SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
To stay compliant with regulations and avoid potential legal issues, we strongly recommend updating your Shopify store's Terms of Service per this article.
You can simply copy each section below and paste it into the corresponding section within your Terms of Service.
Section 1: Updated Program Description (Replace existing opening paragraph)
We are offering an SMS/MMS mobile messaging program (the 'Program'), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the 'Agreement'). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the 'Dispute Resolution' section below. The Program uses artificial intelligence ('AI') technology to generate personalized messages, product recommendations, and conversational responses. Some or all messages you receive through the Program may be composed, in whole or in part, by AI systems rather than human agents.
Section 2: New "AI-Powered Messaging" Section (Insert after Program Description)
AI-Powered Messaging. Messages you receive through the Program may be generated using artificial intelligence and machine learning technology. This means that some messages, including product recommendations, promotional offers, and conversational responses, are created by AI systems rather than written by a human. You acknowledge and agree that:
(a) AI-generated messages may contain inaccuracies. While we strive to provide helpful and accurate information, AI-generated messages may include errors regarding product details, pricing, availability, promotions, or other information. You should independently verify any product information, pricing, or promotional offers before making a purchase decision.
(b) AI responses are not professional advice. AI-generated messages do not constitute professional, legal, medical, financial, or other expert advice.
(c) Your conversations may be processed by AI. When you reply to messages or engage in conversations through the Program, your responses may be processed by AI systems to generate relevant replies. Your message content, purchase history, and browsing activity may be used by AI systems to personalize your experience.
(d) You may request human assistance. If at any time you prefer to interact with a human representative rather than an AI system, you may request human assistance by contacting us at [CONTACT METHOD].
Section 3: Updated Consent Language (Replace existing opt-in paragraph)
By participating in the Program, you agree to receive recurring automated marketing mobile messages, including AI-generated content, personalized product recommendations, and conversational AI responses, at the phone number associated with your opt-in. You understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer and/or AI-generated content, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ('ATDS' or 'autodialer'). You specifically consent to receiving messages where the content is generated, in whole or in part, by artificial intelligence systems.
Section 4: New "Data and AI" Section (Insert before Privacy section)
Data Use for AI Personalization. To provide you with personalized messages and recommendations through the Program, we may use information including your purchase history, browsing activity, product preferences, and prior message interactions. This information may be processed by AI systems, including third-party AI service providers, to generate relevant and personalized communications. We do not sell your personal information to third parties. Our AI service providers are contractually prohibited from using your personal information to train their general-purpose AI models.
Section 5: New "Limitation of Liability for AI Content" Section
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO: (A) INACCURACIES, ERRORS, OR OMISSIONS IN AI-GENERATED MESSAGES, INCLUDING INCORRECT PRODUCT INFORMATION, PRICING, OR AVAILABILITY; (B) ANY DECISION YOU MAKE BASED ON AI-GENERATED CONTENT; (C) ANY PRODUCT RECOMMENDATION GENERATED BY AI SYSTEMS; OR (D) THE PERFORMANCE, RELIABILITY, OR AVAILABILITY OF AI FEATURES. THE PROGRAM AND ALL AI-GENERATED CONTENT ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND.
Section 6: Updated Checkout Opt-In Language
Replace the current recommended checkout opt-in language with:
"I agree to receive recurring automated marketing text messages (e.g., cart reminders, AI-generated content, personalized recommendations) at the phone number provided. Consent is not a condition to purchase. May include AI-generated content. Msg & Data rates may apply. Msg frequency varies. Reply HELP for help and STOP to cancel. View our Terms of Service and Privacy Policy."
💡Tip:
Still have questions?
Please feel free to reach out to our wonderful Support team at support@txtcart.ai or via Live Chat.