Legal
Messaging Terms
Last updated 24 September 2026 · Version 2026-09-24
These terms apply when you use OpusFunnel to send texts (SMS) or WhatsApp messages, hold phone numbers, or make and take calls, including with the AI phone agent. They add to our Terms and Acceptable Use Policy. Texting and calling law is strict and the penalties are per message, so please read them.
You are the sender
Messages and calls you make through OpusFunnel are yours. You, not OpusFunnel, are the sender and caller in law. Your business name is the brand on your texting registration. You are responsible for having the right to contact each person, and for what you say.
We give you tools that help: consent records, an internal do-not-contact list, quiet hours and STOP handling. They support your compliance; they do not replace it.
Consent
- Informational and customer-care texts (replies, appointment reminders, order and account updates) need the person's prior express consent, for example because they gave you their number for that purpose.
- Marketing texts need prior express written consent: a clear, signed agreement (a ticked box on a web form counts) to receive marketing texts from you at that number, which says that consent is not a condition of buying anything.
- AI or pre-recorded calls, including AI phone agent callbacks, need the person's prior express consent, and prior express written consent if the call is marketing. The FCC treats AI-generated voices as artificial voices.
OpusFunnel records consent given through the consent boxes on your forms, with the wording shown, the page, the time and the visitor's IP address and browser. Your forms can carry two separate boxes: one for service texts (reminders and updates) and an optional one for marketing texts. Ticking the service box is not agreeing to marketing.
OpusFunnel checks the recorded consent before it sends. Broadcasts and sequence steps count as marketing, and go only to contacts who ticked the marketing box (on WhatsApp, who also agreed to WhatsApp messages). Other texts and WhatsApp messages, sent by hand or by an automation to someone who has not written to you in the last 30 days, go only to contacts with recorded consent to texts (or to WhatsApp messages). Do not import contacts or text them unless you hold consent for the kind of message you will send, and can prove it.
Marketing texts
At present the texting registrations OpusFunnel submits for you cover customer care, account and appointment messages only, and OpusFunnel does not yet offer a marketing-registered campaign. Advertisements and promotional texts are not allowed on those registrations. Before a broadcast or sequence text goes to a US number, OpusFunnel checks whether it reads as an advertisement, and refuses it if it does. Do not try to get around that check. Informational broadcasts and sequences (for example an update to your existing customers) still need recorded marketing consent from every recipient.
Opt-outs and revocation
- People can opt out by replying STOP or a similar word, or by asking in any other reasonable way.
- OpusFunnel recognises STOP and other common opt-out replies automatically, confirms the opt-out once, and puts the number on your do-not-contact list, which blocks further texts, WhatsApp messages and AI calls to that number from your account. HELP replies get your business's contact details. A later START reply lifts an opt-out that came from a STOP reply.
- If someone opts out another way, for example in a message, by email or on a call, you must record it in OpusFunnel (on the contact or your do-not-contact list) straight away. The law gives at most 10 business days; we ask you to do it at once.
- Do not remove or reword the opt-out instructions OpusFunnel adds to messages so that they stop working.
- Treat an opt-out as covering both texts and AI calls to that number, unless the person says otherwise.
Quiet hours
OpusFunnel applies quiet hours: broadcasts, sequences, bulk sends, other texts and WhatsApp messages to someone who has not written to you in the last 30 days, and AI phone agent callbacks are not sent outside 8:00 to 20:00 in the recipient's local time, as best we can tell it from the contact's details. Scheduled sends and sequences wait for the morning; a message sent by hand has to be sent again. Replies to someone who has written to you in the last 30 days, and the service messages OpusFunnel sends for you about a person's own booking, order or form, are not held back. If we cannot tell the local time for a number, automated and bulk messages are not sent to it.
Some US states set narrower hours and limit how many messages one person can receive in a day (for example Florida and Oklahoma). Following those limits is your responsibility.
Do-not-call
- OpusFunnel does not check numbers against the National Do Not Call Registry or state do-not-call lists. If you make telemarketing calls or send marketing texts, you are responsible for checking those lists (or holding consent that covers the person) and for having a written do-not-call policy.
- You are also responsible for checking the Reassigned Numbers Database where it applies, so you do not contact someone who has taken over a number.
- OpusFunnel gives you an internal do-not-contact list. Add anyone who asks not to be contacted, and we will block texts and AI calls to them from your account.
Content and identification
- Every conversation must identify your business. Keep your business name in the first message to each person.
- No content about sex, hate, alcohol, firearms, tobacco or cannabis, and nothing else carriers or our Acceptable Use Policy prohibit.
- No link shorteners from public services, which carriers block. Use your own domain.
- Keep messages consistent with what you told the carriers in your registration.
Carrier registration (US 10DLC)
- US carriers require every business that texts from a local number to register a brand and a campaign. You authorise us to submit your business details (legal name, tax number, address, website and contact) to Telnyx, The Campaign Registry and the carriers for this.
- You confirm the details are accurate and will keep them up to date.
- Each business registers its own brand. You may not share your registration with another business. If you are an agency, each client registers its own.
- Registration fees (brand, vetting and a monthly campaign fee) are charged to your balance. If the carriers refuse your registration, the fee is returned.
- Carriers decide whether to approve a registration, and can take weeks. We cannot guarantee approval.
State rules
Several US states have their own telemarketing and texting laws, for example on registration, calling hours and message limits. Texas, for instance, requires some businesses that send marketing texts to register with the state. OpusFunnel has a setting that stops texts to Texas numbers. Checking and following state law is your responsibility.
Delivery
Carriers filter messages and can delay or block them. We do not guarantee that any message is delivered, or delivered on time. Do not use texting for anything where a missed message could cause harm.
WhatsApp
- WhatsApp messaging runs through Telnyx on Meta's WhatsApp Business Platform. A number is connected to WhatsApp through Meta's business sign-up, which our support runs with you, and Meta's own WhatsApp Business Platform terms govern the WhatsApp Business Account it creates. You must follow Meta's WhatsApp Business policies.
- You need the person's opt-in to message them on WhatsApp.
- Outside 24 hours from the person's last message, you can only send approved templates. OpusFunnel enforces the 24-hour window.
- Marketing templates must include a way to opt out.
- WhatsApp messages are charged per message from your balance.
- OpusFunnel's AI never replies automatically on WhatsApp. Meta restricts general-purpose AI assistants on WhatsApp; do not use it for one.
Phone numbers
- Numbers are leased to you through Telnyx, not owned. You can hold up to three per account.
- Each number has a monthly fee, taken from your balance, with the first month paid when you buy it. If the fee cannot be paid, the number may be released.
- When you release a number or close your account, the number goes back to the carrier and can be given to someone else.
- We do not currently support porting numbers out of OpusFunnel.
- Some countries require identity or address documents before a number can be issued.
Calls and the AI phone agent
- AI disclosure. Every call the AI phone agent handles opens with fixed words, in your business's name, saying the caller is speaking with an AI assistant. It cannot be switched off.
- Recording. Audio recording is off unless you switch it on. Every call opens, straight after the AI disclosure, with a notice that the call is transcribed or, if recording is on, recorded and transcribed. The agent is set up to stop the recording, or take a message instead, if a caller objects to it. You are responsible for any further notice and consent the law requires, including in states and countries where everyone on the call must agree.
- Transcripts. Calls handled by the AI phone agent are transcribed, and the transcript and a summary are kept in your account.
- Callbacks. The agent calls someone back only if they asked to be called back in the last 30 days, agreed to calls, or called or texted your business that day; only to numbers in the United States and Canada; only between 8:00 and 20:00 their local time; and never to a number that has opted out or is on your do-not-contact list. The call opens by saying it is an automated AI assistant calling for your business, whether it is recorded, how to reach you and how to stop further calls. The agent is set up to put the number on your do-not-contact list as soon as the person asks not to be called again.
- Transfers. If you set the agent to transfer calls to a person, make sure someone can answer.
- No emergency calls. OpusFunnel is not a phone service and cannot call 911, 112, 999 or any emergency number. Do not rely on it for emergencies.
- Caller ID. Calls show your OpusFunnel number. Do not try to change or hide it.
Records and retention
Keep evidence of consent for at least four years after your last message to a person, which is how long a TCPA claim can be brought. OpusFunnel keeps the consent records it captures and the messages in your account while your account exists. Call recordings (held by Telnyx) and transcripts are kept until you delete them in the app or close your account.
When you close your account, its data, including consent records, is deleted 30 days after your closure request. You can ask us for a copy of the consent records we hold for your account before then.
Outside the US
If you text or call people outside the US, follow the law where they are. In the UK and the EU, marketing texts usually need prior consent and every message needs an easy way to opt out. In Canada, CASL requires consent, identification of the sender and an unsubscribe option in every commercial message. Some countries only allow one-way messages from a business name rather than a number.
Monitoring and suspension
- We monitor opt-out and failure rates. If they cross our limits, texting from your account is paused automatically. New senders also start with a daily limit that rises over time.
- We may pause or end texting, WhatsApp or calling immediately if Telnyx, a carrier or Meta asks us to, if we receive complaints, or if we reasonably suspect a breach of these terms.
- We follow Telnyx's acceptable use policy, and it applies to your use too.
Fees
Texts, calls, numbers, WhatsApp messages and registration fees are charged to your balance at the rates shown in the app. A long text is sent in several parts and each part is charged. Fines, penalties or non-compliance fees that a carrier or Meta charges because of your messages are passed on to you.
Responsibility and indemnity
You are responsible for complying with the TCPA, the Telemarketing Sales Rule, CAN-SPAM, state telemarketing laws, carrier and CTIA rules, Meta's policies and the law in every country you message. The indemnity in our Terms covers claims, fines and carrier penalties arising from your messages and calls, and our liability limits do not apply to a breach of these Messaging Terms.
Version history: 2026-09-24, first version.
