Gather Organizer SMS Agreement

This Organizer SMS Agreement applies when you use Gather to send, schedule, request, or approve text-message invitations, reminders, updates, RSVP messages, or other event-related communications to guests or invitees.

By using Gather’s text-message features, checking an SMS permission box, uploading or entering recipient phone numbers, or asking Gather to send texts on your behalf, you agree to this Agreement.

1. Texts Sent on Your Behalf

When you provide phone numbers or ask Gather to send text messages to invitees, you are directing Gather to send those messages on your behalf as the event organizer, host, or sender of the communication.

You are responsible for the recipient list, the event, the message content, and your decision to contact each recipient by text message.

2. Permission to Contact Recipients

You represent and warrant that you personally know, or otherwise have a lawful relationship with, each recipient you ask Gather to text.

You further represent and warrant that you have all permissions, consents, approvals, and legal rights required to contact each recipient by text message about your gathering, including through Gather’s service.

You may not provide, upload, import, or use any phone number unless you have permission to use that number for the message you are asking Gather to send.

3. Legal Compliance

You are responsible for complying with all laws, rules, regulations, and industry requirements that apply to your text messages, recipient list, event, and use of Gather’s SMS features.

This includes, where applicable, the Telephone Consumer Protection Act (TCPA), state law equivalents, privacy laws, consumer protection laws, telemarketing laws, advertising laws, carrier messaging rules, and platform messaging policies.

If your event, message, organization, or purpose could be considered commercial, promotional, fundraising, political, marketing, or otherwise regulated, you are solely responsible for confirming that you have the level of consent required before sending any text message through Gather.

4. Recipient Data and Message Content

You are responsible for the accuracy and lawful use of all phone numbers, names, guest information, event details, links, images, descriptions, and other content you provide to Gather.

You represent and warrant that your recipient data and message content do not violate anyone’s privacy, publicity, intellectual property, contractual, or other legal rights.

You may not use Gather to send misleading, unauthorized, unlawful, or harmful messages.

5. Prohibited SMS Content and Abusive Sending

You may not use Gather’s text-message features, or ask Gather to send text messages on your behalf, for any message, event, invitation, reminder, update, or other communication that:

1. is unsolicited, unauthorized, deceptive, misleading, or sent without the recipient’s required consent or permission;
2. violates, or would cause Gather to violate, any applicable law, rule, regulation, carrier policy, messaging policy, or platform requirement;
3. promotes, offers, or facilitates illegal activity, fraud, harassment, threats, discrimination, hate, exploitation, or content that is defamatory, obscene, invasive of privacy, or otherwise unlawful;
4. promotes regulated or restricted goods, services, or activities, including cannabis, prescription medication, alcohol, tobacco, firearms, gambling, adult content, or similar age-restricted or location-restricted content, unless you have confirmed that the message, recipient list, event, and sending method are fully lawful and permitted by applicable carrier and platform rules;
5. includes spam, junk messages, chain messages, pyramid schemes, unauthorized advertising, bulk solicitation, or commercial promotion not expressly authorized by Gather;
6. is designed to evade filtering, abuse detection, opt-out detection, carrier review, sending limits, or recipient protections, including by using misleading wording, intentional misspellings, non-standard opt-out language, link obfuscation, multiple accounts, multiple phone numbers, or similar avoidance tactics; or
7. could reasonably expose Gather, its service providers, carriers, users, invitees, or recipients to legal, regulatory, reputational, operational, or security risk.

Gather may review, delay, block, remove, limit, or decline to send any text message or related event communication that Gather believes may violate this Agreement, applicable law, carrier or platform requirements, or recipient protections.

6. Opt-Outs and Revocation

Recipients may opt out of receiving text messages through Gather, including by replying STOP or using any other opt-out method Gather makes available.

You agree not to attempt to override, avoid, or interfere with any opt-out, unsubscribe, revocation, block, suppression list, or recipient preference maintained by Gather.

If a recipient tells you directly that they do not want to receive text messages, you agree not to ask Gather to text that recipient again unless you have confirmed that the recipient has lawfully opted back in.

7. Per-Send Attestation

Before Gather sends text messages to invitees, Gather may require you to confirm that you have permission to text those recipients.

Your confirmation may be recorded and associated with your account, gathering, recipient list, phone numbers, timestamp, IP address, and the version of this Agreement or checkbox language shown to you.

You agree that each confirmation is a material representation by you that Gather may rely on when sending text messages on your behalf.

8. Gather’s Rights and Remedies

Gather may suspend or terminate your access to text-message features, block or remove messages, limit sending volume, preserve records, cooperate with carriers, vendors, regulators, or law enforcement, and take any other action Gather reasonably believes is necessary to protect recipients, Gather, its service providers, or the messaging ecosystem.

Gather is not responsible for delayed, blocked, filtered, failed, or undelivered text messages.

9. Indemnification

You agree to defend, indemnify, and hold harmless Gather, its affiliates, service providers, vendors, officers, directors, employees, contractors, agents, successors, and assigns from and against any claims, demands, complaints, investigations, liabilities, damages, penalties, fines, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

1. your use of Gather’s text-message features;
2. any phone numbers, recipient data, event information, or message content you provide;
3. any text messages sent, requested, scheduled, approved, or caused by you through Gather;
4. your failure to obtain required consent, permission, approval, or legal authority to contact a recipient;
5. your violation of the TCPA, any state law equivalent, privacy law, consumer protection law, telemarketing law, carrier policy, platform policy, or other applicable requirement;
6. any claim, complaint, opt-out dispute, spam report, carrier complaint, regulatory inquiry, or legal action brought by a recipient or other third party relating to messages sent on your behalf; or
7. your breach of this Agreement.

Gather may control the defense and settlement of any matter subject to indemnification, and you agree to cooperate with Gather in defending or resolving those matters.

10. Survival

Your responsibilities under this Agreement survive the sending of any text message, deletion of a gathering, closure of your account, termination of your access to Gather, or discontinuation of Gather’s text-message features.