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Communications Compliance Terms

Last updated 17 October 2026

Version 1.1. Effective 27 September 2026.

These Communications Compliance Terms (the "Compliance Terms") form part of the Keeplooped Terms of Service (the "Agreement") between Focus Digital d.o.o. (OIB 78356705721), Borongajska cesta 82/3, 10000 Zagreb, Croatia, which operates Keeplooped ("Keeplooped", "we", "us") and the business entity that registers for or uses the Services (the "Customer", "you"). If these Compliance Terms conflict with any other part of the Agreement, these Compliance Terms control on the subject of Communications. Capitalized terms not defined here have the meanings given in the Agreement.

1. Definitions

1.1 "Communication" means any text message (SMS, MMS, RCS, or similar), voice call (live, prerecorded, artificial, or AI-generated voice), voicemail, or email that is sent, placed, or delivered through the Services on behalf of the Customer, including automated, triggered, scheduled, and manually sent Communications.

1.2 "Marketing Communication" means any Communication that includes, in whole or in part, an advertisement, offer, promotion, discount, price, or call to action to purchase, rent, or invest in property, goods, or services, or that encourages a future purchase or visit. It also includes any "telemarketing", "telephone solicitation", "telephonic sales call", "commercial electronic mail message", or "commercial electronic text message" as those terms are defined in the Communications Laws. A Communication that has both a marketing and a non-marketing purpose is a Marketing Communication.

1.3 "Transactional Communication" means a Communication whose sole purpose is to facilitate, complete, confirm, or provide information about a transaction or relationship the Contact has already requested or entered into (for example, booking confirmations, appointment reminders, and responses to a Contact's inquiry), and which contains no Marketing content.

1.4 "Contact" means any individual to whom a Communication is sent or directed.

1.5 "Consent" means the permission of a Contact, of the type and scope required by the Communications Laws for the specific Communication, channel, technology, and purpose. This includes "prior express consent", "prior express written consent", "express invitation or permission", and "affirmative consent".

1.6 "Consent Record" means any record created, stored, or imported in the Services that documents a Contact's Consent or revocation, including records created through Keeplooped consent tools, forms, attestations, keyword opt-ins, and imports.

1.7 "Communications Laws" means all laws, regulations, rules, orders, and regulatory guidance that apply to Communications and to the collection and use of contact data. This includes:

  • (a) the Telephone Consumer Protection Act, 47 U.S.C. § 227, and 47 C.F.R. § 64.1200 et seq.;
  • (b) the Telemarketing Sales Rule, 16 C.F.R. Part 310;
  • (c) the CAN-SPAM Act, 15 U.S.C. § 7701 et seq.;
  • (d) the Truth in Caller ID Act and the FCC caller identification rules;
  • (e) state telemarketing, telephone-solicitation, "mini-TCPA", do-not-call, commercial electronic messaging, call-recording, wiretapping, automated-system and bot disclosure, consumer protection, and privacy laws; and
  • (f) the laws of any other country that applies to a Communication.

1.8 "Carrier Requirements" means the policies, codes of conduct, registration requirements (including A2P 10DLC, toll-free verification, and short-code requirements), content rules, and fee and fine schedules of wireless carriers, messaging aggregators, The Campaign Registry, CTIA, email mailbox providers, and other providers involved in delivering Communications.

1.9 "Guardrails" means the technical controls, restrictions, warnings, defaults, and checks that Keeplooped may build into the Services in connection with Communications, as described in Section 8.

1.10 "Location" means a business location, brand, or sub-account set up under the Customer's Account.

2. Scope

2.1 These Compliance Terms apply to every use of the Services to create, schedule, trigger, send, place, or receive Communications, and to every Consent Record, contact list, and suppression list stored in the Services.

2.2 The Customer's obligations under these Compliance Terms apply to every Location, every Authorized User, and every person who accesses the Services through the Customer's Account. The Customer is responsible for their acts and omissions as if they were its own.

3. Roles: the Customer is the sender

3.1 The Customer is the sender. For all purposes under the Communications Laws and Carrier Requirements, the Customer is the sender, caller, initiator, maker, and seller of every Communication, and the party on whose behalf it is sent. The Customer is also the "Brand" for every messaging campaign registration. The Customer decides whether a Communication is sent, when it is sent, to whom it is sent, how often it is sent, and what it says.

3.2 Keeplooped is a technology provider. Keeplooped provides software and transmission services that carry out the Customer's instructions. Keeplooped does not initiate, make, or originate Communications. It does not select Contacts, and it does not create or control the content of Communications on the Customer's behalf. Where the Communications Laws recognize the category, Keeplooped acts as a platform provider, a campaign service provider, or a provider of routine conveyance. Nothing in the Agreement makes Keeplooped the Customer's agent, telemarketer, or sender, and Keeplooped does not undertake any duty to make Communications for the Customer.

3.3 Automated features are the Customer's choice. Every automated or triggered Communication feature (including missed-call replies, reminders, follow-ups, win-back and re-engagement messages, loyalty notices, review requests, and AI-assisted replies) is off until the Customer turns it on for a Location. By turning a feature on, the Customer instructs Keeplooped to send the Communications that the feature generates, on the triggers and to the Contacts the Customer has configured.

3.4 Templates, samples, and AI output become the Customer's content. Keeplooped may provide sample text, templates, suggestions, or content generated with artificial intelligence. These are provided only as a convenience. When the Customer adopts, approves, edits, schedules, or enables any of them, that content becomes the Customer's content, and the Customer is solely responsible for it. Keeplooped does not represent that any sample, template, or suggestion is lawful or suitable for the Customer's use.

3.5 Suggestions are not sends. The Services may display insights, segments, or suggested audiences (for example, lists of Contacts who have not visited recently). No suggestion results in a Communication unless the Customer, or an Authorized User, sends it or enables an automation that sends it.

3.6 Compliance restrictions are not sends. When Keeplooped blocks, delays, reschedules within the Customer's chosen settings, or drops a Communication because of a Guardrail, it is acting only to restrict transmission. Keeplooped is not deciding to send a Communication or choosing when to send one.

4. Consent: the Customer owns it and is responsible for it

4.1 Customer ownership. As between the parties, the Customer owns all Consent Records and contact data it collects, imports, or generates through the Services. Keeplooped stores and processes Consent Records on the Customer's behalf.

4.2 Sole responsibility. The Customer is solely responsible for:

  • (a) obtaining Consent that satisfies the Communications Laws before sending each Communication, for the specific channel, technology, and purpose;
  • (b) making sure every consent disclosure identifies the Customer by name as the sender;
  • (c) determining whether each Communication is a Marketing Communication or a Transactional Communication, and classifying it correctly in the Services;
  • (d) proving Consent if it is challenged; and
  • (e) honoring every revocation of Consent.

The Customer bears the burden of proof as between itself and any Contact, regulator, or carrier.

4.3 Marketing Consent. The Customer will not send, and will not direct the Services to send, any Marketing Communication by text or by prerecorded, artificial, or AI-generated voice to any Contact unless:

  • (a) that Contact has given prior express written consent (or the equivalent affirmative consent required by applicable state law) to receive Marketing Communications from the Customer;
  • (b) the consent was given by the Contact's own affirmative act (for example, checking an unticked box, tapping a button, signing, or replying with an affirmative keyword); and
  • (c) the consent was given after a clear and conspicuous disclosure that meets the Communications Laws and Schedule A.

A pre-checked box, a default setting, silence, inactivity, or a staff member's statement is not Marketing Consent.

4.4 Consent collected by staff. When an Authorized User records Consent for a Contact (including by manually adding a Contact or confirming an attestation), that Authorized User is acting for the Customer, and the Customer represents and warrants that the attestation is true. Staff attestations may record Consent to Transactional Communications only. Marketing Consent for a Contact added by staff becomes effective only when the Contact confirms it through a Keeplooped confirmation flow (for example, by replying YES).

4.5 Imported contacts. For every import, the Customer must accurately identify how each Contact gave Consent and what they consented to. Contacts are imported as Transactional-only unless the Customer attests to, and on request provides evidence of, Marketing Consent that meets Section 4.3. The Customer will not import, upload, or message any Contact whose number or email address was purchased, rented, leased, shared by another business, appended, scraped, harvested, randomly or sequentially generated, or otherwise obtained without that Contact's Consent to hear from the Customer.

4.6 Keeplooped may rely on Customer statements. Keeplooped may rely conclusively on every Consent Record, attestation, classification, import declaration, and other statement made by the Customer or any Authorized User. Keeplooped has no duty to verify, audit, or investigate any of them, and it is not liable for any Communication sent in reliance on them.

4.7 Consent is specific to the Customer. Consent collected by or for one Customer does not authorize Communications from any other Keeplooped customer. Keeplooped does not share, pool, sell, or transfer Contacts, Consent Records, or suppression lists between unrelated customers. The Customer will not attempt to use the Services to do so.

4.8 Revocation. The Customer will honor every revocation of Consent made by any reasonable means (including replying STOP or a similar word, a free-text request, a spoken request, or an email) within the time required by the Communications Laws, and in any case no later than Keeplooped processes it in the Services. Keeplooped may process revocations automatically. It may apply them to the Communication type the Contact responded to, to all Communications from the Customer, or to all channels, as Keeplooped determines is necessary to comply with the Communications Laws as they change. The Customer will not re-add, re-import, or re-message a Contact who has revoked Consent unless that Contact gives new Consent through a method that meets Section 4.3.

4.9 Export. The Customer may export its Consent Records at any time while its Account is active, and for 30 days after termination.

4.10 Consent submitted through the API. When the Customer, or a website, form, or system acting for it, submits Consent to the Services through an API key, the Customer represents and warrants for each submission that: (a) the Contact personally gave that Consent on a form the Customer controls; (b) the disclosure submitted is the exact wording the Contact was shown, clearly and conspicuously, before giving it; (c) the consent checkbox was not pre-checked; and (d) any Marketing Consent meets Section 4.3. The Customer is the custodian of the original evidence of every Consent submitted this way, including the form submission, the page as shown, timestamps, IP addresses, and any electronic signature records. It will keep that evidence for at least five years after its last Communication to the Contact and give it to Keeplooped within five business days of a request. Keeplooped stores what is submitted as the Customer's own statement and relies on it under Section 4.6. Keeplooped does not hold, verify, or vouch for the underlying evidence and is not responsible for it. The Customer is responsible for all use of its API keys, whether authorized or not, and Section 12.1 applies to every claim arising from Consent submitted this way.

5. The Customer's compliance obligations

The Customer represents, warrants, and covenants that, for every Communication:

5.1 Compliance with law and carrier rules. It will comply with all Communications Laws and Carrier Requirements that apply to the Communication, based on the Contact's location as well as the Customer's.

5.2 Accurate registration. All information it provides for campaign, brand, number, toll-free, or sender registration (including legal name, tax identification number, website, use-case description, sample messages, and opt-in methods) is true, complete, and current. It will not send Communications outside the use case it registered.

5.3 Identification. Every Communication clearly identifies the Customer's business, and every Marketing Communication and the first message of each text conversation includes clear instructions for opting out.

5.4 Time of day and frequency. It will not send Marketing Communications outside the hours, or more often than the frequency, permitted by the Communications Laws of the state where the Contact is located or is presumed to be located (including by area code). Keeplooped's quiet-hours and frequency Guardrails do not relieve the Customer of this obligation.

5.5 Do-not-call. It will maintain an internal do-not-call list. It will not make telephone solicitations to numbers on the National Do Not Call Registry or any state do-not-call list unless it has the signed, written agreement or other exemption the law requires.

5.6 Voice. For voice Communications, it will:

  • (a) obtain the Consent the law requires before using any prerecorded, artificial, or AI-generated voice, and provide any automated opt-out mechanism the law requires;
  • (b) transmit accurate caller identification for a number it is authorized to use;
  • (c) give notice of, and obtain any consent required for, call recording, monitoring, transcription, or analysis, in every state involved in the call; and
  • (d) disclose the use of automated or AI agents where the law requires, and in any event at the start of every call answered or placed by an automated agent.

5.7 Email. For email Communications, it will:

  • (a) use accurate header and routing information and non-deceptive subject lines;
  • (b) identify Marketing emails as advertisements where the law requires;
  • (c) include a valid physical postal address and a working unsubscribe mechanism that functions for at least 30 days after sending;
  • (d) honor unsubscribe requests within the time the law requires; and
  • (e) meet the authentication and one-click unsubscribe requirements of major mailbox providers.

The Customer is the "sender" and "initiator" of its email under CAN-SPAM. Keeplooped provides only routine conveyance.

5.8 Content. It will not send any content prohibited by Schedule B or by Carrier Requirements, and it will not send false, misleading, or deceptive content.

5.9 State registration. The Customer alone is responsible for deciding whether it must register, post a bond, file reports, or obtain a license under any state telemarketing or telephone-solicitation law (including Texas Business & Commerce Code Chapter 302), and for doing so. Keeplooped does not give advice on that decision.

5.10 Reassigned and wrong numbers. It will promptly mark any number reported as reassigned, wrong, or belonging to someone other than the intended Contact, and stop messaging it.

5.11 Loyalty programs. If the Customer runs a loyalty or rewards program through the Services, it is the issuer of that program. It is responsible for the program terms, disclosures, and expiration practices and their compliance with applicable law. The Customer will not sell points or allow them to be purchased, and it will not seed balances that represent amounts a Contact paid for.

5.12 Minors and sensitive categories. It will not knowingly send Marketing Communications to individuals under 18, or send Communications that require age-gating or special consent without the controls the law and Carrier Requirements require.

6. Prohibited conduct

The Customer will not, and will not permit anyone to:

  • (a) circumvent, disable, test the limits of, or interfere with any Guardrail;
  • (b) mislabel a Marketing Communication as a Transactional Communication;
  • (c) spoof, falsify, or conceal caller ID or sender information;
  • (d) use number pools, "snowshoeing", or rotating numbers to avoid filtering or blocking;
  • (e) send Communications for any third party, or resell the Services, without Keeplooped's written consent;
  • (f) use the Services for lead generation, list building, or sending to Contacts obtained from any third party;
  • (g) use public URL shorteners in text messages; or
  • (h) use the Services in any way that exposes Keeplooped to liability under the Communications Laws or Carrier Requirements.

7. No legal advice

7.1 Keeplooped does not provide legal advice. Help articles, in-product explanations, templates, disclosure language, Guardrails, compliance checklists, and support communications are general information. They do not create an attorney-client relationship or any duty of care, and they are not a substitute for the Customer's own legal counsel.

7.2 The Customer is solely responsible for deciding whether its Communications practices comply with the Communications Laws. The Customer should consult its own counsel.

8. Guardrails

8.1 Purpose. Keeplooped may, at its discretion, build Guardrails into the Services. These may include:

  • quiet-hours restrictions based on the strictest applicable jurisdiction;
  • frequency caps;
  • consent-scope checks that block Marketing Communications to Contacts without a qualifying Consent Record;
  • automatic opt-out processing;
  • content scanning and classification warnings;
  • required disclosure text; and
  • locked consent components.

8.2 Guardrails are risk tools, not guarantees. Guardrails are designed to reduce risk. They do not guarantee that any Communication complies with the Communications Laws or Carrier Requirements. The Communications Laws change frequently and depend on facts that Keeplooped does not know and cannot verify. Keeplooped does not undertake to monitor, detect, or prevent every non-compliant Communication. The existence, design, operation, change, or failure of any Guardrail does not create any duty to the Customer or to any Contact, and does not shift responsibility from the Customer to Keeplooped.

8.3 Guardrails may block, delay, or drop Communications. Guardrails may block, delay, reschedule (in line with the Customer's chosen settings), or cancel Communications. Where a Transactional Communication would be delivered after the event it relates to has passed, it may be dropped. Some Guardrails cannot be turned off or loosened by the Customer, or by anyone else. Keeplooped is not liable for any Communication that is blocked, delayed, or dropped by a Guardrail, or for any business loss that results.

8.4 Changes. Keeplooped may add, change, tighten, or remove Guardrails at any time, including to respond to changes in the Communications Laws or Carrier Requirements, without liability. Keeplooped will try to give reasonable notice of material changes where practical.

9. Carriers and delivery

9.1 Communications are delivered by third-party carriers, aggregators, and providers that Keeplooped does not control. Keeplooped does not guarantee delivery, delivery time, or throughput, and it is not responsible for filtering, blocking, or delays caused by any third party.

9.2 Fees and fines. The Customer will pay, or reimburse Keeplooped for, all registration fees, carrier surcharges, pass-through fees, and non-compliance fines or penalties assessed by any carrier, aggregator, registry, or provider as a result of the Customer's Communications, content, registration information, or conduct. Keeplooped may charge these amounts to the Customer's payment method on file.

10. Monitoring, suspension, and termination

10.1 Monitoring. Keeplooped may, but is not required to, monitor Communications metadata, opt-out and complaint rates, content, and Consent Records to protect the Services, comply with the law and Carrier Requirements, and enforce these Compliance Terms.

10.2 Suspension. Keeplooped may immediately, without prior notice or liability, suspend or limit all or part of the Customer's ability to send Communications (including marketing only, a campaign, a Location, a number, or the whole Account) if Keeplooped reasonably believes that:

  • (a) the Customer has breached or may breach these Compliance Terms;
  • (b) a Communication may violate the Communications Laws or Carrier Requirements;
  • (c) a carrier, aggregator, registry, regulator, or law-enforcement authority has made a complaint, inquiry, request, or finding;
  • (d) the Customer's opt-out, complaint, or error rates are abnormally high; or
  • (e) suspension is necessary to protect Keeplooped, its other customers, Contacts, or the Services.

10.3 Conditions for reinstatement. Keeplooped may require the Customer, as a condition of reinstatement, to:

  • provide evidence of Consent;
  • re-attest to its practices;
  • remove Contacts;
  • reconfirm Consent with affected Contacts; or
  • change its content or campaigns.

10.4 Termination. Keeplooped may terminate the Agreement, or the Customer's access to Communications features, for repeated, material, or intentional breach of these Compliance Terms.

10.5 Fees paid are not refundable because of a suspension or termination under this Section 10, and Keeplooped has no liability for either.

11. Records, cooperation, and legal process

11.1 Retention. The Customer agrees that Keeplooped may retain Communications logs, content, delivery records, Consent Records, revocation records, attestations, configuration histories, and Guardrail decision logs for at least five (5) years after the Communication or record is created. This applies even after the Agreement ends. Keeplooped retains these records to comply with the law, defend claims, and cooperate with carriers and authorities.

11.2 Customer records. The Customer will maintain its own records of Consent obtained outside the Services (including paper forms, signage, and scripts) for at least five (5) years. It will produce them to Keeplooped within five (5) business days of request.

11.3 Disclosure. Keeplooped may disclose Communications and Consent records to carriers, aggregators, registries, regulators, courts, and law enforcement, and use them in defending any claim against Keeplooped, as Keeplooped reasonably considers necessary. This disclosure is permitted notwithstanding any confidentiality or data-processing term of the Agreement.

11.4 Notice of claims. The Customer will notify Keeplooped in writing within five (5) business days after it receives any demand letter, complaint, lawsuit, arbitration demand, regulatory inquiry, carrier complaint, or subpoena that concerns Communications sent through the Services. The Customer will cooperate fully with Keeplooped's investigation and defense.

12. Indemnification

12.1 Customer indemnity. The Customer will defend, indemnify, and hold harmless Keeplooped, its affiliates, and their officers, directors, employees, contractors, and agents from and against all claims, demands, suits, arbitrations, investigations, and proceedings (including individual, class, mass, and representative actions, and actions by regulators, attorneys general, carriers, and aggregators), and all resulting losses, damages, statutory damages, penalties, fines, settlements, judgments, and costs (including reasonable attorneys' and experts' fees), that arise out of or relate to:

  • (a) any Communication sent or attempted through the Customer's Account;
  • (b) any Consent Record, attestation, import, classification, or other statement by the Customer or any Authorized User, including Consent submitted through an API key under Section 4.10;
  • (c) the Customer's actual or alleged breach of these Compliance Terms or violation of the Communications Laws or Carrier Requirements;
  • (d) the Customer's content, including adopted templates and AI-assisted content; or
  • (e) the Customer's loyalty or rewards program.

12.2 Procedure. Keeplooped will notify the Customer of any claim for which it seeks indemnity. A delay in notice relieves the Customer only to the extent the delay materially prejudices it. The Customer will control the defense with counsel reasonably acceptable to Keeplooped, except that:

  • (a) Keeplooped may participate with its own counsel at its own expense;
  • (b) Keeplooped may take over its own defense at the Customer's expense if the Customer fails to defend promptly, or if there is a conflict of interest; and
  • (c) the Customer will not settle any claim in a way that imposes any obligation or admission on Keeplooped, or does not fully release Keeplooped, without Keeplooped's prior written consent.

12.3 Independent obligation. The Customer's obligations under this Section 12 are not limited by Keeplooped's Guardrails, by any failure of a Guardrail, or by any Keeplooped template, sample, or statement. They are not subject to any limitation of liability or damages cap in the Agreement.

13. Limitation of Keeplooped's liability for Communications

13.1 Keeplooped has no liability to the Customer for any claim arising out of the content, recipients, timing, frequency, legality, or Consent basis of any Communication, or out of any action Keeplooped takes under Sections 8, 9, or 10.

13.2 In all other cases, Keeplooped's total liability relating to Communications is subject to the limitation of liability in section 11 of the Terms of Service.

13.3 The exclusions and limitations in this Section 13 do not limit the Customer's obligations under Sections 9.2 and 12, which are uncapped.

14. Keeplooped's communications to you

By providing a mobile number or email address in connection with the Account, each Authorized User agrees to receive account, security, billing, and service Communications from Keeplooped. Keeplooped will send marketing Communications to an Authorized User only with that user's separate consent. Authorized Users may opt out of marketing at any time.

15. Changes in law

If a change in the Communications Laws or Carrier Requirements (including new FCC rules on revocation of consent or quiet hours, or new state laws) requires a change to the Services, Keeplooped may make it without liability, including by changing how revocations are applied or how Communications are classified. Where the change affects the Customer's obligations, Keeplooped may update these Compliance Terms under section 12 of the Terms of Service.

16. Survival

Sections 3, 4.1, 4.6, 7, 8.2, 8.3, 9.2, 11, 12, 13, and 16 survive the expiration or termination of the Agreement.

Schedule A: Minimum SMS Program Terms

Published by Keeplooped for each Customer and shown in the Customer's name. Text in [brackets] is filled in with each Customer's details.

[Business name] Text Messaging Terms

Program. [Business name] ("we") sends text messages about your bookings and appointments. If you opt in, we also send messages about openings, offers, and news. Transactional messages are sent to support the services you booked. Marketing messages are sent only if you agree, and agreeing is never a condition of booking or purchase.

Frequency. Marketing messages: up to 4 per month. Transactional messages vary with your bookings.

Cost. Message and data rates may apply.

Opt out. Reply STOP to stop all messages. You can also tell us in person, by phone, or by email at [email]. Reply START to get booking and service messages again; marketing restarts only if you opt in again.

Help. Reply HELP, or contact [phone] / [email].

Hours. We don't send marketing messages at night or at other times restricted by the law where you live.

Carriers. Carriers are not liable for delayed or undelivered messages.

Privacy. See [Business name]'s privacy policy at [link]. We don't sell or share your mobile number with other businesses for their marketing.

Sender. Messages are sent by [Business legal name] using the Keeplooped platform.

Schedule B: Prohibited Content and Uses

  1. Content that is illegal, fraudulent, deceptive, or misleading, or that impersonates any person or business.
  2. Sex, hate, alcohol, firearms, tobacco, or cannabis/CBD content (SHAFT-C), unless the Customer's campaign has been approved for it and uses the age-gating Carrier Requirements demand.
  3. High-risk financial offers (payday loans, debt relief, credit repair), gambling, sweepstakes, "get rich" schemes, and lead-generation or affiliate marketing.
  4. Phishing, malware, public URL shorteners, or links that hide their destination.
  5. Messages to Contacts obtained from third parties or public sources, or to randomly or sequentially generated numbers.
  6. Political, charitable, or debt-collection Communications, unless Keeplooped has approved them in writing and the Customer complies with the specific laws that apply to them.
  7. Communications to emergency lines, healthcare-facility patient lines, or numbers that belong to someone other than the Contact who consented.
  8. Any Communication designed to evade carrier filtering, blocking, or registration.