Communications Terms

Schedule C to the Scene Lead Master Services Agreement · Pilot Version 1.3.0

These terms are Schedule C to the Pilot Terms of Service, also called the Scene Lead Master Services Agreement (the "Agreement") and apply when your Studio turns on email delivery or texting. "We" and "us" mean Cyriac Labs, LLC. You will be asked to accept them when you turn on email or texting; if your Studio accepted an earlier version, you will be asked to accept this one.

1. Sending is off until you turn it on

Nothing is emailed or texted to your customers until your Studio turns sending on. (Setting up texting sends your business details to Twilio for carrier registration, and an owner can send a fixed test text to a number they choose before texting is on.) Until then, the Service composes and records messages but delivers nothing externally. When a customer pays through the Service's Stripe checkout, Stripe sends them its own receipt; that is Stripe's email, not a message from the Service.

2. How messages are sent, and whose they are

• Email is sent on your Studio's behalf by the Service's email delivery provider (Resend), from "your Studio's name via Scene Lead", with replies going to the reply-to address you give when you turn email on.
• SMS is sent on your Studio's behalf through the text-message provider account we hold (Twilio). Your Studio's texting uses its own subaccount, messaging service and phone number within that account, which we set up and manage. Every text except an owner's test text starts with your texting program's name.
• What is sent. Texts and emails are operational, for example registration confirmations, a reminder before a first class, class cancellations, changes and notices to a class, waitlist openings, and, for texts, one-to-one replies your staff send to a person who has texted your Studio's number and has not opted out. The Service does not deliver marketing or promotional campaigns by email or by text; campaign tools in the Service record drafts that are not sent. Replies to incoming texts: the Service also answers a text a person sends to your Studio's number — confirming STOP, START and similar keywords, answering HELP with your support contact, and, only if your Studio turns it on, one automatic reply per number per 24 hours saying the number is not monitored.
• You are the sender. The messages are yours: they go to your recipients about your registrations, waitlists, classes, events and bookings, and your Studio is the sender and initiator for legal purposes, including under the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act and state telemarketing, messaging and privacy laws. You are responsible for the content of messages your staff write.

3. Consent and opt-outs — your obligations

• You must have the consent the law requires before messaging a person.
• For automated texts, consent is given on the Service's registration form. When your Studio texts and a registrant gives a phone number, they must answer "Yes, text me" or "No, email only", with neither answer preselected; "No, email only" never prevents registration or payment. The Service records each answer with the exact wording shown. Only a person who answered Yes on the registration form, or who later texts START or UNSTOP to your Studio's number after any recorded opt-out (including a "No, email only" answer or an opt-out your staff recorded), is sent scheduled or operational texts (replies to a text the person sent are described in section 2). A person who replied STOP is texted again only after they reply START, UNSTOP or YES from that phone. Texting START, UNSTOP or YES when no opt-out is recorded does not create consent. Your staff can record that a person does not want texts, but cannot record that a person agreed to them, and you must not ask us to text anyone who did not agree in one of those ways.
• Replies to inbound texts. Staff replies under section 2 are sent only to a person who texted your Studio first and has not opted out. You are responsible for keeping replies conversational and responsive to what the person asked, and for not using replies to send marketing.
• Opt-outs are enforced on every future send: an SMS STOP reply, an email that bounces or is reported as spam, and a person your managers mark as not to be contacted each create a suppression that the Service applies to that address or number. Text consent and opt-outs are kept per Studio and phone number. When someone asks you to stop by any other route, you must mark them. You must not attempt to bypass suppressions.
• Identification: for email, the Service puts your Studio's name in the sender and a reply-to address that reaches you; for texts, the Service puts your program's name at the start of every text other than a test text, adds opt-out language, and answers HELP with the support contact you give. Texting cannot be turned on without a support contact.
• Quiet hours. A scheduled or queued text due during your Studio's quiet hours (by default 9 p.m. to 8 a.m. in your Studio's time zone, which you can change) waits until they end. Immediate replies to an incoming text (keyword confirmations, HELP answers, the automatic reply) and test texts are sent at once. Quiet hours are applied in your Studio's time zone, not the recipient's; you are responsible for setting quiet hours that comply with the laws that apply to your recipients.

4. Your texting program, its registration, and its published terms

• Registration. US application-to-person texting requires carrier registration tied to YOUR business identity. We submit that registration on your behalf, through our provider account, using the business information you give us; you must make sure that information is accurate and keep it current. Your texts are never registered under our business identity. Carrier decisions, throughput caps and filtering are outside our control, and a registration can be refused or delayed.
• SMS Terms and SMS Privacy Policy. From details you give, the Service writes SMS Terms and an SMS Privacy Policy for your texting program and publishes them, when you choose, at a public address of the Service. Each published version is kept unchanged and remains readable. They state, among other things, that no mobile information will be shared with third parties or affiliates for marketing or promotional purposes, and that text messaging originator opt-in data and consent will not be shared with any third parties. You must not make statements elsewhere that contradict them.

5. Costs, limits and records

We charge nothing for email or SMS unless an accepted version of this Schedule says otherwise. Email and texts have daily sending limits, per Studio and per recipient; a scheduled or queued message over a limit waits and is sent later rather than being dropped, while an immediate reply to an incoming text (other than a STOP or START confirmation, which is always sent) that is over a limit is not sent, and a test text over a limit is refused. If we introduce charges for communications (including passing on carrier registration or messaging fees), they will be described in an updated version of this Schedule requiring explicit acceptance for your Studio by its owner first, and they will never apply to messages sent before you accepted them. We keep a record of the email and texts sent for your Studio (how many, how many text segments, delivery results and any cost the provider reports) and of consent and opt-out events; these records are retained as evidence and are not automatically deleted.

6. Delivery is not guaranteed

Email and text delivery depends on providers, carriers, recipients' devices and settings. We do not guarantee that any message is delivered, delivered on time, or read, and the Service must not be your only way to give a notice that is safety-critical or legally required.

7. Suspension for abuse

Deliverability is shared infrastructure. We may pause sending for a Studio whose messages generate complaint, opt-out or bounce rates that threaten other studios, or that violate the Acceptable Use Policy, and we will tell you when we do.

8. Responsibility

Your indemnity in the Agreement covers claims about messages sent on your behalf, including TCPA and CAN-SPAM claims, and claims about the accuracy of the business information used to register your texting.