TCPA & Lead Source Compliance Addendum

1. Purpose

Provider offers AI-powered communication services, including SMS appointment setting, lead nurturing, automated follow-up, appointment reminders, CRM automation, AI conversational messaging, and marketing automation. Because Provider relies upon data supplied by Client, Client assumes primary responsibility for ensuring compliance with all applicable laws governing marketing communications.

2. Client Responsibility for Consent

Client represents and warrants that prior to uploading any contact into Provider's systems, Client has obtained all legally required permissions, consents, authorizations, and disclosures necessary to communicate with such individuals. Client further represents that all communications initiated through Provider's systems are authorized under applicable law. Provider does not independently verify consent.

3. TCPA Compliance Representations

Client represents and warrants that all contacts uploaded to the platform satisfy all applicable requirements under the Telephone Consumer Protection Act (TCPA), Federal Communications Commission (FCC) regulations, CTIA Messaging Principles and Best Practices, state telemarketing laws, Do-Not-Call regulations, and applicable privacy laws. Client agrees to remain responsible for monitoring future regulatory changes affecting its business.

4. Acceptable Lead Sources

Client represents that all uploaded leads originate from lawful and consent-based sources including:

• Website opt-in forms
• Lead generation forms
• Social media lead forms
• Appointment requests
• Existing customer relationships
• Customer inquiries
• Referral submissions
• Event registrations
• Webinar registrations
• Newsletter subscriptions
• Direct business inquiries

5. Prohibited Lead Sources

Client shall not upload, import, or utilize:

• Purchased lead lists lacking documented consent
• Scraped phone numbers
• Harvested contact databases
• Public-directory phone numbers
• Randomly generated phone numbers
• Contacts acquired through deceptive practices
• Contacts lacking consent documentation

6. Consent Documentation Requirements

Client shall maintain records sufficient to demonstrate lawful consent, including the date and time consent was obtained, source URL, landing page used, form language presented, IP address (where available), opt-in timestamp, consent checkbox records, and lead source attribution. Such records shall be maintained for a minimum of five (5) years or longer if required by law.

7. Opt-Out Compliance

All opt-out requests shall be honored promptly. Opt-out keywords include but are not limited to STOP, UNSUBSCRIBE, CANCEL, END, and QUIT. Contacts who revoke consent shall not be re-added unless new consent is obtained.

8. Do-Not-Call Compliance

Client shall maintain compliance with the Federal Do Not Call Registry requirements, state-specific Do Not Call regulations, internal suppression lists, and company-specific opt-out lists. Client remains solely responsible for verifying eligibility to contact any individual.

9. A2P 10DLC Compliance

Client agrees that all messaging campaigns must comply with carrier requirements, including accurate campaign registration, proper brand registration, approved use cases, message content restrictions, and opt-out language requirements. Provider reserves the right to disable campaigns that may jeopardize carrier compliance.

10. Industry-Specific Compliance

Client acknowledges that additional requirements may apply to regulated industries, including financial services (securities regulations, record retention, advertising restrictions), insurance (state insurance regulations, marketing disclosures), legal services (attorney advertising rules, solicitation restrictions), and healthcare (HIPAA obligations, patient privacy requirements). Client remains solely responsible for compliance with industry-specific regulations.

11. Client Audit Obligation

Upon reasonable request, Client shall provide documentation demonstrating consent collection methods, lead source documentation, opt-in records, and compliance procedures. Failure to provide adequate documentation may result in suspension or termination of services.

12. Complaint Handling

Client agrees to promptly notify Provider regarding TCPA complaints, regulatory inquiries, demand letters, lawsuits, carrier complaints, and consumer complaints. Provider may suspend messaging activity pending investigation.

13. Indemnification

Client agrees to defend, indemnify, and hold harmless Blue Engine, its owners, officers, employees, contractors, affiliates, successors, and assigns from and against any claims, damages, liabilities, settlements, judgments, penalties, costs, expenses, and attorney fees arising from lead source violations (improper lead acquisition, purchased lead lists, lack of consent), messaging violations (TCPA, FCC, CTIA, state telemarketing violations), regulatory actions (investigations, enforcement actions, administrative proceedings), and consumer claims (class action lawsuits, individual lawsuits, demand letters, consumer complaints). This indemnification obligation survives termination of services.

14. Limitation of Provider Responsibility

Blue Engine acts solely as a technology provider and communication platform. Blue Engine does not generate Client leads, does not obtain Client consent, does not verify lead legality, and does not warrant legal compliance of Client data. Client assumes full responsibility for all contact data uploaded to the platform.

15. Right to Suspend Services

Blue Engine reserves the right to immediately suspend messaging services if it reasonably believes messaging activity violates law, consent is inadequate, lead sources are questionable, carrier requirements are being violated, or Client activity creates excessive legal risk. Blue Engine shall have no liability arising from such suspension.

16. Client Acknowledgment

By using the services, Client acknowledges and agrees that:

• Client is solely responsible for obtaining and maintaining legally sufficient consent.
• Client is solely responsible for lead acquisition methods.
• Client is solely responsible for compliance with TCPA, FCC, CTIA, carrier rules, state telemarketing laws, and applicable privacy laws.
• Provider does not independently verify consent or lead legality.
• Client agrees to indemnify Provider for claims arising from Client data or messaging activity.
• Client understands Provider may suspend services for suspected compliance violations.