Treat
Communications & Messaging Terms
These Communications & Messaging Terms ("Communications Terms") supplement the Treat Subscription Services Agreement (the "Agreement") and apply to your use of Treat's phone, text messaging, voicemail, and fax services (the "Communications Services"). Capitalized terms have the meanings given in the Agreement. If these Communications Terms conflict with the Agreement, these Communications Terms control as to the Communications Services.
1. The Communications Services
Treat provides Voice over Internet Protocol (VoIP) telephony, SMS and MMS messaging, voicemail, call recording, and fax through third-party telecommunications carriers and platforms ("Carriers"). Features are configured by Treat and depend on the Carrier, your numbers, your internet connection, and your equipment. Treat may change Carriers or features at any time.
2. Your Consent Obligations
2.1 You control every outbound communication. You decide who is contacted, when, and with what content, including automated reminders, campaigns, and AI-generated messages you enable. Treat sends communications only at your direction, as your service provider.
2.2 Required consents. You represent and warrant that, before any call, text, or fax is sent through the Services to a recipient, you have obtained and documented every consent Applicable Law requires from that recipient, including under the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act, state telemarketing and mini-TCPA laws, and the CTIA Messaging Principles and Best Practices. Prior express written consent is required for marketing texts and calls. You will send messages only to recipients who have opted in and expect to hear from you.
2.3 Proof of consent. On Treat's request you will produce your consent records within five (5) business days. Treat may suspend messaging for any number, campaign, or account that generates complaints, high opt-out rates, Carrier violations, or that lacks documented consent.
2.4 Content is yours. You are solely responsible for the content of every communication, including its accuracy, its compliance with HIPAA minimum-necessary standards, and its suitability for the recipient. Do not send clinical detail, diagnoses, or treatment information by text unless the recipient has agreed to receive it that way.
3. Opt-Outs and STOP
Every recipient may opt out at any time. The Services honor standard keywords (STOP, UNSUBSCRIBE, CANCEL, END, QUIT) and Treat will suppress further messages to a number that opts out. You will honor opt-outs received through any other channel (in person, by phone, in writing) by updating the recipient's preferences in the Services immediately. You will not attempt to message a number that has opted out except a single confirmation of the opt-out, or to re-establish consent as Applicable Law permits.
4. Carrier Registration and Compliance
Application-to-person (A2P) messaging in the United States requires brand and campaign registration ("10DLC"). You authorize Treat to register your brand and campaigns with Carriers and registries on your behalf and to submit information about your practice for that purpose. You will provide accurate registration information and use case descriptions and will keep them current. Carrier fees, registration fees, and per-message surcharges are your responsibility. Carriers may filter, delay, or block messages at their discretion; Treat does not control Carrier filtering and does not guarantee delivery.
5. Prohibited Uses
You will not use the Communications Services to: send unsolicited commercial messages; send content that is deceptive, defamatory, obscene, or that violates any person's rights; spoof caller ID or sender identity; send messages involving SHAFT categories (sex, hate, alcohol, firearms, tobacco) or other content Carriers prohibit; conduct autodialed or prerecorded calls without the consents Applicable Law requires; or exceed volumes Treat or Carriers have approved. Treat may terminate the Communications Services immediately for prohibited use.
6. Call Recording and Transcription
When you enable call recording or voicemail transcription, the Services may record and transcribe every call on the configured lines. Recording and transcription laws vary by state, and several states require the consent of all parties. You are solely responsible for determining which laws apply to you and your callers, for obtaining every required consent, for providing any required notice or announcement, and for disabling recording where you cannot comply. Treat provides recording as a tool and makes no representation that any recording is lawful in your jurisdiction. Recordings and transcripts are Customer Data and, where they contain PHI, are governed by the BAA.
7. Phone Numbers and Porting
7.1 Numbers. Treat may assign you new numbers or port your existing numbers to a Carrier. You do not own numbers Treat assigns, and Treat may reclaim or change them with notice where a Carrier or regulator requires. You must have authority to port any number you request.
7.2 Porting in. Porting depends on your current carrier and on the accuracy of the information you provide. Treat is not responsible for delays, rejections, or loss of service during a port caused by your current carrier or by inaccurate information.
7.3 Porting out. You may port your numbers away from Treat when your account is in good standing and all fees are paid. Treat will not unreasonably delay a valid port-out request. Numbers not ported within thirty (30) days after termination may be released.
7.4 Caller ID and STIR/SHAKEN. You will not transmit misleading caller identification. You authorize Treat and Carriers to attest your calls and to respond to industry traceback requests concerning traffic from your account.
8. Emergency Calling (911) Limitations
READ THIS SECTION CAREFULLY. VoIP 911 SERVICE DIFFERS FROM TRADITIONAL 911.
8.1 How it works. 911 calls placed through the Communications Services are routed using the registered service address on file for the calling line. If you call from a different location, the dispatcher may receive the wrong address. You must register an accurate address for every location and device and update it before use at a new location.
8.2 Limitations. 911 may not work if: your internet connection or power fails; your account is suspended or terminated; you use the Services from a location other than the registered address; there is network congestion or a Carrier outage; or you use a mobile app or softphone. Dispatchers may not receive your callback number or location automatically.
8.3 Notice to Users. You will inform every User and every person who may place calls from your premises of these limitations, will place the warning labels Treat provides on or near each device, and will maintain an alternative means of reaching emergency services. Multi-location accounts will designate a contact reachable 24 hours a day for emergency-related notices.
8.4 Release. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE TREAT AND ITS CARRIERS FROM ALL LIABILITY ARISING FROM THE UNAVAILABILITY, FAILURE, DELAY, OR MISROUTING OF 911 OR OTHER EMERGENCY SERVICES, INCLUDING DEATH OR PERSONAL INJURY, AND FROM THE CONDUCT OF ANY EMERGENCY RESPONDER. You will indemnify Treat for claims arising from an inaccurate registered address, from your failure to notify Users of these limitations, or from any User's inability to reach emergency services.
9. Fax
Fax through the Services is transmitted over the internet and stored electronically. You are responsible for confirming receipt of any time-sensitive fax and for compliance with laws governing fax advertising, including the Junk Fax Prevention Act.
10. Service Availability
The Communications Services depend on your internet connection, power, equipment, and third-party Carriers, none of which Treat controls. Treat does not guarantee uninterrupted service, message delivery, call quality, or the availability of any Carrier. Treat will use commercially reasonable efforts to restore service after an outage within its control. Treat is not liable for outages caused by Carriers, your connection, your equipment, or force majeure.
11. Account Security and Toll Fraud
You are responsible for securing every device, softphone, credential, and extension on your account. You are responsible for all usage charges on your account, including charges from unauthorized use, international calling, and toll fraud, unless caused by Treat's gross negligence or willful misconduct. Treat may suspend service or restrict calling patterns without notice when it detects activity that appears fraudulent or abusive.
12. Suspension
In addition to its rights under the Agreement, Treat may suspend the Communications Services immediately, without liability, when it reasonably believes your use violates these Communications Terms, Carrier rules, or Applicable Law; generates complaints or Carrier enforcement; or presents a risk to Treat, its Carriers, or others.
13. Disclaimer and Indemnification
13.1 Disclaimer. THE COMMUNICATIONS SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TREAT DOES NOT WARRANT THAT ANY COMMUNICATION WILL BE DELIVERED, RECEIVED, RECORDED, OR TRANSCRIBED ACCURATELY, OR THAT YOUR USE OF THE COMMUNICATIONS SERVICES WILL COMPLY WITH APPLICABLE LAW.
13.2 Indemnification. In addition to your obligations under the Agreement, you will defend, indemnify, and hold harmless Treat, its affiliates, and its Carriers from all claims, damages, fines, penalties, statutory damages, and costs, including reasonable attorneys' fees, arising from: any communication sent through your account; any failure to obtain or document a required consent; any violation of the TCPA, CAN-SPAM, state telemarketing, call-recording, or anti-spam law; any Carrier fine or penalty attributable to your traffic; and any 911-related claim described in Section 8.
13.3 Liability. The limitations of liability in the Agreement apply to the Communications Services. TCPA claims can carry statutory damages of $500 to $1,500 per message or call; you acknowledge that this exposure arises from your consent practices, which Treat does not control.
