates are provided as a starting point and are not legal advice. You should replace the bracketed text and verify that the wording is appropriate for your program.

A1. Checkout or sign-up checkbox (the box must be unchecked by default)

☐ Text me offers and cart reminders from [Brand].
By checking this box, I agree to receive recurring automated marketing text messages (including iMessage and RCS, and AI-assisted messages) from [Brand] at the phone number provided. Consent is not a condition of any purchase. Message frequency varies. Msg & data rates may apply. Reply HELP for help or STOP to cancel. See our [SMS Terms] and [Privacy Policy].

A2. Website pop-up (displayed next to the submit button)

By submitting this form, you agree to receive recurring automated marketing text messages (including iMessage and RCS, AI-assisted messages and cart reminders) from [Brand] at the number provided. Consent is not a condition of purchase. Msg frequency varies. Msg & data rates may apply. Reply HELP for help or STOP to cancel. [SMS Terms] · [Privacy Policy]

A3. Welcome or confirmation message (after a keyword or double opt-in)

[Brand]: Thanks for subscribing to texts! Msg frequency varies. Msg & data rates may apply. Reply HELP for help, STOP to cancel.

A4. HELP reply

[Brand]: Need help? Contact us at [support email or phone]. Msg & data rates may apply. Reply STOP to unsubscribe.

A5. STOP confirmation (one message, within five minutes, no marketing)

[Brand]: You're unsubscribed and won't receive more texts from us.

A6. First message in a conversation (the brand must always be named; AI disclosure shown)

Hi [first name], it's [Agent name], [Brand]'s AI assistant. You left [item] in your cart. Want a link to finish checking out? Reply STOP to opt out.

A7. SMS Terms for your website (short form)

[Brand] SMS Terms

• Program. By opting in, you agree to receive recurring automated marketing and cart-reminder text messages (including iMessage and RCS) from [Brand] at the number you provided. Messages may be written with the help of AI. Consent is not a condition of purchase.
• Frequency and cost. Message frequency varies. Message and data rates may apply.
• Opting out. Reply STOP to cancel at any time. You'll receive one confirmation message. Reply HELP for help, or contact [support email].
• Carriers. Carriers are not liable for delayed or undelivered messages.
• Eligibility. You must be 18 or older and the account holder or authorized user of the phone number.
• Privacy. See our [Privacy Policy]. We use service providers, including Caesar, to send messages on our behalf.

A8. Clause for your privacy policy (carriers look for this clause during registration)

Text messaging. We will not share your mobile phone number or text-messaging opt-in data and consent with third parties or affiliates for their marketing or promotional purposes. We share this information only with service providers that help us deliver our text messages, such as our messaging platform, and only for that purpose.

A9. Canada (CASL) additions

Add the following to the consent text:

[Brand], [mailing address], [email or website]. You can withdraw your consent at any time by replying STOP.

Footer for every commercial Message to a Canadian number (Section 3.10), for example:

[Brand] ([website]). Reply STOP to unsubscribe.