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Account creation paired with phone number submission constitutes consent to receive SMS messages from BeReal, including promotional messages sent via automated systems, which the agreement states may be sent at any time to the extent permitted by local law. Users may withdraw promotional SMS consent via account settings or by replying STOP.
This analysis describes what BeReal's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision bundles promotional SMS consent into the account creation process rather than soliciting it as a standalone, specific opt-in. In the US, the TCPA requires prior express written consent for automated promotional text messages, and the adequacy of bundled consent obtained through general terms acceptance warrants review against TCPA regulatory guidance and FCC rules.
Interpretive note: The adequacy of bundled consent for automated promotional SMS under the TCPA and EU ePrivacy Directive depends on regulatory interpretation and jurisdiction-specific enforcement standards that cannot be fully assessed from the document text alone.
The agreement establishes that creating a BeReal account and providing a phone number constitutes consent to receive promotional SMS messages sent via automated systems. Users can withdraw consent to promotional SMS at any time through account settings or by replying STOP, with the terms stating this will not affect service access.
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"By creating a BeReal account, accepting these Terms of Service and providing your phone number, you agree to receive certain SMS messages from BeReal at the number provided. Message frequency may vary and your mobile carrier's messaging or data rates may apply. BeReal may occasionally send you promotional SMS messages, for example to inform you of special events or exclusive offers. By accepting these communications, you understand that they may be sent to you at any time, including outside quiet hours or local restriction periods, to the extent permitted by law. These messages may be sent via an automated system or any other broadcasting technology.Excerpt from BeReal's Terms of Service
1. REGULATORY LANDSCAPE: The US Telephone Consumer Protection Act (TCPA), enforced by the FCC with private right of action, requires prior express written consent for automated promotional text messages; the adequacy of bundled consent embedded in general terms of service has been subject to regulatory and judicial scrutiny. In the EU, the ePrivacy Directive requires opt-in consent for electronic marketing communications, enforced by national data protection authorities including the CNIL. The document's acknowledgment that messages may be sent outside quiet hours or local restriction periods, to the extent permitted by law, suggests awareness of jurisdiction-specific restrictions. 2. GOVERNANCE EXPOSURE: Medium. The bundling of promotional SMS consent with account creation and general terms acceptance, rather than a dedicated opt-in mechanism, may not satisfy the TCPA's prior express written consent standard as interpreted by the FCC and courts. EU ePrivacy requirements similarly demand specific, informed consent for electronic marketing. 3. JURISDICTION FLAGS: US users, particularly California residents under California's Invasion of Privacy Act and TCPA provisions, face heightened exposure. EU and EEA users are subject to ePrivacy Directive requirements enforced by national regulators. The document's 'to the extent permitted by law' carve-out acknowledges jurisdiction-specific restriction periods but does not specify how compliance is implemented. 4. CONTRACT AND VENDOR IMPLICATIONS: The reference to automated systems and broadcasting technology suggests use of third-party SMS delivery platforms. Procurement teams should confirm that downstream SMS vendors operate in compliance with applicable TCPA and ePrivacy requirements, including consent record-keeping. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should audit whether the consent mechanism meets TCPA prior express written consent standards, including whether the agreement clearly discloses the automated nature of messages and the existence of promotional content at the point of phone number submission. EU operations should be assessed against ePrivacy opt-in requirements. Consent records should be maintained to support potential regulatory inquiry.
This provision bundles promotional SMS consent into the account creation process rather than soliciting it as a standalone, specific opt-in. In the US, the TCPA requires prior express written consent for automated promotional text messages, and the adequacy of bundled consent obtained through general terms acceptance warrants review against TCPA regulatory guidance and FCC rules.
The agreement establishes that creating a BeReal account and providing a phone number constitutes consent to receive promotional SMS messages sent via automated systems. Users can withdraw consent to promotional SMS at any time through account settings or by replying STOP, with the terms stating this will not affect service access.
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