# Tobi app - Help Center
### FAQ
#### [General](/faq/general)
* [Does Tobi support mobile browsers?](/faq/general/does-tobi-support-mobile-browsers)
* [How do I get a refund?](/faq/general/how-do-i-get-a-refund)
* [What languages does Tobi support?](/faq/general/what-languages-does-tobi-support)
* [Will Tobi slow down my website?](/faq/general/will-tobi-slow-down-my-website)
#### [SMS](/faq/sms)
* [Restricted content: marijuana, vape, alcohol](/faq/sms/restricted-content-marijuana-vape-alcohol)
* [Why are your SMS messages not being delivered?](/faq/sms/why-are-your-sms-messages-not-being-delivered)
* [Can I import my SMS subscribers from file?](/faq/sms/can-i-import-my-sms-subscribers-from-file)
* [SMS subscribers segments](/faq/sms/segments)
#### [FB Messenger](/faq/fb-messenger)
* [What’s happened to the pre-check option in the Messenger checkbox?](/faq/fb-messenger/whats-happened-to-the-pre-check-option-in-the-messenger-checkbox)
* [Why can’t I see the opt-in box on my store?](/faq/fb-messenger/why-cant-i-see-the-opt-in-box-on-my-store)
* [I’ve made changes but nothing’s happened on my store?](/faq/fb-messenger/ive-made-changes-but-nothings-happened-on-my-store)
* [When are Abandoned Cart messages sent?](/faq/fb-messenger/when-are-abandoned-cart-messages-sent)
* [Why aren’t I getting any subscribers when I use the opt-in check-box growth tools?](/faq/fb-messenger/why-arent-i-getting-any-subscribers-when-i-use-the-opt-in-check-box-growth-tools)
* [Can I import past abandoned carts into Tobi?](/faq/fb-messenger/can-i-import-past-abandoned-carts-into-tobi)
* [How do I use Tobi with Funnel Buildr?](/faq/fb-messenger/how-do-i-use-tobi-with-funnel-buildr)
#### [GDPR Compliance](/gdpr-compliance)
### TCPA verification guide
* [How TCPA affects your business](/tcpa-compliance/how-tcpa-affects-your-business)
* [TCPA compliance](/tcpa-compliance/tcpa-compliance)
* [STEP 1. Get consent to send marketing messages](/tcpa-compliance/step-1.-get-consent-to-send-marketing-messages)
* [STEP 2. Explain how the customer will receive messages](/tcpa-compliance/step-2.-explain-how-the-customer-will-receive-messages)
* [STEP 3. Obtain the customer’s phone number](/tcpa-compliance/step-3.-obtain-the-customers-phone-number)
* [STEP 4. Explain how the customer will receive messages](/tcpa-compliance/step-4.-explain-how-the-customer-will-receive-messages)
* [STEP 5. Legal documentation](/tcpa-compliance/step-5.-legal-documentation)
* [Checkout page example](/tcpa-compliance/checkout-page-example)
### Guides
* [Best timings for sending abandoned carts SMS messages](/guides/best-timings-for-sending-abandoned-carts-sms-messages)
# General
* [Does Tobi support mobile browsers?](/faq/general/does-tobi-support-mobile-browsers)
* [How do I get a refund?](/faq/general/how-do-i-get-a-refund)
* [What languages does Tobi support?](/faq/general/what-languages-does-tobi-support)
* [Will Tobi slow down my website?](/faq/general/will-tobi-slow-down-my-website)
# Does Tobi support mobile browsers?
Yes. When we designed Tobi, we made sure that all our features were available across different devices: mobile, tablet, desktop, laptop, etc.
# How do I get a refund?
We hope you are satisfied with Tobi, but if for any reason you want a refund, you will need to [approach the Tobi support team](mailto:help@tobi.ai).
# What languages does Tobi support?
Tobi supports all languages supported by Facebook. You can translate all messages and all grow tools to your chosen language.
# Will Tobi slow down my website?
No. Tobi’s code loads asynchronously, which means it will never block or slow down other parts of your website. Web page analysis tools might show you that Tobi loads after other apps, but that is how we intentionally designed it.
Your page load speed will not be impacted by Tobi, because Tobi’s assets are not on your site’s critical render path. What’s more, images and stylesheets are delivered by a global CDN to keep load time to a minimum.
# SMS
* [Why are your SMS messages not being delivered?](/faq/sms/why-are-your-sms-messages-not-being-delivered)
* [Can I import my SMS subscribers from file?](/faq/sms/can-i-import-my-sms-subscribers-from-file)
* [SMS subscribers segments](/faq/sms/segments)
# Restricted content: marijuana, vape, alcohol
Unfortunately, due to legal regulations, in the most countries SMS marketing can’t be used to promote marijuana-related products and brands as well as vape-related products and alcohol. That messages are being blocked on the provider level, so we won't be able to enable SMS campaigns/automations for shops that are selling products related to marijuana, vape, alcohol.
We apologize for the inconvenience and rely on your understanding.
# Why are your SMS messages not being delivered?
When you send out an SMS marketing campaign with Tobi, you may find that not all of your messages will get delivered. There are several reasons as to why this occurs, and we’ll cover the main ones below.
**1. Sending was scheduled during ‘do not disturb hours’**
Text message marketing laws state that you can’t send your subscribers a text before 8 am in the morning and after 9 pm at night as per their local timezone. The Telephone Consumer Protection Act (TCPA) has strict rules about this and other matters relating to advertising via text. [Read about TCPA compliance.](/tcpa-compliance/tcpa-compliance)
If you’ve scheduled your SMS campaign to be delivered during ‘do not disturb hours’, your campaign will pause during that time. As soon as that time period is over, your SMS campaign will resume.
**2. Phone number no longer active**
Sometimes, people switch to a new phone number. When this happens, there’s no way to deliver a text message. If you find any inactive numbers in your database, you should ask your subscriber (by email if you also have this information) to update their contact information (and remove the old number from your list).
**3. The subscriber was temporarily absent**
Phone handsets can occasionally become unavailable, which is known as a temporary error. In this case, Tobi will attempt to send your SMS campaign to affected subscribers at a later time.
**4. The subscriber has blocked your messages**
This does happen from time to time, even if the subscriber hasn’t unsubscribed from your database. When you get a deliverability error like this, you must remove the subscriber’s number from your list.
**5. Your message has been blocked by anti-spam filters**
Some carriers may divert your SMS message to spam if there are any indicators that you’re sending unwanted text messages. This may happen if you’ve had messages reported as spam in the past, or are sending out lots of text messages to your subscribers in a short period of time.
**6. Subscriber age restriction**
Text messages to underage recipients are automatically blocked by the carrier if this information is known.
**7. A network error has occurred**
Text messages are delivered over a cellular network. If the network is down for some reason, your campaign may not be delivered. In this case, Tobi will try to resend your campaign later.
**8. Your message contains ‘illegal code’**
If there is an error in one of your text message parameters, for example, the wrong encoding flag, this will render your campaign as containing ‘illegal code’. It can’t be delivered until this problem is rectified.
**9. Portability error**
SMS messages may go undelivered if a subscriber is experiencing problems with porting their number across to a new mobile network provider.
**10. The handset is busy**
If the handset is ‘busy’ at the time of sending the SMS, it may not be delivered. In this case, Tobi will retry later.
**11. Unroutable error**
Sometimes the API platform that Tobi uses is unable to find a suitable carrier to deliver your SMS message.
**12. The destination cannot be reached**
This type of error may occur when there is an issue with the subscriber’s phone number.
**13. The subscriber doesn’t have enough credit**
If the subscriber is on a prepaid plan, they may not have enough credit to receive your SMS campaign.
**14. The SMS message is undeliverable for reasons unknown**
Occasionally, SMS messages are not able to be delivered for another reason that can’t be determined. Usually though, SMS deliverability is affected by known reasons such as those mentioned above.
**15. You’ve accidentally unsubscribed from campaign messages**
We encourage Tobi users to test out their SMS campaigns before hitting the send or schedule button. When testing your SMS campaign, you may click on the unsubscribe link to check that it’s working. Just make sure you that you don’t accidentally unsubscribe yourself from future messages - this is a common reason why merchants don’t receive SMS messages going forward.
**How to make sure your SMS campaigns are delivered**
As you can see, SMS messages can go undelivered for several reasons. To ensure that your SMS campaigns have the best chance of being delivered, do the following:
* Check your subscriber database periodically and remove any numbers that are consistently being flagged as undeliverable - these are likely to be out-of-date or incorrect.
* Avoid sending too many SMS campaigns in a short period of time, as this can lead to your messages being reported as spam.
* Schedule your SMS campaigns to be sent during active hours, and not ‘do not disturb hours’, according to your subscriber’s local timezone.
If you need any assistance with setting up SMS campaigns or advice on cleaning up your subscriber list, please reach out to our support team.
# Can I import my SMS subscribers from file?
Yes, you can, with a few conditions.
As follows:
1. You must be able to prove that your subscribers were collected in a lawful way using screenshots and data showing how and when consent was captured.
2. You can only import those SMS subscribers collected during the past year (no earlier than one year ago).
3. Finally, if you used a third-party SMS provider before Tobi, you’ll need to provide us with a list of unsubscribed phone numbers.
# SMS subscribers segments
Segments allow you to segment your SMS subscribers into different groups, for example, according to how much money they’ve spent, how many orders they’ve placed, subscriber location and more.
**Segmenting your SMS subscribers means that you can send more targeted text messages to your subscribers, according to where they are in the customer journey. Targeted text messages can drastically improve your conversions, and in turn, boost sales for your store!**
You can filter your SMS subscribers according to:
* Money spent
* Number of orders they’ve placed
* Whether they’ve placed an order (or not)
* The date the SMS subscriber was created
* Whether they accept marketing messages
* What they’ve been tagged with
* Where they’re located
* If they’ve clicked a link
Within your Tobi dashboard, you’ll see that we’ve already set up certain segments for you; these are applied automatically:
* Active subscribers
* Accepts marketing (Yes), Clicked a link (Yes)
* Converted subscribers
* Accepts marketing (Yes), Number of orders (Greater than 0)
# FB Messenger
* [What’s happened to the pre-check option in the Messenger checkbox?](/faq/fb-messenger/whats-happened-to-the-pre-check-option-in-the-messenger-checkbox)
* [Why can’t I see the opt-in box on my store?](/faq/fb-messenger/why-cant-i-see-the-opt-in-box-on-my-store)
* [I’ve made changes but nothing’s happened on my store?](/faq/fb-messenger/ive-made-changes-but-nothings-happened-on-my-store)
* [When are Abandoned Cart messages sent?](/faq/fb-messenger/when-are-abandoned-cart-messages-sent)
* [Why aren’t I getting any subscribers when I use the opt-in check-box growth tools?](/faq/fb-messenger/why-arent-i-getting-any-subscribers-when-i-use-the-opt-in-check-box-growth-tools)
* [Can I import past abandoned carts into Tobi?](/faq/fb-messenger/can-i-import-past-abandoned-carts-into-tobi)
* [How do I use Tobi with Funnel Buildr?](/faq/fb-messenger/how-do-i-use-tobi-with-funnel-buildr)
# What’s happened to the pre-check option in the Messenger checkbox?
Up until recently, some businesses have been able to pre-check the Messenger checkbox which appears under the add-to-cart button on product pages. Facebook previously allowed this box to be checked by default, but as of 9th April 2019, this feature has been removed. Note that the checkbox feature is still there, it’s just the pre-check by default option that’s gone.
Everything else to do with the Messenger checkbox remains the same. You can still get opt-ins using the discount opt-in checkbox or the opt-in model popup. (These can be set up in the “Growth Tools” section in Messenger.)
# Why can’t I see the opt-in box on my store?
A shop can only have one Messenger app enabled, otherwise they interfere with each other.
If you can’t see the opt-in box, you might have more than one Messenger app installed, or the Shopify Messenger channel is enabled.
1\. Check for apps and delete any unused ones.
2\. Check if the Shopify channel is enabled. If it is, turn it off.
# I’ve made changes but nothing’s happened on my store?
First, make sure you’ve cleared your browser cache. You can usually do this by pressing CTRL + F5. Otherwise, you can find the option in your browser preferences.
We have a very strong cache system, and this enables your shop to load faster. It means that every change has to be cleared before you test.
How to clear cache:
1. Go to your website
2. Hold down CTRL + F5. The website will reload and the cache should be cleared.
If this doesn’t resolve the problem, please contact our support team by email .
# When are Abandoned Cart messages sent?
Tobi sends Abandoned Cart messages when users opt-in via one of the growth tools:
1. Opt-in check-box
2. pop-up
3. Facebook customer chat
Once users opt-in, if they abandon a cart they will receive a message after a time specified by you (you can set this on the Tobi dashboard).
# Why aren’t I getting any subscribers when I use the opt-in check-box growth tools?
Facebook rules stipulate that a user becomes a subscriber as soon as he replies to your message, or sends a message himself.
Only people who send the message become your subscribers.
**How does this work?**
1. User visits your website and checks the opt-in check-box. When that happens, Facebook gives us a temporary ID, which we can use to send messages within 48 hours.
2. Tobi sends the message. This can be any message, such as abandoned carts or something else.
The user has to reply in order to become a permanent subscriber. Once he’s replied, you’ve got a new subscriber.
Alternatively, the user has to write a Messenger message himself.
# Can I import past abandoned carts into Tobi?
It depends on the tool you’re using.
**Yes You can import SMS subscribers** - simply choose a period from 7, 14 or 31 days, or lifetime period.
**No for Facebook Messenger.** Tobi only works with carts that were abandoned after Tobi was installed. In order to make the most of all Tobi features, we need more information about the abandoned carts than what is provided.
# How do I use Tobi with Funnel Buildr?
If you are using Funnel buildr and want to use Tobi messenger opt-in checkbox within your funnel pages, you will have to set up a few custom settings.
1\. Go to your Tobi app settings section and at the bottom of the page you will find your custom javascript in "My custom script" section.
Copy the code and put It inside \
```
2\. Go to your Funner buildr app and choose a funnel you want to add messenger javascript to.
In settings menu select "Custom body script" menu element, paste your javascript code and hit "Save changes".
3\. Choose a place where you want the opt-in checkbox to be visible (we recommend under "Add to cart" button) and add our custom div there.
```
```
Hit save and you're all ready to go!
If you need any help with setting up Tobi with Funnel Buildr, you can always message us using our customer chat.
# GDPR compliance
has been updated on Sep 24, 2021
GDPR is an European data protection and privacy regulation that became law in May 2018. This law protects the privacy and personal data of individuals within the European Union, as well as addresses the export of data outside of EU borders.
GDPR puts privacy in the hands of European citizens and centralizes the rules and processes businesses must follow in order to guard and respect the interests of the European people
This help post will give you some insight on how to abide GDPR regulations by telling you:
* **How to update your Privacy Policy**
* **How to get End User consent**
* **How to setup Unsubscribing**
###
### How to update your Privacy Policy
Below let's see the steps you need to take to update your privacy policy so it complies with GDPR.
In the Privacy Policy text box, you can write your own privacy policy, or click on Create from template to use a sample one. You should also copy and paste the following text:
> We are using a text messaging platform, which is subject to the following terms and conditions. By opting-in for our text marketing and notifications, you agree to these terms and conditions.
>
> By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase.
>
> Your phone number, name and purchase information will be shared with our SMS platform TobiBot OÜ, an European Union company with office at Tallinn, Estonia. This data will be used for sending you targeted marketing messages and notifications. Upon sending the text messages, your phone number will be passed to a text messages operator to fulfill their delivery.
>
> If you wish to unsubscribe from receiving text marketing messages and notifications reply with **STOP** to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
>
> For any questions please contact us for more information.
###
### How to get End User consent
In order to send text marketing and automation messages you need to have legally gathered the End User's phone numbers first. When talking about legally we refer to the customer giving you an explicit "Prior Written Consent".
In this case, you’ll need to capture data in such a way that allows you to gain explicit consent, for example, through an “opt-in” box. You should have verifiable proof of that consent, such as a timestamp which shows the End User’s location, and the date/time of when consent was given.
Once you’ve obtained legal consent, you must only use the data for the specific purpose you’ve identified. Should the End User ever want to see what data you’re holding about them or get themselves removed from your database, you’re obliged to meet these requirements.
###
### How to setup Unsubscribing
GDPR requires Customers to honor opt-out requests.
#### End User data removal
Tobi allows you to remove or “forget” individual End Users as and when needed, the latter function complying with the End User’s right to be forgotten. A bulk delete option is also available too.
Tobi automatically unsubscribes all End Users who reply to text messages with “**STOP**” or click on the unsubscribe link in their text message. You can also unsubscribe End Users manually in Lists & Segments in the Tobi app.
#### TobiBots adheres to the national DND (Do Not Disturb) register each time a message is sent.
Rest assured that no marketing campaigns will be sent unless they contain a clearly written text giving End Users a way to opt out.
If an End User changes their mind and wishes to opt in to receive text marketing again, all they need to do is respond to a text message with “**JOIN**.”
### CONTACT US
If you have any questions, the practices of Platform or/and Services, please contact us at .
TobiBots OÜ\
Sepapaja 6, Tallinn 15551\
Estonia
# TCPA compliance
This is important information about your Shopify Checkout Settings and the Telecommunications Consumer Protection Act (TCPA).
### What is the TCPA?
The TCPA dictates how companies in the United States can legally contact customers and subscribers.
It requires all consumers to “express written consent” prior to receiving SMS messages. This includes all text messages that are sent through Tobi. You can read more about the TCPA [here](https://api.ctia.org/docs/default-source/default-document-library/170119-ctia-messaging-principles-and-best-practices.pdf).
### How does the TCPA effect my use of Tobi?
Before continuing to use Tobi to send text campaigns, your Shopify Checkout Settings must be in compliance with the TCPA.
Your ability to send SMS messages through Tobi may be suspended until the following steps are taken.
### How do I become TCPA compliant?
Please complete a few simple steps and click the button ‘Verify’. Our team will take a look at your submission immediately during working hours. It might take up to 12 hours to verify if you submit this after working hours.
**Start verification**
1. [Get consent to send marketing messages (Step 1)](/tcpa-compliance/step-1.-get-consent-to-send-marketing-messages)
2. [Explain how the customer will receive messages (Step 2)](/tcpa-compliance/step-2.-explain-how-the-customer-will-receive-messages)
3. [Obtain the customer’s phone number (Step 3)](/tcpa-compliance/step-3.-obtain-the-customers-phone-number)
4. [Explain how the customer will receive messages (Step 4)](/tcpa-compliance/step-4.-explain-how-the-customer-will-receive-messages)
5. [Legal documentation (Step 5)](/tcpa-compliance/step-5.-legal-documentation)
6. [Checkout page Example](/tcpa-compliance/checkout-page-example)
# How TCPA affects your business
The TCPA stands for the [Telephone Consumer Protection Act](https://en.wikipedia.org/wiki/Telephone_Consumer_Protection_Act_of_1991). It’s a U.S. federal law that restricts how marketers and companies can legally contact their customers or prospects via Automatic Telephone Dialing Systems (ATDS), prerecorded voice messages (robocalls), SMS messages and by fax.
Enacted by the Federal Communications Commission (FCC) in 1991, the TCPA is a strong statute, designed to protect consumers from text message and telemarketing spam. It means that companies can’t promote their products or services to anyone without getting that person’s prior express written consent, even if that person has already provided their contact details during the establishment of a business relationship.
As a Shopify merchant (Customer), you’ll automatically collect user (End User) details during the checkout process. So you need to be aware that you can’t just use go ahead and use those details for advertising your store and brand unless you’ve explicitly received your customer’s written or digital consent first.
### **Who are the rules for?**
If you’re a Shopify merchant (Customer) sending marketing-based text messages to people in the U.S. and Canada, you’re legally obliged to make sure you’re TCPA compliant.
It makes sense to follow the messaging principles and best practice guidelines set out by CTIA, as these are designed to protect End Users from spam text messages.
If you have End Users that reside in the EU, you will also need to make sure your marketing messages are GDPR compliant. Read [this article](/gdpr-compliance) for more information.
The Shopify checkout page is the ideal place to attract subscribers who want to hear about great offers and deals running in your store. By making a few simple changes to the way you collect customer data and to the checkout language that you use, you can achieve the necessary compliance that’ll keep both a federal court and your subscribers happy.
### **What TCPA rules do you need to know about?**
The key rules under the TCPA mean that unless the recipient has given their prior express written consent, in respect of advertising and marketing purposes, you must:
* Not call a residence before 8 am or after 9 pm (local time).
* Keep a Do Not Call (DNC) list of End Users who don’t wish to be contacted, and those requests must be honored for five years.
* Not contact a wireless number using auto-dialed or prerecorded calls or texts.
* Not contact a wired number (landline) using an autodialer or prerecorded voice system.
* Not send unsolicited marketing faxes.
* Provide an opt-out mechanism so recipients can easily withdraw their consent.
A detailed summary of the TCPA rules can be found [here](https://www.fcc.gov/sites/default/files/tcpa-rules.pdf) and if you fancy a lengthier read, here’s [the statute in its entirety. ](https://www.law.cornell.edu/uscode/text/47/227)
### **What are the implications of violating TCPA rules?**
It’s possible for someone to file a lawsuit against you if you’re in breach of the TCPA. You could receive a fine of $500 for each violation. In extreme cases, where the violation is particularly excessive, fines may be imposed of up to $1,500 for each violation (three times the damages). The recipient may also seek an injunction.
Such fines can significantly mount up, as Papa Johns found out a few years ago. The pizza giant settled a[ class action lawsuit](https://www.businessnewsdaily.com/5288-text-message-marketing.html) for an alleged $16.5 million after sending 500,000 illegal text messages.
### **TCPA SMS compliance**
If SMS campaigns are high up on your list of marketing activities, you might be wondering exactly what the TCPA SMS rules are, and how you can make sure your Shopify store is compliant.
When the TCPA was first established, text messages weren’t a thing, so they weren’t specifically mentioned in the legislation. Think back to 1991.[ Mobile phones were just emerging](https://www.knowyourmobile.com/retro/the-history-of-mobile-phones-from-1973-to-2008-the-handsets-that-made-it-all-happen-d58/), in fact, the first mass-produced mobile (the Nokia 1011) wasn’t even released until 1992.
Fast forward to today, and text messages are considered the same as phone calls, according to the FCC. The TCPA rules have since been revised and now extend to text messaging.
Here’s what you need to know about TCPA SMS rules in general:
#### **1. Automatic opt-ins are a no-no**
First and foremost, in order to send your End Users marketing text messages, you must obtain their prior express written consent. This can be via digital methods, such as a contact form, an email or a text. But the point is, the End Users must willingly opt-in to receive such communications.
If you obtain such consent on the checkout page, where the End Users confirm their consent by checking the box next to: “I agree to receive marketing text messages from \[BRAND\_NAME]”, you must ensure that such consent was obtained in accordance with the requirements of the CTIA and TCPA, that is, it must be “an explicit consent and be provided specifically in relation to the distribution of messages”.
**Obtaining the user's consent to send the messages (in the subheading) together with obtaining consent for a discount (in the heading) can be regarded as “misleading the Users”. If it is proven, the Party is entitled to denounce such agreement and claim damages in accordance with the law.**
#### **2. Be clear about the messages you intend to send**
When getting opt-ins, you must be specific about the type of text messages you’ll be sending including how often the subscriber is likely to receive them from you.
#### **3. Keep an audit trail**
TCPA rules state that you must keep records of consent from each End User.
#### **4. End Users must be able to easily withdraw consent**
You must provide End Users with an opt-out mechanism that enables them to opt-out at any time, and provide instructions on how to do this. You must also provide a way for the subscriber to ask for help.
#### **5. Send marketing messages only at appropriate times**
Specifically that means not sending your End Users any messages before 8 am in the morning and after 9 am at night (according to their local time zone).
### **What is the CTIA, and why should you care?**
You may have heard of the Cellular Telecommunications and Internet Association (CTIA) before, particularly in relation to the TCPA. The CTIA is a trade association, run by wireless carrier companies like T-Mobile and AT\&T. It aims to protect consumers from unwanted messaging traffic.
Unlike the TCPA, the CTIA isn’t law. But it provides a set of[ best practice messaging guidelines](https://api.ctia.org/docs/default-source/default-document-library/170119-ctia-messaging-principles-and-best-practices.pdf) that you should adhere to when you carry out SMS marketing campaigns. Those guidelines include making sure you’re requesting written consent for marketing messages and that you provide an opportunity for subscribers to revoke consent using keywords like “STOP” and ask for help with a keyword like “HELP”. You should also ensure you provide disclosures such as message and data rates.
While you can get sued if you’re found in breach of the TCPA, you can’t if you violate CTIA messaging principles. However, wireless carriers can block unwanted messaging traffic as they see fit, which will stop your SMS marketing campaign in its tracks.
### **How to ensure your marketing is TCPA compliant**
The TCPA, with it being federal law, is the main issue to worry about when running SMS campaigns. Following the CTIA messaging principles will stand you in good stead for being TCPA compliant. It’s well worth taking some time to familiarize yourself with the TCPA rules and the CTIA messaging guidelines to make sure you fully understand them.
Automated marketing apps like [Tobi](https://apps.shopify.com/tobi) can help you meet your compliance obligations. Both apps prompt you to put in place the required permissions, opt-out mechanism and transparent marketing language as you gather sign-ups and deliver your SMS campaigns.
### **Best practices to follow for being TCPA and CITA compliant**
To make sure Shopify stores are TCPA/CTIA compliant for when you send marketing messages, you should request consent from End Users at the point where they hand over their phone number to you.
You can ask End Users to sign-up to your marketing messages in a TCPA-compliant way as they go through your checkout process.
### **SMS marketing terms and conditions**
Within your Shopify store’s full terms and conditions, you should have a section that’s dedicated to your SMS marketing practices. There you should set out exactly how you’ll be contacting your End Users by text message in relation to promotional messages. We recommend you consult a legal professional who is familiar with the TCPA to help you put together the right legal wording for this.
Once you have consent, and you begin sending marketing campaigns, you should provide an opportunity to opt-out or ask for help, in every message that you send.
# STEP 1. Get consent to send marketing messages
In the first instance, you’ll need to arrange for your marketing sign-up option to be shown at checkout.
To do this, visit:
**Settings >** **Checkout** and scroll down to find **Form options**
Change the Shipping address phone number to **Optional.**
Then, save the changes by clicking the **Save** button at the top of that page.
Scroll down to find **Email Marketing.**
Ensure that **Show a sign-up option at checkout** is checked and that the **Preselect the sign-up option** isn’t checked. See the screenshot below.
**Save your changes** by clicking the Save button located at the top of this page.
Next step - [**Explain how the customer will receive messages (Step 2)**](/tcpa-compliance/step-2.-explain-how-the-customer-will-receive-messages)
\------
**Verification guide:**
1. [Get consent to send marketing messages (Step 1)](/tcpa-compliance/step-1.-get-consent-to-send-marketing-messages)
2. [Explain how the customer will receive messages (Step 2)](/tcpa-compliance/step-2.-explain-how-the-customer-will-receive-messages)
3. [Obtain the customer’s phone number (Step 3)](/tcpa-compliance/step-3.-obtain-the-customers-phone-number)
4. [Explain how the customer will receive messages (Step 4)](/tcpa-compliance/step-4.-explain-how-the-customer-will-receive-messages)
5. [Legal documentation (Step 5)](/tcpa-compliance/step-5.-legal-documentation)
6. [Checkout page Example](/tcpa-compliance/checkout-page-example)
# STEP 2. Explain how the customer will receive messages
To do this, visit:
**Settings >** **Checkout** and scroll to the **Checkout language area.**\
\
Click on **Manage checkout language.**
Look for **Accept marketing checkbox label** via search or scroll down until you find **Checkout marketing**
In the field labeled **Accept marketing checkbox label,** copy the text below and paste it into the box where prompted:
#### I agree to receive marketing text messages and emails from \[BRAND\_NAME]
Next step - [**Obtain the customer’s phone number (Step 3)**](/tcpa-compliance/step-3.-obtain-the-customers-phone-number)
\------
**Verification guide:**
1. [Get consent to send marketing messages (Step 1)](/tcpa-compliance/step-1.-get-consent-to-send-marketing-messages)
2. [Explain how the customer will receive messages (Step 2)](/tcpa-compliance/step-2.-explain-how-the-customer-will-receive-messages)
3. [Obtain the customer’s phone number (Step 3)](/tcpa-compliance/step-3.-obtain-the-customers-phone-number)
4. [Explain how the customer will receive messages (Step 4)](/tcpa-compliance/step-4.-explain-how-the-customer-will-receive-messages)
5. [Legal documentation (Step 5)](/tcpa-compliance/step-5.-legal-documentation)
6. [Checkout page Example](/tcpa-compliance/checkout-page-example)
# STEP 3. Obtain the customer’s phone number
Ensure the contact section includes a field where the customer can input their phone number.
Search for **Phone label.** In the fields called **Phone label** and **Optional phone label** paste the following:
#### Phone - mark the above checkbox to get SMS updates.
Then save the changes by clicking the **Save** button at the top of that page.
Next step - [**Explain how the customer will receive messages (Step 4)**](/tcpa-compliance/step-4.-explain-how-the-customer-will-receive-messages)
\------
**Verification guide:**
1. [Get consent to send marketing messages (Step 1)](/tcpa-compliance/step-1.-get-consent-to-send-marketing-messages)
2. [Explain how the customer will receive messages (Step 2)](/tcpa-compliance/step-2.-explain-how-the-customer-will-receive-messages)
3. [Obtain the customer’s phone number (Step 3)](/tcpa-compliance/step-3.-obtain-the-customers-phone-number)
4. [Explain how the customer will receive messages (Step 4)](/tcpa-compliance/step-4.-explain-how-the-customer-will-receive-messages)
5. [Legal documentation (Step 5)](/tcpa-compliance/step-5.-legal-documentation)
6. [Checkout page Example](/tcpa-compliance/checkout-page-example)
# STEP 4. Explain how the customer will receive messages
Look for **Privacy** policy label via search or Scroll down until you find Checkout & system
In the field labelled **Privacy policy,** copy the text below and paste it into the box where prompted:
#### Sell only in USA:
Privacy policy | \*- By providing my number and/or email, I electronically agree, that Toby on behalf of \[BRAND\_NAME] may use automated means to send recurring mobile messages/emails. Additional mobile messages/emails may be sent periodically based on your interactions with us. Not more than 5 SMS messages or emails per week. MSG & data rates may apply. Reply STOP to unsubscribe or HELP or help. Alternatively, click the unsubscribe URL provided to unsubscribe.\
\
\----------------------------------------
#### Sell Worldwide (except USA, Canada):
If you don't send SMS messages to USA you can use this copy
Privacy policy | \*- By providing my number and/or email, I electronically agree, that Toby on behalf of \[BRAND\_NAME] may use automated means to send recurring mobile messages/emails. Additional mobile messages/emails may be sent periodically based on your interactions with us. Not more than 5 SMS messages or emails per week. MSG & data rates may apply. **Click the unsubscribe URL provided to unsubscribe.**
Next step **-** [Legal documentation (Step 5)](/tcpa-compliance/step-5.-legal-documentation).
\------
**Verification guide:**
1. [Get consent to send marketing messages (Step 1)](/tcpa-compliance/step-1.-get-consent-to-send-marketing-messages)
2. [Explain how the customer will receive messages (Step 2)](/tcpa-compliance/step-2.-explain-how-the-customer-will-receive-messages)
3. [Obtain the customer’s phone number (Step 3)](/tcpa-compliance/step-3.-obtain-the-customers-phone-number)
4. [Explain how the customer will receive messages (Step 4)](/tcpa-compliance/step-4.-explain-how-the-customer-will-receive-messages)
5. [Legal documentation (Step 5)](/tcpa-compliance/step-5.-legal-documentation)
6. [Checkout page Example](/tcpa-compliance/checkout-page-example)
# STEP 5. Legal documentation
Please note: we are not a certified legal advisor so we encourage you to hire or consult your legal advisor who is familiar with TCPA before pasting our legal texts.
Lastly, you should add a link to Tobi's SMS program Terms of service and Privacy policy to your own Terms and Privacy policy. To do so, please visit your Shopify admin panel:
**Settings > Legal** and scroll down to find **Privacy policy** and **Terms of service.**
In the field labeled **Privacy policy,** copy the text below and paste it into the box after your main Privacy Policy text:
> **SMS marketing:** By providing my number and/or email, I electronically agree, that Tobi on behalf of \[ BRAND ] may use automated means to send recurring mobile messages/emails. Additional mobile messages/emails may be sent periodically based on your interactions with us. Not more than 5 SMS messages or emails per week. MSG & data rates may apply. Reply STOP to unsubscribe or HELP to help. Alternatively, click the unsubscribe URL provided to unsubscribe.
>
> For more info view our SMS mobile messaging marketing program privacy policy:
In the field labeled **Terms of service,** copy the text below and paste it into the box after your main Terms of Service text:
> **SMS marketing:** SMS mobile message marketing program terms and conditions
If you'd like, you could use our template for your Terms of service, if you don't have it yet. You can find it [here](/tcpa-compliance/step-5.-legal-documentation/model-agreements-to-help-you-update-your-terms-of-service).
**Verification guide:**
1. [Get consent to send marketing messages (Step 1)](/tcpa-compliance/step-1.-get-consent-to-send-marketing-messages)
2. [Explain how the customer will receive messages (Step 2)](/tcpa-compliance/step-2.-explain-how-the-customer-will-receive-messages)
3. [Obtain the customer’s phone number (Step 3)](/tcpa-compliance/step-3.-obtain-the-customers-phone-number)
4. [Explain how the customer will receive messages (Step 4)](/tcpa-compliance/step-4.-explain-how-the-customer-will-receive-messages)
5. [Legal documentation (Step 5)](/tcpa-compliance/step-5.-legal-documentation)
6. [Checkout page Example](/tcpa-compliance/checkout-page-example)
# Terms of Service template
OUR RECOMMENDATION FOR TCPA and CITA COMPLIANCE
After you have reviewed the relevant TCPA legislation and CITA guidelines overview you should ensure your relationship with your text message subscribers is subject to a binding Terms of Service Agreement and Privacy Policy. We have drafted model agreements that you can use for your store.
**Disclaimer: We make no representation and warranty regarding their accuracy and no attorney-client relationship is created by providing these agreements. You are encouraged to consult your own legal counsel familiar with the TCPA before finalizing and posting your consumer agreements.**
To update your Terms of Service, go to Settings > Legal in your Shopify admin and scroll down to the Terms of Service section inside of your Shopify store setting section. If you don’t have a Terms of Service yet, click on Create from template and make sure to edit all of the \[BRACKETED] sections appropriately.
Paste the following into your Terms of Service as an additional section. Be sure to properly edit the four bold \[bracketed] terms below:
> **\[ COMPANY LEGAL NAME ]** (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
>
> **User Opt In:** The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
>
> **User Opt Out:** If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
>
> **Duty to Notify and Indemnify:** If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, i f you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
>
> YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
>
> **Program Description:** Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of **\[ DESCRIBE COMPANY’S GOODS/SERVICE OFFERINGS – THIS SHOULD BE BROAD AND GENERAL TO ENCOMPASS AND TYPE OF MESSAGE YOU MAY SEND. MESSAGES OUTSIDE OF THIS SCOPE MAY NOT BE ALLOWED UNDER THE TCPA ]**.
>
> **Cost and Frequency:** Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
>
> **Support Instructions:** For support regarding the Program, text “HELP” to the number you received messages from or email us at **\[ COMPANY’S CUSTOMER SERVICE EMAIL ADDRESS ]**. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
>
> **Our Disclaimer of Warranty:** The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
>
> **Participant Requirements:** You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
>
> **Age Restriction:** You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
>
> **Prohibited Content:** You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:\
> \- Any fraudulent, libellous, defamatory, scandalous, threatening, harassing, or stalking activity; \
> \- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;\
> \- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;\
> \- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;\
> \- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and\
> \- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.\
> \
> **Dispute Resolution:** In the event that there is a dispute, claim, or controversy between you and Us, or between you and TobiBots OÜ or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in **\[ COMPANY’S CITY, STATE ]** before one arbitrator.\
> \
> The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which **\[ COMPANY NAME ]**’s principle place of business is located, without regard to its conflict of laws rules.\
> \
> Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.\
> \
> **Miscellaneous:** You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. 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 this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
>
> **SMS marketing: f**or more info view our SMS mobile messaging marketing program privacy policy:
We hope this was helpful to you.\
If you have any questions, please contact us at .
# Checkout page example
Please note We are not a certified legal advisor so we encourage you to hire or consult your legal advisor who is familiar with TCPA before pasting our legal texts.
Here is an example of how a checkout looks after all of these steps are taken:
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**Verification guide:**
1. [Get consent to send marketing messages (Step 1)](/tcpa-compliance/step-1.-get-consent-to-send-marketing-messages)
2. [Explain how the customer will receive messages (Step 2)](/tcpa-compliance/step-2.-explain-how-the-customer-will-receive-messages)
3. [Obtain the customer’s phone number (Step 3)](/tcpa-compliance/step-3.-obtain-the-customers-phone-number)
4. [Explain how the customer will receive messages (Step 4)](/tcpa-compliance/step-4.-explain-how-the-customer-will-receive-messages)
5. [Legal documentation (Step 5)](/tcpa-compliance/step-5.-legal-documentation)
6. [Checkout page Example](/tcpa-compliance/checkout-page-example)
# Best timings for sending abandoned carts SMS messages
Follow our guide here to get the best return on investment.
**The best time to send is shortly after someone abandons their cart**
Our stats show that you will the most reactions 50 minutes after a person has abandoned their shopping cart - equating to a 42% ROI.
**Follow up abandoned cart alert**
Your next reminder should be sent out at around 8 hours after that person abandons their cart. You can expect an ROI of over 23%.
**What to expect the following day**
If you send a reminder out at 23 hours post the time when a person abandons their cart, you can expect a 15.8% ROI.
Based on these stats, we recommend sending out three abandoned cart alerts using 50 minute, 8 hour and 23 hour timings.