Terms of Service & Acceptable Use Policy (AUP)

Xclutel, LLC – Terms of Service & Acceptable Use Policy (AUP) Last Updated: June 26, 2026

 

Welcome to Xclutel, LLC (“Xclutel,” “we,” “us,” or “our”). By activating an account, purchasing our software features, using our Application Programming Interfaces (APIs), or utilizing any of our messaging platforms (the “Services”), you (“Customer,” “you,” or “your”) agree to be bound by these Terms of Service. If you do not agree to these terms, you may not access or use our Services.

 

1. Provision of Messaging Services

Xclutel provides a communication platform that allows businesses to send and receive text messages (SMS/MMS). You acknowledge that your use of these features requires compliance with local, state, federal, and international regulations, as well as mobile network carrier requirements (including, but not limited to, CTIA guidelines and 10DLC registration protocols).

 

2. Mandatory Customer 10DLC Registration

You agree that you cannot send outbound A2P (Application-to-Person) traffic through Xclutel’s network until your Brand and Campaign registrations are officially approved by the Campaign Registry and downstream mobile carriers. You must provide Xclutel with accurate, verifiable corporate documentation (such as an EIN/Tax ID and legal DBA) to complete this registration.

 

3. Messaging Consent Requirements (Opt-In Compliance)

  • You are strictly prohibited from using Xclutel’s platform to send unsolicited messages.
  • Prior Express Written Consent: You must obtain explicit, documented consent from end-users before sending any marketing, promotional, or informational text messages.
  • Proof of Opt-In: You must maintain records of how and when end-users consented to receive messages. Xclutel reserves the right to request proof of opt-in for any campaign within twenty-four (24) hours of a carrier or regulatory audit. Failure to provide this proof will result in immediate service suspension.

 

4. Mandatory Message Disclosures (Opt-In & Opt-Out Flows)

  • Any consumer-facing digital form or system utilizing Xclutel’s software features to capture phone numbers must display compliant language.
  • The Consent Block: The form must clearly state: “By providing your number, you agree to receive text messages from [Your Business Name]. Message and data rates may apply. Message frequency varies. Reply STOP to opt out.
  • “Unchecked Checkboxes: Any online checkbox used to collect SMS consent must be unchecked by default.
  • Opt-Out Enforcements: All text campaigns must support automated keyword opt-outs. Your very first outbound message to an end-user must explicitly state: “Reply STOP to opt out” or “Text STOP to cancel”.

 

5. Prohibited Content and the “SHAFT” Rule

You agree not to utilize Xclutel’s platform, APIs, or software features to transmit, host, or propagate any content that is illegal, harmful, or prohibited by mobile network carriers. This includes, but is not limited to, the SHAFT categories and other restricted industries:

  • Sex, pornography, or adult-themed content.
  • Hate speech, harassment, discriminatory language, or threats of violence.
  • Alcohol marketing that lacks strict age-gating mechanisms. Firearms, ammunition, or weapons sales and marketing.
  • Tobacco, vaping, e-cigarettes, and any cannabis, CBD, or marijuana-related products (regardless of state legality).
  • High-Risk Financial Services: Debt collection, credit repair, loan marketing, cryptocurrency, or work-from-home multi-level marketing (MLM) schemes.
  • Gambling: Casino apps, sports betting, and unregulated sweepstakes.

 

 

6. Service Modification, Suspension, and Termination

Xclutel acts as a downstream provider to major telecommunications networks. If a mobile carrier flags your traffic as spam, issues a compliance violation, or if Xclutel determines that you have violated this Acceptable Use Policy, Xclutel reserves the right to:

  • Immediately suspend your API keys or user account access without prior notice.
  • Block specific phone numbers, campaigns, or outbound message routing.
  • Terminate your service agreement entirely if violations are not cured within forty-eight (48) hours of written notice.
  • Pass through any carrier-imposed fines or non-compliance penalties directly to your account balance.

 

 

7. Limitation of Liability

Xclutel does not guarantee message delivery speeds, network uptime, or absolute carrier delivery rates, as network processing depends entirely on third-party mobile operators.  Xclutel shall not be liable for any direct, indirect, incidental, or consequential damages resulting from carrier-imposed blocking, delayed campaigns, or registration rejections.