General Terms and Conditions

These terms and conditions govern the legal relationship between Message Owl and its Users.


Please read these terms and conditions carefully.


Any clause headings inserted into these terms and conditions have been inserted for convenience only and shall not be taken into account in interpreting the terms and conditions.

Words and expressions defined in any other part of these terms and conditions shall, for the purposes of that part, bear the meaning assigned to such words and expressions in that part.


Persons using the Console or the Services for any reason whatsoever bind themselves and agree to these terms and conditions.

Should a User not agree to all the terms and conditions of this agreement or be unable to comply with these terms and conditions, the User should immediately cease using the Console and/or terminate the registration process.

Message Owl reserves the right to refuse to accept and/or execute an order or request to do business or to render any Services without giving any reasons therefor. Message Owl also reserves the right to cancel orders in whole or in part in Message Owl's sole and absolute discretion.

Changes and Amendments

Message Owl expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in these terms and conditions or any information on the Console without prior notice and to update prices and rates quoted on its Console from time to time.

Users undertake to check the Console frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the Console and, in this regard, Users undertake to check, at a minimum, these terms and conditions for any alteration thereto, including in respect of the prices and nature of any Services, prior to the conclusion of each new credit purchase or service order in respect of the Services governed by these terms and conditions. Users should regularly verify which networks are covered by the Services. Changes may occur as to which networks are covered from time to time.

The Services

Message Owl shall make all reasonable endeavors to ensure uninterrupted and continued use of the Services, however the delivery of SMS messages is largely dependent on the effective functioning of Network Operators' cellular networks, network coverage and the SMS recipient's mobile handset. Message Owl does not and cannot guarantee the availability of any Service, the delivery of SMS messages or the compatibility between any message or content format and any particular mobile handsets or mobile operating systems.

Messages shall be deemed to have been delivered when Message Owl has sent the messages to the immediate destination that it is requested to send to, including, but not limited to, mobile telephone networks.

Message Owl shall have the right to withhold, terminate or suspend the provision of Services to the User at any time. Where this Agreement or the provision of any Service is terminated by Message Owl for any reason other than breach by the User or discontinuance of a Service by a Network Operator, Message Owl shall refund all monies already paid in advance by the User for any unused terminated Service.

All messages sent via Message Owl are standard rate programs and message and data rates may apply. There are no premium rate services.

Acceptable Usage

Users acknowledge and understand that Message Owl acts as a conduit for the provision of information and content. Users acknowledge that Message Owl shall not be responsible or liable for any content transmitted and that full responsibility for content shall rest on the User. Users shall observe all relevant legislation and regulations applicable in their jurisdiction and in the jurisdiction of all persons to whom they cause messages to be delivered. It shall be the sole responsibility of Users to familiarize themselves with all applicable laws, regulations and codes of conduct to which they may be subject and to ensure compliance therewith.

Users shall not do, nor omit to do, anything that would result, directly or indirectly, in any breach by Message Owl or by the User of any requirement or provision of any applicable legislation, regulations, code of conduct or network usage policies, failing which Message Owl shall be entitled to immediately suspend or terminate the provision of Services to the User and the User shall have no claim of any nature against Message Owl.

Users shall not permit, do, nor omit to do, anything which might have the effect of prejudicing or impeding the legitimate activities, interests or goodwill of Message Owl nor any Network Operator.

Users may not use the Services to send messages without reasonable cause nor for the purpose of causing annoyance, inconvenience or distress to any person.

In the event of any transgression of any applicable law, regulation, code of conduct, or any provision of these terms and conditions, or in the event of any complaint being received by Message Owl in relation to a User, then the User hereby acknowledges and agrees that Message Owl may in its sole and unfettered discretion remove message recipient contact numbers from the database of a User and/or suspend or terminate Services to a User without prejudice to any other rights that it may have in law or in terms of these terms and conditions.

Users acknowledge and agree that all messages sent may be stored and can be audited and reviewed by Message Owl or any other person acting on behalf of Message Owl at any time to ensure compliance with these terms and conditions and any applicable law, regulations or code of conduct.

Registration and Security

To register to make use of the Services, a User must complete the registration process and must provide Message Owl with up to date, complete and accurate information as requested by Message Owl. Failure to provide accurate and complete information on registration may result in termination of the Services. A User may also be required to choose a Username and password. Users are responsible for maintaining the confidentiality. A User is entirely responsible for any and all activities that occur under its account and a User shall be strictly liable to make payment of all charges incurred under its account whether or not these charges are incurred by the User or any other person, authorized or unauthorized, intentionally or unintentionally, or as a result of any virus, hack or security breach.

Users agree to notify Message Owl immediately of any unauthorized use of their account(s) or any other breach of security.

It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorized access to any page on this Console, or to deliver or attempt to deliver any unauthorized, damaging or malicious code to this Console. Any person who delivers or attempts to deliver any unauthorized, damaging or malicious code to this Console or attempts to gain unauthorized access to any page on this Console shall be held criminally liable and in the event that Message Owl should suffer any damage or loss, civil damages will be claimed.

No Message Owl account may be is transferred from one person to another without the written consent of Message Owl. Where Message Owl consents thereto, the new person shall be responsible for updating all details on the account accordingly. If the Username is the former person's name or trademark, a new account must be opened.

In the event that a User forgets his or her password and/or his or her contact details used for password recovery has changed (e-mail address, mobile number) and he or she requests a password change, mobile number change or e-mail address change, Message Owl will call or e-mail the existing contact telephone number or email address on the account. The User agrees that if there is no response or no confirmation of the above request, the User may be required to re-register. The User further agrees that if any person responding to the above contact confirms the request, then the request may be effected and a new password issued to such person and the User agrees that Message Owl shall not be liable for any damages or breach of privacy, security or confidentiality resulting therefrom, including but not limited to where unauthorized persons have gained access to the Users email account or telephone.


Message Owl will not intercept, monitor, copy or disclose any User messages or personal information about the User or the User's Message Owl account, other than in the normal course of the use of the Services, without the User's prior permission unless Message Owl believes in good faith that such action is necessary to conform to legal requirements, to co-operate or comply with legal process, investigations, summonses, subpoenas and the like, to protect and defend the rights, property or legally protectable interest of Message Owl, the User or other third party, to enforce any of the provisions of these terms and conditions or to protect Message Owl's business or reputation. The User agrees that Message Owl may access its account and message contents for the purposes described above without notice and in order to respond to service or technical issues and that Message Owl may communicate with the User from time to time for purposes including, but not limited to, communicating information regarding any updates, upgrades, notices, or other information.

A recipient of a message has the right to know the identity of the sender, and this will be disclosed on request to the recipient.

Users agree that they shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of End Users including but not limited to names, addresses, email addresses, landline and mobile telephone numbers and shall not disclose the personal information of end users to any third party save without the express consent of the End User or where specifically required or permitted by law to do so.

Payment and Prices

Users are required to purchase credits which shall reduce for each message sent. The number of credits used per individual message depends on the message destination, the messaging route used, and Network Operator charges. The number of credits used per message is subject to change from time to time without prior notice and shall be indicated on the Console. Unless expressly indicated to the contrary in writing, the cost of a credit is inclusive of Message Owl database hosting, User support and message handling costs.

Message Owl charges are located online at and may be provided as a schedule to any other format of these terms and conditions. Network Operator's charges for use of their networks and for SMS services may differ in respect of individual Network Operators and may be varied by Network Operators from time to time and without prior notice to Message Owl or its Users. Message Owl may vary its charges for SMS messages from time to time and without prior notice to Users. In the event that a Network Operator introduces reciprocal charges, Message Owl retains the right to increase the number of credits needed per message, for that specific network.

Payment security: Users acknowledge that Message Owl makes use of secure third party payment gateways including BML Payment gateway & Ooredoo Mobile Money and such others as may be disclosed on the Console from time to time and Users acknowledge and agree that Message Owl shall not be liable for any losses arising from the use of any third party payment gateways whatsoever.

Cooling-off periods: Message Owl shall comply with any cooling off periods prescribed by law subject to any reasonable cancellation fees that may be imposed.

Without prejudice to any other right that it may have in law, Message Owl shall have the right to suspend or disable the operation of any User account and the provision of services to any User where payment of all charges have not been made in full by the due date, or where Message Owl reasonably suspects that payment has been made or effected by fraudulent means.

User Warranties and User Obligations

Users warrant that:
Recipients of any commercial messages have a recent prior commercial relationship with the User and would reasonably expect to receive marketing communications from the originator and/or recipients have either requested the receipt of messages from the User or consented thereto;

They shall comply with all applicable laws, regulations, Network Operator requirements or applicable codes of conduct which may be applicable in their jurisdiction and the jurisdiction of all persons to whom they cause messages to be delivered;

They shall include their own contact details and identifying particulars in their messages to ensure that complaints are directed at them and not at the Network Operator;

They shall not send unlawful, abusive, harassing, threatening or obscene messages to any End User or any other person or persons, including both natural and juristic entities; and

They shall not engage in any fraudulent act by means of or in connection with any of the Services nor in connection with payment therefor.

Any subscription service for which an End User is debited or billed on a repeated basis without expressly confirming each individual transaction, individual programme or application administered by a User to an End User must be offered on an "opt-in basis." In addition, each User must also offer a convenient, easy-to-use and conspicuous method for an End User to opt-out from any subscription service, individual programme or application.


Where a User breaches any of these terms and conditions, including terms relating to payment of any amount due to Message Owl then, without prejudice to any of its legal rights, Message Owl shall be entitled to, amongst other things, to cancel its agreement with the User, to suspend or terminate the provision of services to the User, to suspend, disable or terminate the User's account/s, to sue for specific performance by the User, to claim damages and/or to retain any monies already paid by the User in respect of services not utilized by it as damages resulting from such breach and to set off any claims that Message Owl may have against the User from any other amounts due to the User by Message Owl.

Where a User account is suspended or terminated due to any breach of these terms and conditions, Message Owl reserves the right to also suspend or terminate all other accounts registered by, or on behalf of such User, as well as suspend or terminate any account registered by any other person or persons whom Message Owl, in its sole and unfettered discretion, believes is affiliated with the User concerned.

Limitation of Liability, Warranties and Indemnities



Furthermore, Message Owl makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the Console are free from errors or omissions or that the Services will be 100% uninterrupted and error free.

The Console and the Services are supplied on an "as is" basis and are not supplied to meet the User's individual requirements. To the fullest extent permitted by law, Message Owl disclaims all representations and warranties relating to the Services (whether express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose). It is the sole responsibility of the User to satisfy itself prior to entering into this agreement with Message Owl that the Services and the Console will meet the User's individual requirements and be compatible with the User's hardware and/or software and message recipient handsets and devices.

Users agree to hold Message Owl harmless and indemnify Message Owl fully against any claim by any third party, including message recipients or End Users, as a result of any system failure, message corruption, interruption or termination of services, unsolicited direct marketing, harassment, emotional disturbance, inappropriate or obscene content, breach of privacy or breach of data security, provided that none of the foregoing result from Message Owl's own gross negligence or fraudulent acts or omissions.

Users indemnify and hold Message Owl harmless against all reasonable damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by the User that constitutes a breach or contravention of any legislation, regulations, code of conduct or network provider codes or practice or acceptable usage policies.

Users further indemnify and hold Message Owl harmless against any reasonable claims, actions or damages from any party as a result of the fraudulent or unauthorized use of the User's Username and password or loss thereof.

Notwithstanding the a foregoing provisions and without derogating therefrom or limiting their application in any way, in the event that a User has a valid claim against Message Owl arising from any Services provided under these terms and conditions then the User's claim shall be limited to payment of an amount equal to the amount paid for the Services that are the subject of the claim in the month prior to any such claim arising.


The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these terms and conditions is found to be unenforceable or invalid, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

Disclosure of Information

The full name and legal status of Message Owl is OXIQA Pvt Ltd, Registration Number: C-0963/2015,Shah, Hussain & Co. Barristers and Attorneys, 6th Floor, H. Aage, Boduthakurufaanu Magu, K. Male' 20094, Maldives

These terms and conditions apply to all Consoles operated by Message Owl including and shall include any page or part thereof.

Costs/payment methods. Taxes: The User shall be liable to make payment of any and all value added tax, general sales tax or other taxes applicable to the services in the User's own jurisdiction and at the applicable rates. Unless expressly indicated to the contrary, all advertised or displayed prices are advertised and displayed exclusive of such taxes. Manner of payment: Payment methods include credit card, electronic transfer or cheque deposit where authorised by Message Owl.

Records of transactions: Records of transactions may be obtained from Message Owl on request, or online at the relevant Credit History page.

Proprietary Rights

All content, trademarks and data on this Console, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Message Owl, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the User herein, all other rights to all intellectual property on this site are expressly reserved.

Message Owl shall grant a User an individual, personal, non-sub licensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable User documentation, if any, and only in conjunction with the relevant Services. The User may not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/application; copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to Message Owl products and/or services. The User acknowledges that Message Owl and its licensors retain ownership of all propriety applications, software, intellectual property and any portions or copies thereof, and all rights therein. Upon termination of the Services for any reason, this License will terminate and the User shall destroy and cease to use all software and applications in its possession. The software is provided and applications are offered "as is" and subject to the Service warranty disclaimers and limitations of liability found elsewhere in these terms and conditions. It is the responsibility of the User to test the Services should they wish prior to entering into this agreement.

Content from the Console may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Message Owl.

Linking and Framing

Any third party site may link to this Console provided that such a link is directed at the home page of this Console. It is expressly prohibited for any person, business, entity or Console to link to any page other than the home page of this Console, without the prior written approval of Message Owl.

Message Owl shall not be held responsible or liable (whether directly or indirectly) in any way for the contents, use, or inability to use or access any such third party Consoles, pages or advertisements and any use or reliance thereon shall be at the Users sole and exclusive risk.

It is expressly prohibited for any person, business, entity, or Console to frame any page on this Console, including the home page, in any way whatsoever, without the prior written approval of Message Owl.

Searching Technology

The use of non-malicious search technology, such as 'web-crawlers' or 'web-spiders', to search and gain information from this Console is not permitted if such technology will result in slowing down this Console's server or copyright infringement of any data and information available from this Console. Data and information may only be used as provided for in these terms and conditions. E-mail addresses, names, telephone numbers and fax numbers published on the Console may not be incorporated into any database, used for electronic or direct marketing or other similar purposes. No permission is given, nor is it implied, that information on the Console may be used to communicate unsolicited communications to Message Owl notwithstanding that such information may be published as Message Owl's contact information.

Applicable Law

These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of the Republic of Maldives and the Maldivian courts shall have exclusive jurisdiction in respect of any disputes that may arise between the User and Message Owl.

Entire Agreement

These terms and conditions constitute the entire agreement between Message Owl and the User.

Privacy Policy

Message Owl, ensures to sustain a strong privacy protection policy for our users. Protecting the privacy of your information is an important responsibility and we value the trust you place in us. We care about your privacy as much as we care about our own.

How we use information to enhance your experience with us and how we ensure the safety of your data is described below.

What our privacy policy covers

This policy will inform you of the information that we use, collect and your rights and options to use these information, including but not limited to, the information collected when you sign in, access and/or register on our website. In addition, Message Owl may disclose user information set forth in this Privacy Policy

The information we collect and how it is used

Information is collected when you communicate with us and use our site. This includes, including, but not limited to, Name, personal identification data, contact information, images, voice recordings, prints, reason for contacting us, information received from third parties social networking handle or username, browser information, IP address, geographic location, internet service provider, connection speed, time of visit, referring site/ application/service, registration time and mobile device information.

When you register on Message Owl, you acknowledge and agree that all information provided is accurate, true, up-to-date and complete.

If you choose to register via a third party website or service that is integrated with Message Owl, for instance, we may offer the ability to use certain third party websites to facilitate your registration on Message Owl, we may collect information, including but not limited to as stated above.

When accessing Message Owl, your choice to use or share with a third party website is completely voluntary and Message Owl is not liable for compliance with the policies of any third party website. It is you responsibility to review your privacy settings and preferences of those services provided by third party websites as to ensure what is made available by them to Message Owl is within your consent.

Please note that any information received by Third party websites will be governed by this Privacy Policy.

All information collected are used, including, but not limited to improve our services and products, fulfil your requests, personalize and tailor to your experience, operate our business, understand how users engage with our website, facilitate the delivery of our content and advertisements, communicate with you about new or existing products and services or special offers. For instance, we may send promotional notifications or materials to your email address if you subscribed.

Use of Cookies on our site

Message Owl may place cookies on your device. Cookies are small files that a service provider or site transfers typically to your computer’s hard disk to recognize users. It contains information that can later be read by a web serve in the domain.

The information recorded is used so that we can provide a more personalized experience for you, including but not limited to, asses user pattern, identify visitors, preferences, control display of Ads, diagnose errors in our system/servers, conduct research, deliver editorial content and record user information.

If you do not wish us to place a cookie on your device, browser preference must be changed to block cookies before accessing Message Owl. We are not responsible if you or your browser fails to implement the preference settings and for the use of cookies by its third party affiliates. If you choose to decline cookies, you may be unable to sign in or use certain interactive features available in Message Owl.

Disclosing information to outside parties

Message Owl would not sell, transfer or trade to outside parties your personally identifiable information. This does not include trusted third parties who assists in operating the website, conducting our business and servicing to you as long as these parties agree to keep this information confidential. We may however disclose this information, to comply with the law, our policies, protect our user’s rights and safety.

Protection and Security of personally Identifying Information

To protect the confidentiality of your Personally Identifying Information, we have instigated reasonable security measures and practices. However, please note that no security system is impassable and it is possible for third parties to access or intercept information that you provide us. We cannot guarantee the security of the information you provide, thus it is crucial that you log off when using shared computers and protect against unauthorized access to your password(s) or the devices you use.

Changes to our Privacy Policy

Please note that we reserve the right to bring about changes to these policies at any given time, and by virtue of continued use of our website, you agree to be bound by these changes.

Acceptable Use Policy (“AUP”)

Updated: February 11, 2019

This Acceptable Use Policy (“AUP”) governs your use of the Message Owl Services. Capitalized terms used and not otherwise defined herein shall have the corresponding meaning set forth in the Terms of Use, or other similar written services agreement between you and Message Owl.

You agree that you, your End Users and your Affiliates will not, and will not authorize, assist or enable any third party to, engage in any of the following:

  1. Violating any applicable law or regulation, whether local, state, federal, or foreign.
  2. Violating standards, policies or applicable guidelines published by the Communications Authority of Maldives (CAM) (including the Maldives Telecommunication Policy 2006 - 2010 and Maldives Telecommunication Law) or other generally-recognized industry associations; or other telecommunications or service provider requirements as communicated to you in writing by Message Owl.
  3. Damaging, interfering with, overburdening, or otherwise adversely impacting the availability, reliability, or stability of the Services or third-party systems or networks relating to the Services.
  4. Attempting to circumvent or break any security mechanism on any of the Services, or using the Services in any manner that poses a security or other risk to Message Owl, Message Owl’s vendors, any user of the Services, or any customer of any of the foregoing.
  5. Benchmarking, tampering with, unauthorized testing, reverse-engineering, decompiling, or otherwise using the Services in order to discover limitations or vulnerabilities, or evade filtering capabilities.
  6. Engaging in fraudulent, deceptive, inaccurate, or misleading activity with respect to third parties (including impersonation of identity or identifiers such as phone numbers or email addresses) or otherwise bypassing legitimate identification systems.
  7. Using the Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses.
  8. Engaging in spamming, or other unsolicited, unwanted, or harassing advertising, marketing or other activities, including any activities that violate anti-spamming, data protection, or privacy laws and regulations.
  9. Offering or purporting to offer any services that allow a user to connect with emergency services personnel or public safety answering points such as 119, or equivalents.
  10. Using long virtual numbers to receive messages for the purposes of identity verification, bulk messaging, automated messaging, messages using automated dialing, and the like.
  11. Reselling, sublicensing, renting or timesharing the Services or any portion of the Services (including, without limitation, data received through the Number Insight or Verify Services) without Message Owl’s express, specific prior written consent. Any permitted resale is conditioned upon your obtaining, maintaining, and providing to Message Owl upon request, reasonable Know Your Customer information in compliance with applicable law for each of your direct and indirect customers using the Services, and may not be extended to anonymous users. Without limiting the foregoing, you must maintain the following information for each of your users using the Services: name, verified telephone number, verified e-mail address, method of payment, payment information, and IP address.
  12. Forwarding from a virtual number to a dead endpoint (i.e., if you forward from a virtual number, you must make a reasonable attempt to receive the message, as applicable).
  13. Bundling, aggregating or otherwise combining in any way any messages originating from any other telephone number, or engaging in group messaging; each number shall only be used for messages originating and terminating to such single, unique telephone number.
  14. Using the Services in hazardous environments requiring fail-safe performance, such as in the operation of aircraft navigation or communication systems, air traffic control, or other devices or systems in which malfunction of the Services would result in foreseeable risk of injury or death of the operator of the device or system, or to others.
  15. Failing to obtain any legally required consent from those third parties (or, where required, their parents, representatives, or guardians) for the collection, use, and disclosure of the third parties’ personal data as described in the Privacy Policy.
  16. Engaging in activities or, uploading, downloading, submitting, transmitting, distributing or facilitating the distribution of, any information that contains “inappropriate content” in connection with the Services. Inappropriate content includes, but is not limited to, content that:
    • May be considered libelous, slanderous, defamatory, threatening, sexually explicit, vulgar, profane, obscene, offensive, abusive, malicious or otherwise harmful to any person or entity, constitutes or promotes “hate speech” or is otherwise discriminatory based on race, sex, creed, religion, nationality, disability, sexual orientation, language, or age.
    • Contains or transmits viruses, Trojan horses, worms or any other malicious, harmful, or deleterious programs or similar destructive programming routines.
    • Promotes, markets or otherwise relates to illegal activities or terrorism.
    • Infringes on, misappropriates, or violates any intellectual property rights or other rights of third parties, including but not limited to trademark, copyright, patent, trade secrets, rights of publicity, and rights of privacy.
    • Constitutes or relates to “adult services” or content of an adult nature, including, without limitation, content that contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Message Owl in its sole discretion.
    • Comprises or promotes alcohol, firearms, or tobacco content, except where appropriate age-gating functionality has been implemented and such content is otherwise legal in the applicable jurisdiction.
    • Contains sensitive financial or identification information or documents.

Service Level Agreement for Services (“SLA”)

Updated: January 1, 2020

The Service Level Agreement (“SLA”) of Message Owl represent the utilization of the Message Owl Services under the terms of the Message Owl Terms and Conditions (the “T&C”) between Message Owl, (“Message Owl”, “us” or “we”) and users of the Message Owl Services (“you” or “Customer”). This SLA applies independently to each account using the Message Owl Services. Unless generally provided herein, this SLA is liable to the terms of the T&C and indicated terms will have the meaning specified in the T&C. Message Owl reserves the authority to change the terms of this SLA in accordance with the T&C.

1. Definitions

The following defined terms apply to this SLA. Capitalized terms not defined below have the meanings ascribed to them in the Terms & Conditions, or other similar written agreement between the parties, as applicable (“Agreement”).

  1. “Message Owl Services” is the combination of all single products and services (as defined in 2.2) Message Owl possibly offers to the Customer.
  2. “Message Owl Single Service” means:
    • Message Owl API (Application Programming Interface)
    • Message Owl Console
    • Message Owl Mail to SMS service
    • Message Owl SMPP Console (Short Message Peer-to-Peer)
  3. “Unavailable Time” means one or more of the Message Owl Services are not available for use according to third party performance and monitoring services contracted by Message Owl at its sole discretion (the “Monitoring Service”). The Monitoring Service reports of availability is currently available at; provided that service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time. Unavailable Time is calculated per Single Service as defined in 2.2 and not a combined total or average.
  4. “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Month in which a Message Owl Single Service was in a state of “Unavailable Time” as identified by Monitoring Service.
  5. “Service Credit” is a credit that Message Owl, at its sole discretion and after confirming the nature and accuracy of the Unavailable Time, may credit back to an eligible Customer account, calculated as set forth below:
    • For a calendar month where the Monthly Uptime Percentage of an Message Owl Single Service does not meet the Monthly Uptime Percentage, Message Owl will credit Customer’s account a percentage of that month’s billings specific to Service not meeting the Monthly Uptime Percentage, as defined by this table:
      Monthly uptime percentage Service Credit
      < 99.95% 10%
    • Service Credit shall be issued to Customer’s Message Owl balance for future use of the Single Service only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other account or Single Service.

2. Service Commitment

Message Owl will utilize commercially reasonable endeavors to ensure Message Owl’s Services are available 99.95% of the time. In the event Customer experiences that Message Owl will not meet the 99.95% Services accessibility in a given calendar month (“Monthly Uptime Percentage”), you will be eligible to receive a Service Credit as described above.

3. Credit request and payment procedures

To apply for a Service Credit, the Customer must submit a ticket via the form found here within 30 days of the month in which the Unavailable Time occurred. The ticket must include (i) “SLA Claim” as the subject of the ticket; (ii) the dates and times of the Unavailable Time for which you are requesting credit; and (iii) any applicable information that documents the claimed outage. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit. Service Credits will be applied within 60 days after the Service Credit was requested.

4. Exclusions

Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the Message Owl Services, or any other Message Owl Services performance issues, that:

  1. are caused by factors outside of Message Owl’s sensible control, including, without limitation, any natural or unavoidable catastrophes, carrier related problems or issues, or problems related to Internet access or problems beyond the demarcation point of Message Owl or its direct hosting subcontractors (i.e beyond the point in the network where Message Owl maintains access and control over the Message Owl Services);
  2. result from any activities or inactions of Customer or any third party (other than Message Owl’s immediate facilitating subcontractor);
  3. result from Applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Message Owl’s immediate control); or
  4. Emerge from Message Owl’s suspension and termination of Customer’s entitlement to use the Message Owl’s Services as per the T&C, (v) scheduled maintenance; or (vi) problems or issues related to alpha, beta or not otherwise generally available Message Owl’s features or products (collectively, the “Exclusions”).

5. Exclusive solution

Service Credits might be your exclusive and selective solution for any unavailability or non-performance of our Services or other failure to provide the adequate services promised by Message Owl.

Messaging Policy

Updated: 5 June, 2020

We all expect that the messages we want to receive will reach us, unhindered by filtering or other blockers. An important step Message Owl and our customers can take to make that expectation reality is to prevent and eliminate unwanted messages. Towards that end, we strive to work with our customers so that messages--whether SMS, MMS, or chat--are sent with the consent of the message recipient, and that those messages comply with local laws and measures of fairness and decency.

This principle is central to Message Owl's Acceptable Use Policy

Navigating the path to proper consent for message sending can be complex. We developed the Messaging Policy to help Message Owl customers partner with us to map out that path.

What Is Proper Consent?

Consent can't be bought, sold, or exchanged. For example, you can't obtain the consent of message recipients by purchasing a phone list from another party.

Aside from two exceptions noted later in this section, we need to meet each of the consent requirements listed below. If you are a software or Console provider using Message Owl for messaging within your application or service, you need to require that your customers adhere to these same requirements when dealing with their users and customers.

Consent Requirements

  • Prior to sending the first message, you must obtain agreement from the message recipient to communicate with them - this is referred to as "consent", You must make clear to the individual they are agreeing to receive messages of the type you're going to send. You need to keep a record of the consent, such as a copy of the document or form that the message recipient signed, or a timestamp of when the customer completed a sign-up flow.
  • If you do not send an initial message to that individual within 30 days of receiving consent, then you will need to reconfirm consent (see “Double Opt-in” below).
  • The consent applies only to you, and to the specific use or campaign that the recipient has consented to. You can't treat it as blanket consent allowing you to send messages from other brands or companies you may have, or additional messages about other uses or campaigns.

Alternative Consent Requirements: The Two Exceptions

While consent is always required and the consent requirements noted above are generally the safest path, there are two scenarios where consent can be received differently.

Contact initiated by an individual

If an individual sends a message to you, you are free to respond in an exchange with that individual. For example, if an individual texts your phone number asking for your hours of operation, you can respond directly to that individual, relaying your open hours. In such a case, the individual’s inbound message to you constitutes both consent and proof of consent.

Remember that the consent is limited only to that particular conversation. Unless you obtain additional consent, don't send messages that are outside that conversation.

Contact initiated by you to send informational content to an individual based on having a prior relationship

You may send an outbound message that provides information requested by the individual, or that can be reasonably expected by the individual based on your relationship. An example of such a relationship and message is a dentist reminding a patient of an appointment.

In addition to appointment reminders, other examples include receipts, one-time passwords, order/shipping/reservation confirmations, drivers coordinating pick up locations with riders, and repair persons confirming service call times.

The message can't attempt to promote a product, convince someone to buy something, or advocate for a social cause.

The individual must have knowingly provided their phone number to you, and have taken some action to trigger the potential for communication. Actions can include a button press, setting up an alert, making an appointment, or placing an order.

NOTE: The alternative consent requirements cannot be used for promotional content such as marketing, coupons, advertisements, notifications regarding a job opportunity, and sweepstakes, independent of whether the individual initiates contact, or you have consent for informational content of the type noted above based on a prior relationship.

Double Opt-in Consent

We require double opt-in consent in some limited use cases. Many of these use cases listed below generate the majority of complaints about unwanted messages which is why the burden of consent is higher.

  • Affiliate marketing including multi-level marketing - this is typically a marketing arrangement which an online retailer pays commission to an external website for traffic or sales generated from its referrals.
  • Lead generation services
  • Sweepstakes
  • inancial products, unless you are the financial institution directly offering the product. These include debt refinancing, short-term credit offers, and payday loans
  • Job alerts
  • Work-from-home offers

Double opt-in is a two step process:

  • First, the message recipient must knowingly provide consent to you or your customer prior to receiving any text message. That consent must be provided through an electronic signature or some other online sign-up form that makes clear to the individual they are agreeing to receive messages of this type.
  • Second, in your first text message to that individual, you must identify yourself and prompt the individual to confirm their consent.

For example, your first outbound message would be compliant if it included text similar to, “This is Company X. You recently signed up to receive text messages from us. Please reply YES to confirm or STOP to unsubscribe.” Only after you receive the confirmation “YES” may you send a follow-up message with information related to a topic listed above.

Identifying Yourself as the Sender

Every message you send must clearly identify you as the sender, except in follow-up messages of an ongoing conversation.

Message Recipient Opt-out

The initial message that you send to an individual needs to include the following language: “Reply STOP to unsubscribe,” or the equivalent using another standard opt-out keyword, such as STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT.

Individuals must also have the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, you may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are not allowed. An individual must once again provide consent before you can send any additional messages.

Periodic Messages and Ongoing Consent

In some cases, you may want to periodically send messages to an individual who earlier provided proper consent. This practice is allowed, provided that your message includes a reminder to the individual about how to unsubscribe. If you send more than one message in a given month, you need to include the reminder in just one of those messages--not in all of the messages that you send in that month.

You must respect the message recipient’s preferences in terms of frequency of contact. You also need to proactively ask individuals to reconfirm their consent no less often than once every 18 months.

Age and Geographic Gating

If you are sending messages in any way related to alcohol, firearms, gambling, tobacco, or other adult content, then more restrictions apply. In addition to obtaining consent from every message recipient, you must ensure that no message recipient is younger than the legal age of consent based on where the recipient is located. You also must ensure that the message content complies with all applicable laws of the jurisdiction in which the message recipient is located. Additionally, Message Owl’s Acceptable Use Policy bans sending any content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable, even if the content is permissible by law and appropriate age restrictions are in place.

You need to be able to provide proof that you have in place measures to ensure compliance with these restrictions.

Content We Do Not Allow

The key to ensuring that messaging remains a great channel for communication and innovation is preventing abusive use of messaging Consoles. That means we never allow some types of content on our Console, even if our customers get consent from recipients for that content. Those content types include:

  • Anything that’s illegal in the jurisdiction where the message recipient lives. For example, we do not allow messages related to the sale of recreational or medicinal cannabis in the Maldives, because Maldives laws prohibit its sale.
  • Hate speech or harassment, or any communications from groups whose primary purpose is deemed to be spreading hate. You can find a fuller description of hate and other prohibited types of speech in Message Owl’s Acceptable Use Policy.
  • Fraudulent messages.
  • Malicious content, such as malware or viruses.
  • Any content that is designed to intentionally evade filters.

How We Handle Violations

When we identify a violation of these principles, we work with customers in good faith to get them back into compliance. To protect the continued ability of all our customers to freely use messaging for legitimate purposes, we reserve the right to remove access to the Message Owl Console for customers that we determine are not complying with the Messaging Policy, or who are not following the law in any applicable area.