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Messaging Terms of Use

Messaging Terms of Use

Last updated and effective as of 10/29/2025.

Paytronix seeks to maintain a strong reputation as a messaging service provider, where messaging includes email, SMS, and push notifications, so that all users continue to enjoy uninterrupted messaging delivery services. In order to maintain such a position, Paytronix requires that all users deploying campaigns with the Paytronix messaging tool (“Messaging Client”) abide by the following terms of use. Paytronix reserves the right to disable Messaging Client’s access to its messaging system at any time if Paytronix believes any of the terms below have been violated by any Messaging Client’s users.

• 1. Message Sending Requirements:
  • 1.1. Messaging Client shall operate their messaging programs in compliance with the CAN-SPAM Act of 2003.
  • 1.2. Messaging Client will not send unsolicited messages.
  • 1.3. Messaging Client will not send messages to recipients who have opted out of receiving messages.
  • 1.4. Messaging Client will not access or otherwise use third-party mailing lists or send messages to people who have not explicitly opted in to receive messages from the Messaging Client.
  • 1.5. If Messaging Client is using multiple platforms to deliver messages, they will maintain the unsubscribe status of records across all platforms.
  • 1.6. Messaging Client will follow the CTIA Best Practices for mobile messages found here: https://api.ctia.org/wp-content/uploads/2019/07/190719-CTIA-Messaging-Principles-and-Best-Practices-FINAL.pdf
• 2. Required Email Content:

          Messaging Client will include the following items in each email deployed from the Paytronix system:

• • 2.1. A valid physical address for the Messaging Client’s corporate headquarters.
  • 2.2. A Paytronix-enabled unsubscribe link that enables the recipient to unsubscribe from the Messaging Client’s future emails.
  • 2.3. A link to the Messaging Client’s corporate Privacy Policy.
  • 2.4. Content that is conducive and expected from a consumer facing business such as special promotions, menu/product introductions, event announcements, communications regarding loyalty rewards program, or similarly appropriate messaging.
• 3. Prohibited Content:

           Messaging Client will not use Paytronix to send anything offensive, to promote anything illegal, or to harass anyone. Messaging Client may not send:

• • 3.1. Unsolicited commercial messages
  • 3.2. Campaigns offering to sell illegal goods or services
  • 3.3. Messages that violate CAN-SPAM Laws
  • 3.4. Pornography/sexually explicit content
  • 3.5. Subject lines that include characters designed to hide the SPAM-like nature of the subject, or words that could be construed as sexual in nature.
  • 3.6. Content related to alcohol to those deemed underage by laws applicable to the Messaging Client
  • 3.7. Content related to nicotine products to those deemed underage by laws applicable to the Messaging Client
  • 3.8. Content that the Messaging Client does not have the legal rights to use
  • 3.9. Any misleading or incorrect names, addresses, email addresses, subject lines, or other information in the Paytronix service or in any campaigns created, managed or sent using the Paytronix platform.
  • 3.10. A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in Paytronix’s sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
  • 3.11. Hateful Content. This means any statement, image, photograph, advertisement, or other content that in Paytronix’s sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, veteran status, religious affiliation, age, disability, disease, or immigration status.
• 4. Fair Use Policy
  • 4.1. Fair Use Allocation. Messaging Client's use of the Paytronix messaging platform is subject to a fair use allocation designed to support reasonable business messaging while maintaining system capacity and service quality for all clients.
  • 4.2. Fair Use Limit Defined. Unless otherwise specified in the applicable Order Form or Statement of Work, the fair use limit is calculated as follows: Fair Use Limit = Number of Subscribers x 12
  • Where:
    • a) "Subscriber" means an opted-in member to messaging in the Paytronix platform.
    • b) The fair use limit applies on a pooled basis across all Subscribers.
    • c) A "Billing Period" is one calendar month unless otherwise specified in your Order Form.
    • d) The Fair Use Limit applies per Billing Period.
  • 4.3. Scope of Fair Use Limit. Unless otherwise set out in the Order Form, the fair use limit includes all messages sent through the Paytronix messaging platform. For the avoidance of doubt, SMS messages are excluded from the fair use limit and remain subject to separate pricing and terms as specified in your Order Form.
  • 4.4. Exceeding Fair Use Limit. If Messaging Client exceeds the fair use limit, Paytronix reserves the right to invoice Messaging Client for Messaging Incremental Fees in accordance with the pricing structure set forth in the applicable Order Form and:
    • 4.4.1. Adjust Messaging Client's pricing tier to reflect actual usage patterns, effective from the start of the next Billing Period; or
    • 4.4.2. Increase the applicable fees.
  • 4.5. Paytronix will provide written notice of exceeded Fair Use (which may be by email to the primary account contact) when Messaging Client exceeds the fair use limit in any Billing Period. Such notice will include:
    • 4.5.1. The Billing Period(s) in which the fair use limit was exceeded;
    • 4.5.2. The actual usage volume; and
    • 4.5.3. Information about tier adjustment or fee increases (if applicable).
    • 4.5.4. Confirm the date from which any fee adjustments will be applied.
    • 4.5.5. Should the Messaging Client wish to discuss the actual volume usage or fee adjustments, please reach out to your account manager or customer success manager
  • 4.6. System Capacity Protection. Notwithstanding any other provision in these Terms of Use, Paytronix reserves the right to implement reasonable technical measures to protect system capacity and service quality for all clients. If Messaging Client's usage patterns threaten system stability or negatively impacts service delivery to other clients, Paytronix may temporarily, suspend, or restrict messaging volumes after providing reasonable notice to Messaging Client, except in cases of emergency where immediate action is required to protect the platform.
  • 4.7. No Waiver. Paytronix's failure to enforce the fair use limit in any particular instance shall not constitute a waiver of Paytronix's right to enforce the fair use limit in future instances or a modification of these terms.
• 5. Legal Compliance
  • Messaging Client represents and warrants that their use of the Paytronix service will comply with all applicable laws and regulations. Messaging Client is responsible for determining whether the Paytronix service is suitable for their use in light of the Messaging Client’s obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (“EU Data Privacy Laws”), The California Consumer Privacy Act of 2018, United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If Messaging Client is subject to regulations (like HIPAA), then Paytronix is not liable if the Service does not meet those requirements. Messaging Client may not use the Paytronix service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or any other applicable laws.
• 6. Paytronix reserves the right to prohibit the use of its email system by any company or site at its sole discretion.
• 7. Paytronix reserves the right to change or modify this statement at any time. Continued use of the Paytronix messaging platform following any such changes constitutes acceptance of the modified terms.

Please direct your questions to:

support@paytronix.com

Paytronix Systems, Inc.

275 Grove Street

2-400

Newton, MA 02466

617-649-3300x5