Messaging & SMS Terms

These Messaging & SMS Terms (the “Terms”) supplement the General Terms and Conditions of SCALIFAI LTD (“destaff.ai”) and apply to every merchant using messaging channels through the destaff.ai platform — in particular SMS, voice calls and WhatsApp. The Terms govern the merchant's obligations towards the recipients of its messages as well as towards destaff.ai and the carriers and messaging providers involved. They apply to every message sent, whether it is triggered manually, by a rule, or by an AI-assisted workflow. Where these Terms conflict with the General Terms and Conditions, these Terms prevail in respect of messaging.

destaff.ai provides the merchant with the software platform used to compose, manage and hand messages over to the connected messaging providers. destaff.ai acts as an independent software vendor (ISV) only. The merchant is the sole sender of the messages. The merchant determines content, timing, frequency and recipients on its own responsibility and is therefore the party responsible for each message under applicable data protection and marketing law. Messages are addressed to the merchant's end customers. There is no contractual relationship between destaff.ai and those end customers, and destaff.ai does not message them in its own name or for its own promotional purposes. destaff.ai does not pre-screen the content of outgoing messages and owes no legal review of the recipient lists used by the merchant.

The merchant may send marketing messages only to recipients who have given prior express consent for the relevant channel (SMS, voice, WhatsApp). Consent must • be obtained before the first marketing message is sent, • be given separately and affirmatively — no pre-ticked boxes, and no bundling with the completion of a purchase or with entry into a sweepstake, • identify the merchant, state the nature and purpose of the messages, indicate the expected message frequency, and state that message and data rates may apply, • be documented and logged, including timestamp, source (form, checkout, pop-up) and the exact wording of the consent language presented. The merchant must produce proof of consent without undue delay — and no later than five business days — upon request by destaff.ai, a carrier, a messaging provider or a competent authority. The governing requirements include the Telephone Consumer Protection Act (TCPA) and the CTIA Messaging Principles and Best Practices for recipients in the United States, and Art. 6(1)(a) GDPR together with Section 7 of the German Act Against Unfair Competition (UWG) for recipients in the European Union and Germany respectively. Please note: destaff.ai performs no technical consent verification. The platform does not check whether valid consent exists for a given phone number. That verification rests solely with the merchant.

Transactional messages are triggered by a specific action of the recipient or by an existing contractual relationship and carry no promotional content. Examples: order confirmations, shipping and delivery notifications, tracking updates, return and refund status updates, appointment reminders, one-time passcodes (OTP) and security notices. Marketing messages are messages that serve, wholly or in part, to promote goods or services. Examples: discount campaigns, coupon codes, new product announcements, abandoned-cart reminders, win-back and replenishment campaigns, newsletters. A message counts as a marketing message in its entirety as soon as it combines transactional information with promotional elements. Adding a discount code to a shipping confirmation therefore subjects the whole message to the marketing requirements — consent, opt-out notice and sending window included.

Every recipient may withdraw consent at any time, without giving reasons and at no cost beyond standard transmission rates. The keywords STOP, STOPP and ABMELDEN are treated as an opt-out and take effect immediately. Free-form opt-out requests must be honoured as well wherever the recipient's intent is apparent (for example “no more messages” or “please remove me”). Following an opt-out, the merchant must ensure that no further marketing messages are sent to that recipient, across every system and channel the merchant operates. The opt-out must be applied without undue delay; resuming messages requires fresh consent, obtained separately. Every marketing message must carry a clearly recognisable opt-out notice, for example “Reply STOP to unsubscribe”. An opt-out may be answered only with a single confirmation message. That confirmation must not contain promotional content, win-back offers, or questions about the reason for unsubscribing.

Every message must clearly identify the merchant as the sender. The sender identification must show the name under which the merchant is known to the recipient — normally the shop or company name. In the first message of any exchange the sender must be identified within the message body; the originating phone number alone is not sufficient. Disguising the sender, using another party's identifier or brand without authorisation, and any statement capable of creating a false impression of the sender's identity are prohibited.

Marketing messages may only be sent during hours that are customary at the recipient's location. The recipient's local time zone governs, not the merchant's. For recipients in the United States the TCPA and the CTIA guidelines apply; sending outside the window of 8:00 a.m. to 9:00 p.m. local time is prohibited. For recipients in the European Union, night-time hours as well as Sundays and public holidays are to be avoided. Transactional messages triggered directly by an action of the recipient — such as one-time passcodes or delivery notifications — are exempt from this restriction.

The platform must not be used to send messages that concern, promote or facilitate: • the SHAFT categories: sexual content (Sex), hate speech and discriminatory content (Hate), alcohol (Alcohol), firearms and ammunition (Firearms), tobacco, vaping and related products (Tobacco); • gambling, sports betting and lotteries; • high-risk credit, lending and financial offers, in particular short-term loans, debt relief, credit repair, and cryptocurrency offerings; • prescription medication, cannabis and related products; • misleading, deceptive or fraudulent content, including phishing, shortened links of unknown origin, and impersonation of another party; • any content that violates applicable law, carrier requirements, or the terms of the messaging providers in use. Where one of these categories is exceptionally permitted in a given jurisdiction, sending requires prior express approval by destaff.ai and compliance with the applicable safeguards, in particular effective age verification.

Sending to recipients in the United States over US long codes requires 10DLC registration. The merchant must be registered with The Campaign Registry (TCR) as its own brand and must create its own campaign for its use case. Sending under a third party's brand or campaign — including those of destaff.ai — is not permitted. The merchant must provide complete and accurate registration details, in particular legal entity name, legal form, company registration number, tax identification number, registered address, website, sample messages, and a description of the consent flow (call-to-action). Alternatively, messages may be sent from a toll-free number. In that case toll-free verification must be completed, which likewise requires evidence of the consent flow, sample messages and the opt-out notice. Changes to the registered details, the use case or the consent flow must be reported and re-registered without undue delay. Unregistered or misclassified traffic may be filtered, delayed or surcharged by the carriers.

destaff.ai may suspend a merchant's messaging in whole or in part, stop individual campaigns, or disable access to the messaging features where there are concrete indications of a breach of these Terms, of applicable law, or of carrier and messaging provider requirements, or where a carrier, a messaging provider or an authority so requires. Where delay would create risk — in particular in the event of elevated complaint rates, spam reports, or a threatened block by a carrier — suspension may take effect without prior notice. The merchant will be informed without undue delay. The merchant shall indemnify destaff.ai against third-party claims arising from a breach of these Terms for which the merchant is responsible, including fines, carrier penalties and the costs of legal defence.

In the course of messaging, destaff.ai processes personal data of end customers — in particular phone number, message content, delivery status and timestamps — solely on documented instructions and on behalf of the merchant. The merchant is the controller within the meaning of Art. 4(7) GDPR; destaff.ai is the processor within the meaning of Art. 28 GDPR. Recorded opt-outs are retained to the extent necessary to prevent further contact. Details on purposes, legal bases, retention periods, the service providers involved and data subject rights are set out in the privacy policy; these Terms do not repeat them.

SCALIFAI LTD Company registration number HE 485860 1 Apriliou 19, Melania Court, Flat 102 Chlorakas, 8220 Paphos Cyprus Email: support@destaff.ai