LEGAL
You're the sender. These are the minimum rules for every text, call and email you send through the Peak apps.
Effective October 15, 2026Last updated October 15, 2026Version 1.0
This policy is part of our Terms of Service. Messages go out from your numbers and accounts, to your contacts, for your business, even when the apps send them on a schedule or our team sends them for you on a managed plan. You're responsible for the consent, registration, content and legal compliance of every call, text and email. The rules below are the minimum. They don't cover every law, and following them doesn't guarantee compliance. When in doubt, ask your own lawyer.
Don't text anyone who hasn't given you consent. No purchased, rented, scraped or "enriched" lists, and no importing numbers just because you found them. Don't rely on consent a lead seller collected for many companies at once.
Marketing texts and calls (offers, promotions, bring-back-past-customers campaigns, review requests with promotional content) need the recipient's prior express written consent (47 C.F.R. § 64.1200(a)(2)). The consent must be clear and easy to see, use a checkbox that isn't pre-checked, name your business, say messages may be sent with automated technology, say consent isn't a condition of buying anything, and give frequency, rates and STOP/HELP information.
Informational texts the customer asked for (appointment reminders, job updates, invoice notices) need at least prior express consent, which a customer usually gives by handing you their number for that purpose. Don't slip marketing into them.
Calls and voice. The same consent rules apply. AI-generated voices count as artificial or prerecorded voices under the FCC's February 2024 ruling (FCC 24-17), so they need consent too. Don't make telemarketing calls to numbers on the National Do Not Call Registry without an exemption, and keep your own do-not-call list.
Keep proof of each consent: the exact wording, the form or page, date and time, IP address, phone number and wording version. Keep it at least 5 years, longer than the TCPA's 4-year window to sue.
Consent stays with you. Don't pass it to other businesses, and don't reuse it for a different purpose than the one the customer agreed to.
Adapt this to your business and have your lawyer review it. Put it next to an unchecked box, separate from any other terms:
By checking this box, I agree to receive text messages, including automated texts, from [Business Name] at the number I provided about my request, scheduling and offers. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to cancel or HELP for help. See our Privacy Policy and Terms.
Send marketing calls and texts only between 8 a.m. and 9 p.m. in the recipient's local time (47 C.F.R. § 64.1200(c)(1)). Many states are stricter. Utah's Telephone and Facsimile Solicitation Act bars telephone solicitations without prior express consent between 9 p.m. and 8 a.m., on Sundays and on legal holidays (Utah Code § 13-25a-103). That section speaks of calls; treat texts the same way to be safe. Other states (for example Florida, Oklahoma, Maryland and Washington) have their own limits on hours, frequency and consent.
Keep marketing frequency reasonable and match what you told people. The quiet-hours setting in the apps helps, but it doesn't guarantee you meet every state's rules.
U.S. carriers require business texting on regular 10-digit numbers to be registered under A2P 10DLC: a brand (your legal business) and a campaign (what you send, sample messages, how people opt in and out). Toll-free numbers need toll-free verification. You complete, maintain and pay for these in your own Twilio account (on a managed plan, our team may do it for you in your business's name).
Approval can take days or weeks and can be rejected; we can't guarantee it. Don't send unregistered traffic. Carriers may block it and Twilio may suspend your account. Your registration must match how you actually collect consent and what you send; big changes may need a new registration.
The Sherpa command number (staff texting the app) is for verified staff only, separate from numbers your customers use, and it needs registration too.
Use the consent records, STOP handling and quiet-hours settings in the apps, and don't work around them. If consent is missing, the apps may hold or block a send. You're still responsible for what gets sent. Industry guidance is in the CTIA Messaging Principles and Best Practices (May 2023 edition) and your carrier's and Twilio's messaging policies.
We may pause sending, turn off features, suspend accounts and share information with Twilio and carriers when we see a violation or get a complaint. TCPA damages run $500 to $1,500 per message and can be brought as class actions. That exposure is yours, and you cover us for it under the Terms.
Fresh Lime Media LLC dba Peak Engine · 972 W 1050 S, American Fork, UT 84003 · hello@peak-engine.com · (801) 822-9439
