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Fair Use Policy

Last Updated: December 1, 2025

All capitalized terms used without definition have the meanings set forth in the Clerk Chat Terms of Service Agreement (“Terms”), which is incorporated by reference. This Fair Use Policy supplements but does not replace the Terms. Clerk Chat reviews and updates this Policy on at least an annual basis.

1. PURPOSE

This Fair Use Policy establishes usage limits and standards to ensure equitable access to the Subscription Services for all Clerk Chat customers, protect network integrity and message deliverability, and maintain compliance with carrier policies, TCR requirements, and applicable law including the TCPA, TRACED Act, and FCC regulations.

2. DEFAULT USAGE LIMITS

2(a). Standard Plan Limits

Unless otherwise specified in Customer’s Order Form, the default limits per team per calendar month are:

  • SMS/MMS Messages: 20,000 outbound segments
  • Voice Minutes: 1,000 minutes

The first month of service is prorated based on days remaining in the activation calendar month.

2(b). Channel-Specific Limits, Notes, and Compliance Requirements

  • RCS (Rich Communication Services): RCS usage is billed and limited separately per the Order Form. Customer must comply with Google’s RCS Business Messaging Acceptable Use Policy and any applicable FCC guidance on OTT messaging. RCS consent requirements may differ from SMS/MMS TCPA standards; Clerk Chat requires express opt-in consent from each recipient before sending any RCS business message. SMS consent does not automatically extend to RCS.
  • WhatsApp Business API: WhatsApp usage is billed separately. Customer must comply with Meta’s WhatsApp Business Policy, including WhatsApp-specific opt-in requirements. Consent obtained for SMS does not constitute consent for WhatsApp; separate WhatsApp-specific opt-in is required. Marketing messages outside a 24-hour customer service window require WhatsApp-approved Message Templates.
  • AI Voice Agent Calls: AI voice and text agent interactions may have separate usage caps per the Order Form. All AI voice agent calls constitute Prerecorded Voice calls under the TCPA (FCC, Feb. 2024) and require Prior Express Written Consent before calling wireless numbers or residential lines for marketing purposes. State disclosure requirements (some states mandate AI identification) apply.
  • International Messages: Not included in the 20,000-segment default limit; charged separately at then-current international rates.
  • API Usage: Subject to rate limits published in Clerk Chat’s API documentation.
  • SHARED SHORT CODES — ABSOLUTE PROHIBITION: Clerk Chat does not support and expressly prohibits use of shared short codes (short codes used by multiple brands). All short code traffic must be on dedicated short codes registered exclusively to Customer. CTIA discontinued shared short codes in 2021 because consent obtained on a shared short code cannot reliably be attributed to any single sender for TCPA purposes. Violation of this prohibition is a material breach of the Terms of Service grounds for immediate termination.

2(c). Custom Plans

Enterprise and mid-market customers on custom Order Forms operate under the limits in their individual agreements. Section 2(a) defaults do not apply to customers with Order Forms that expressly state different limits.

3. 10DLC THROUGHPUT LIMITS AND PRE-APPROVAL REQUIREMENT

Regardless of plan volume limits, Customer must comply with carrier throughput requirements:

  • 10DLC Long Code (A2P SMS): Throughput limits are defined by TCR campaign scoring and carrier guidelines, typically 15–75 messages per second depending on campaign type. Clerk Chat enforces these limits programmatically.
  • PRE-APPROVAL REQUIREMENT — CRITICAL: Customer may not send A2P SMS traffic on a 10DLC number until TCR has confirmed campaign ACTIVE status — submission alone does not authorize traffic. Clerk Chat will use technically reasonable means to prevent transmission on campaigns in pending or submitted status. TCR standard reviews typically take 2–5 business days; special use cases (higher education, political, emergency services) may take longer. Operators must not plan campaign launches within less than 5 business days of campaign registration submission and must confirm ACTIVE status before launch.
  • Toll-Free Numbers: Subject to carrier-imposed throughput limits.
  • Dedicated Short Codes: Throughput governed by the applicable carrier agreement.

Attempts to exceed carrier throughput limits — including through batching designed to circumvent filtering — are prohibited and may result in immediate account suspension.

4. PROHIBITED USAGE PATTERNS

The following usage patterns are prohibited regardless of volume, as they violate carrier AUPs, 10DLC rules, or applicable law:

  • Sending messages at uniform intervals at high volume designed to evade carrier spam detection;
  • Sending identical or near-identical content to large recipient lists without a registered campaign;
  • Transmitting campaigns generating opt-out rates above 5% or complaint rates above 0.3%;
  • Recycling or reusing recipient lists containing previously opted-out numbers;
  • Sending messages outside permitted hours (8 a.m.–9 p.m. local time of the recipient’s jurisdiction);
  • Transmitting A2P messages on numbers not associated with an active, TCR-APPROVED campaign (submission pending is not ACTIVE);
  • Characterizing functionally A2P traffic as P2P to avoid 10DLC registration — this is carrier fraud and a material breach of the Terms;
  • Sending messages to telephone numbers identified as reassigned by the NRSC after the date of the original opt-in consent;
  • Using recycled or recently-reassigned phone numbers in campaigns without NRSC verification;
  • Using shared short codes under any circumstances.

5. MONITORING AND OVERAGE

5(a). Usage Monitoring

Clerk Chat monitors messaging volume, delivery rates, opt-out rates, complaint rates, and campaign registration status on an ongoing basis. Customers can view current usage in the Clerk Chat dashboard.

5(b). Overage Notification

Where commercially reasonable, Clerk Chat will notify Customer when usage approaches the applicable monthly limit (at approximately 80% and 95%) via email or in-app notification.

5(c). Overage Charges

If Customer consistently exceeds monthly limits (in two or more consecutive months), Clerk Chat may: (i) assess overage charges at then-current per-message or per-minute rates; (ii) require Customer to upgrade to a higher-volume plan; or (iii) suspend transmission above the limit.

5(d). High-Volume and Special Use Case Campaigns

Customers planning campaigns expected to exceed standard monthly limits, or campaigns in special TCR use cases (political, higher education, emergency, sweepstakes), should contact support@clerk.chat in advance to ensure proper provisioning, accurate TCR registration, and realistic launch timelines.

6. QUALITY STANDARDS

To protect deliverability for all customers, Clerk Chat enforces the following quality thresholds:

  • Opt-out Rate: Campaigns generating STOP rates above 5% may be paused pending review.
  • Complaint Rate: Campaigns generating carrier complaint rates above 0.3% may be paused pending review.
  • Delivery Failure Rate: Persistent delivery failure rates above 20% may trigger campaign review.

Clerk Chat will notify Customer of quality threshold breaches and work with Customer on remediation before taking action where time permits. Clerk Chat reserves the right to immediately suspend campaigns posing risk to carrier relationships or platform deliverability.

7. CARRIER-INITIATED BLOCKING — NO CLERK CHAT LIABILITY

Carrier-initiated blocking is one of the most common operational disruptions for messaging SaaS users. Carriers block campaigns unilaterally and without notice. Clerk Chat has no control over carrier decisions.

Clerk Chat is not responsible for message delivery failures caused by carrier-initiated filtering, blocking, or de-registration of Customer’s campaigns. Carriers (AT&T, T-Mobile, Verizon, and others) may block campaigns based on their own spam and compliance algorithms without prior notice to Clerk Chat or Customer. Clerk Chat will make commercially reasonable efforts to: (i) notify Customer of known carrier blocks where Clerk Chat receives notification; and (ii) work with Customer on remediation steps where technically feasible. However, Clerk Chat cannot guarantee restoration of any blocked campaign. Carrier decisions are outside Clerk Chat’s control, and Clerk Chat bears no liability for revenue loss, business disruption, or missed deliveries caused by carrier blocking actions. Customer is responsible for maintaining compliant campaign registrations, accurate message content, and low opt-out and complaint rates to minimize carrier blocking risk.

8. ENFORCEMENT

Violations of this Fair Use Policy are subject to enforcement under Section 3(i) of the Terms. Where time permits, the following process applies:

  • First violation: Written notice and 5 business day opportunity to cure.
  • Second violation within 12 months: Written notice, mandatory remediation plan, possible temporary suspension.
  • Third violation within 12 months, or any violation involving TCPA, FTSA, CASL, carrier-level blocking, or unauthorized A2P traffic on unapproved campaigns: Account suspension pending review; possible termination.

Pre-Approval Blocking: Campaigns submitted for TCR registration but not yet approved are NOT subject to the notice and cure provisions. Clerk Chat will block transmission on pending campaigns without notice or cure period, consistent with carrier requirements. Upon TCR ACTIVE status confirmation, normal campaign operations resume and the blocking period does not count as a violation under this enforcement schedule.

Immediate action without notice may be taken where required to protect the platform, other customers, or compliance with applicable law or carrier mandates.

9. CONTACT

Clerk Chat, Inc. | 575 Market St, Suite 2080, San Francisco, CA 94105 | 888-572-5375 | support@clerk.chat | legal@clerk.chat