Terms and Conditions

Effective Date: August 8th, 2025
Last Updated: August 9th, 2025

1. Service Overview

Red Tide Strategies (“we,” “us,” or “our”) provides a platform that enables political candidates, committees, and organizations (“Clients”) to send SMS/MMS messages to contact lists they upload. Clients may schedule, compose, and distribute messages, including media attachments, to their selected recipients.

2. Client Responsibilities

By using our services, Clients agree to:

  • Upload only contact lists for which they have obtained prior express written consent from recipients, as required under the Telephone Consumer Protection Act (TCPA).
  • Ensure all messages comply with federal, state, and local laws, including but not limited to FEC disclaimer requirements.
  • Include clear opt-out instructions in every message (e.g., “Reply STOP to unsubscribe”).
  • Avoid sending messages during restricted hours (before 8 AM or after 9 PM in the recipient’s time zone).
  • Scrub contact lists against Do Not Call (DNC) registries and the Reassigned Numbers Database (RND).

3. Consent and Compliance

Clients must maintain verifiable records of consent for each recipient, including:

  • Date, time, and method of consent collection
  • Exact language used to obtain consent
  • Recipient’s phone number and contact details

We reserve the right to request proof of consent at any time. Failure to provide such documentation may result in suspension or termination of services.

4. Disclaimers and Liability

Red Tide Strategies is a technology facilitator and does not author, approve, or verify the content of messages sent by Clients. We are not liable for:

  • TCPA violations or fines incurred by Clients
  • Content-related claims, including defamation, misinformation, or copyright infringement
  • Delivery failures due to carrier restrictions or technical issues

Clients assume full legal responsibility for all messages sent through our platform.

5. Indemnification

Clients agree to indemnify, defend, and hold harmless Red Tide Strategies, its affiliates, officers, and employees from any claims, damages, liabilities, or expenses (including legal fees) arising from:

  • TCPA violations
  • Unauthorized use of contact data
  • Breach of these Terms
  • Regulatory investigations or enforcement actions

6. Message Content Guidelines

Clients must not send:

  • Messages containing hate speech, threats, or unlawful content
  • Messages impersonating another individual or entity
  • Messages lacking proper political disclaimers (e.g., “Paid for by [Committee Name]”)

We reserve the right to suspend or remove any campaign that violates these guidelines.

7. Opt-Out Mechanism

All messages must include a clear opt-out option, using one of the following keywords: STOP, UNSUBSCRIBE, END, CANCEL, QUIT. Opt-out requests must be honored within 24 hours.

8. Data Privacy

We do not sell or share contact data uploaded by Clients. All data is stored securely and used solely for campaign execution. See our Privacy Policy for full details.

9. Governing Law

These Terms shall be governed by the laws of the United States of America, without regard to conflict of law principles.

10. Modifications

We may update these Terms at any time. Continued use of the service after changes are posted constitutes acceptance of the revised Terms.