SMS Terms & Conditions
SMS Terms & Conditions
These SMS Terms & Conditions govern the SMS (Short Message Service) communications provided by Fifty/50 Management Group Inc, its affiliates, related entities, and partners (“the Company”). They establish the terms under which customers receive SMS messages from the Company, including marketing messages, alerts, and notifications.
Acceptance of Terms
- Changes to Terms: The Company reserves the right to modify these Terms & Conditions at any time. Continued use of the SMS service after changes constitutes acceptance of the new terms.
Consent and Opt-In
- Voluntary Participation: Participation in the SMS service is voluntary and requires explicit consent from the customer.
- Obtaining Consent: Consent will be obtained through clear affirmative action, such as entering a phone number on the Company’s website or responding to a promotional SMS with a specific opt-in keyword.
- Information from Third Parties: The Company may receive customer information from third-party sources that customers have previously subscribed to and consented to sharing their data. This information will be used for marketing purposes in line with this policy.
Content and Frequency
- Message Types: Customers may receive transactional messages, promotional content, alerts, and other types of SMS communications.
- Frequency: The frequency of messages will be disclosed at the time of opting in and will not exceed the stated limits without further consent.
Opt-Out and Withdrawal of Consent
- Easy Opt-Out: Customers can opt-out of SMS communications at any time by replying with a designated keyword (e.g., “STOP”).
- Acknowledgment of Opt-Out: Upon opting out, customers will receive a single message confirming the cessation of SMS messages from the Company.
Fees and Charges
- Standard Messaging Charges: Standard data and messaging rates may apply to both sending and receiving SMS messages according to the customer’s mobile carrier plan.
- No Additional Fees: The Company does not charge additional fees for sending SMS messages, but customers are responsible for any charges imposed by their mobile carrier.
Data Privacy and Security
Legal Compliance and Indemnification
- Compliance with Laws: The SMS services will be provided in compliance with all applicable laws and regulations, including the TCPA and other consumer protection laws.
- Indemnification: Customers agree to indemnify and hold harmless the Company and its affiliates, officers, agents, and employees from any claim or demand made by any third party due to or arising out of the customer’s breach of these Terms & Conditions, or the customer’s violation of any law or the rights of a third party.
Disclaimers and Limitations of Liability
- Service Disclaimer: The Company does not promise that SMS services will be uninterrupted or error-free and is not liable for any delays, message failures, or other technical issues.
- Limitation of Liability: To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from the use of or inability to use the SMS service.
- Contact Information: For questions or concerns regarding these SMS Terms & Conditions or the SMS services, customers should contact [insert customer support contact information].
- Jurisdiction: These Terms & Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company operates, without giving effect to any principles of conflicts of law.