SMS TEXTING TERMS
Last updated: February 27, 2026
By visiting, accessing, using, deploying, downloading, copying, installing and/or joining (collectively “using”) the SMS Service, you express your understanding and acceptance of these Terms. Do not use the SMS Service if you do not agree to be bound by these Terms.
You acknowledge and agree that your interaction with the SMS Service will be transcribed, recorded, and shared with third parties as further described in these Terms.
1. (a) General Information
- Program description: You agree to receive SMS messages from us regarding our services such as account alerts, reminders, and promotional offers delivered via automated text message to the mobile number you provided.
- Message frequency: Message frequency varies.
- Rates disclosure: Message and data rates may apply.
- STOP instructions: You can opt out of SMS messages at any time by replying STOP to any message from us; after you send STOP, we may send a confirmation text to confirm your opt out, and you will no longer receive SMS messages from us.
- HELP instructions and contact: For help, reply HELP to any message or contact us at [email protected] or +1 855 866 1918.
- Carrier liability disclosure: Carriers are not liable for delayed or undelivered messages.
- Your consent to receive SMS messages is not a condition of purchase, and you can withdraw your consent at any time using the opt out methods described above.
(b) SMS Service Providers. We provide and operate the SMS Service on our website through our service provider, LocaliQ, and its third party subcontractor(s) (collectively, “SMS Service Provider”) which are authorized to work on our behalf.
(c) Collection and Use of Your Personal Data. The SMS Service may collect information that, either alone or in combination with other available information, can reasonably identify or relate to you or your household such as without limitation your IP address, device identifiers, information from cookies or other tracking technologies and your name, phone number, email address and physical address (all of this information is referred to as “Personal Data”). We restrict SMS Service Providers from using Personal Data collected through the SMSService(s) for purposes other than providing the SMS Services to us or for our other allowable business purposes under applicable law.
(d) Applicable Privacy Policies. When you text with a SMS Service agent any Personal Data you provide is subject to our (the website owner’s) privacy policy and the privacy policy of our SMS Service Provider,
LocaliQ [ https://localiq.com/legal/privacy-policy/] You can find our (the website owner’s) privacy policy link on the footer of the website on which the SMS Service appears. The SMS Service Provider collects and processes your Personal Data on our behalf to assist our customers and support our business, and for certain other business purposes as set forth in applicable state privacy laws. For example, the California Consumer Privacy Act, as amended (CCPA) provides that a service provider may use and share personal information of the business’s customers for the service provider’s own business or operational purposes, or other defined purposes, including analytics, research, and certain marketing services to you. Cal. Civ. C. § 1798.140(3)(e).
(e) SMS Disclosure, Copies of SMS Transcript. By texting with us and using our SMS Service, you acknowledge and understand that (1) you may not be talking directly with us as the operator of the business website where the SMS Service is located and (2) that the SMS Service Provider has access to and will retain copies of your entire text and all information contained therein, including Personal Data, in order to provide the SMS Services to us and for the other business purposes as may be permitted by applicable state privacy laws, including the CCPA. In addition to records of the texts, our SMS Service Provider may log and keep records of the time and date of your visit and use of the SMS Service and share that information with us.
(f) Sharing of SMS Information. Information collected from your use of the SMS Service is provided to us as the business website operator so that we may provide you with our services and products, answer your questions, provide you with customer service and otherwise support you and our business. This information may be shared with third parties such as the SMS Service Provider and other third parties. By using the SMS Service and accepting these Terms, you indicate your understanding, acceptance, and consent to all of the foregoing.
2. Eligibility and Accounts
You must be a resident of the US or Canada and at least 18 years old or the age of majority in your state of residence to use the Service. You may not use the SMS Service if you are under 18 years old.
3. Grant of Use and Termination
(a) We grant you a non-exclusive, non-transferable, and limited right to access, non-publicly display, and use the SMS Service including all content available therein (the “Content”) on your mobile, tablet, personal computer, or other device consistent with these Terms.
(b) Your use of the SMS Service is for personal use only. You may not use the SMS Service in connection with any commercial activities, such as advertising or soliciting any others for any purposes or for any other commercial purposes.
(c) This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination we may: (i) block your IP addresses or otherwise terminate your access to or use of the SMS Service, (ii) remove and/or delete any of your User Submissions (defined below in Section 5(a)), or (iii) take any other such action as we deem reasonable in our sole discretion. You agree not to use or attempt to use the SMS Service after said termination. Upon termination, the grant of your right to use the SMS Service shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.
(d) In addition to the terms set forth herein, your use of the SMS Service shall be limited by the rules, features, and technical limitations of the SMS Service, which may change from time to time in our sole discretion. You shall not attempt to use the SMS Service in any manner in which the SMS Service is not intended or permitted to be used.
4. Intellectual Property
(a) The Content, with the exception of User Submissions and Third-Party Content (defined below in Section 6(a)), including text, graphical images, photographs, music, video, software, scripts and trademarks, SMS Service marks and logos contained therein (collectively “Proprietary Materials”), are owned by and/or licensed to us by our SMS Service Provider and/or other third parties. All Proprietary Materials are subject to copyright, trademark and/or other rights of the applicable owner under the laws of applicable jurisdictions, including the United States, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials.
(b) Except as otherwise explicitly permitted in these Terms, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content or the SMS Service.
5. User Submissions
(a) You are entirely responsible for any and all materials you submit or otherwise make available via the SMS Service, including pictures, videos, reviews, communications or other information (collectively, “User Submissions”). We reserve the right, but do not have the obligation to monitor and remove any User Submission for any reason.
(b) You acknowledge and understand that any disclosure of Personal Data in User Submissions may make you personally identifiable.
(c) You shall be solely responsible for any and all of your User Submissions and any and all consequences of positing, uploading, publishing, or otherwise making them available through the SMS Service. For any of your User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, permissions, rights, or consents to use and authorize us to use all information as well as trademarks, copyrights, trade secrets or other proprietary rights in and to User Submissions for any and all uses contemplated by the SMS Service and these Terms; (ii) you have valid consent, release, and/or permission from each and every identifiable individual in the User Submission to use the name, information, and/or likeness of each and every such identifiable individual to enable use of the User Submission for any and all uses contemplated by the SMS Service and these Terms and (iii) uploading the User Submissions into the SMS Service will not infringe upon any third party’s rights or violate your contractual obligations to any party.
(d) Prohibited Use. You further agree that you shall not use the SMS function or submit information to us via the SMS function that is:
i. Is copyrighted, protected by trade secret or trademark laws, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to submit the material and to grant us all of the license rights granted herein;
ii. Is obscene, pornographic, vulgar, illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise objectionable or inappropriate as decided by us in our sole discretion;
iii. Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals;
iv. Impersonates any person or entity or otherwise misrepresents you in any way, including creating a false identity;
v. Would constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
vi. Is unsolicited or unauthorized advertising, promotion, “spam” or any other form of solicitation; or
vii. Is in contravention of any other rules, technical limitations, or provisions that may be created or updated from time to time in our discretion.
(e) We claim no ownership of User Submissions or Third Party Content. You or a third party licensor, as appropriate, retain all copyrights to User Submissions and you are responsible for protecting those rights as appropriate. You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licensable license to reproduce, distribute, adapt, modify, publish, translate, and create derivative works of User Submissions for the purposes contemplated by your use of the Service and as as described in our privacy policy (including without limitation, providing your information to us, the website operator, for us to contact you. You also irrevocably waive and cause to be waived against us and any of our users any claims and assertions of moral rights or attribution with respect to User Submissions.
(f) You acknowledge that we have the right but not the obligation to review and monitor any User Submissions and may at our sole discretion refuse to publish, remove, or block access to any User Submission for any reason, or for no reason at all, with or without notice.
(g) Without limiting the other indemnification provisions herein, you agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your User Submissions or your use of the SMS Service in violation of these Terms infringes or misappropriates the intellectual property rights of a third-party or violates applicable law and you shall indemnify us for any damages finally awarded against and for reasonable attorney’s fees incurred by us in connection with any such claim, demand, suit or proceeding.
(h) If you make any suggestions to us about improving the SMS Service or adding new features to the SMS Service, you agree that you are thereby assigning to us the irrevocable right to use your suggestions in whole or in part in perpetuity throughout the world for any purpose without any compensation to you.
6. Third-Party Content and Content Generally on the SMS Service
(a) General. You understand and acknowledge that, when using the SMS Service, you will be exposed to Content from a variety of sources including content uploaded to the SMS Service and information on the website (collectively, “Third Party Content”) and that we do not control and are not responsible for any Third Party Content or User Submissions.
(b) Inaccurate Information. You understand and acknowledge that an automated agent may provide inaccurate information via the SMS Service and that you may be exposed to Content that is inaccurate, offensive, indecent, or otherwise objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.
(c) Monitoring of SMS Service. You understand and acknowledge that we assume no responsibility whatsoever for monitoring the SMS Services or products. If at any time we choose, in our sole discretion, to monitor the same, we assume no responsibility for the same, and have no obligation to take action on it.
(d) All Content on the SMS Service is provided to you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever that Content without the prior written consent of the respective owners/licensors of the Content. Without limiting further express disclaimers herein, we provide no representation or warranty regarding the accuracy or timeliness of the Content on the SMS Service.
(e) Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Content (including User Submissions and Third Party Content) on the SMS Service is provided to you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.
(f) You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Content for any reason, or for no reason at all, with or without notice.
7. General Terms for SMS Service Use
(a) You may only use the SMS Service consistent with these Terms and any and all agreements under which the SMS Service is provided to you. You assume sole responsibility for obtaining any additional or related hardware or software required for use of the SMS Service.
(b) Except as described below, you are not permitted to decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the SMS Service, use any similar means to discover the source code of the SMS Service or to discover any trade secrets or other intellectual property in the SMS Service.
(c) You agree not to export or re-export, directly or indirectly (including via remote access) the SMS Service or other information or materials provided to you from us to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In shall be your responsibility to comply with the latest United States or any other relevant jurisdiction’s export regulations, and you shall defend and indemnify us in accordance with the terms hereof for your breach of these provisions. In the event that these Terms are required to be registered with any governmental authority, you shall cause such registration to be made and shall bear any expense or tax payable in respect thereof.
8. Cookies
Third-party cookies may be used on the operator’s website for many purposes, including analytical, performance, and advertising purposes. You should review the website owner’s cookie policies.
9. Modification of These Terms
We reserve the right to amend these Terms at any time. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE SMS SERVICE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
10. Indemnification and Release
(a) You hereby agree to indemnify us and hold us harmless from any and all damages and expenses, including those arising from third-party claims, including attorney’s fees, arising from your use of the SMS Service or from your breach of these Terms.
(b) If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
(c) All of the above provisions shall be deemed to apply to the benefit of the website operator and its SMS Service Provider, their parent companies, subsidiaries, directors, officers, employees, agents, designees, contractors, affiliates, subsidiaries, successors, and assigns.
11. Disclaimer of Warranties and Limitations of Liabilities
(a) READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
(b) The SMS Service is provided “AS-IS” and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, timeliness, integration, interoperability, or quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with the SMS Service.
(c) UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE SMS SERVICE, WHETHER SUCH DAMAGES ARISE FROM YOUR USE, MISUSE OR INABILITY TO USE THE SMS SERVICE, FROM YOUR RELIANCE ON ANY CONTENT ON THE SMS SERVICE, FROM THE INTERRUPTION SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE SMS SERVICE OR THE TERMINATION OF THE SMS SERVICE BY US. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SMS SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE SMS SERVICE.
(d) WE DO NOT WARRANT THAT (i) THE SMS SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SMS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SMS SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SMS SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE SMS SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED.
(e) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SMS SERVICE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE CHAT SERVICE. IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE SMS SERVICE EXCEED TWO HUNDRED DOLLARS ($200) IN AGGREGATE.
(f) All of the above provisions shall be deemed to apply to the benefit of the website owner and its SMS Service Providers, their parent companies, subsidiaries, directors, officers, employees, agents, designees, contractors, affiliates, subsidiaries, successors, and assigns.
12. Disputes
(a) To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the State of New York without regard to conflict of law provisions. Subject to Subsection (b) below, FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN OR SERVING NEW YORK. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT WE ARE REQUIRED TO BRING ANY ACTION AGAINST YOU FROM OR IN CONNECTION WITH YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER, SUCH ACTION MAY BE BROUGHT IN THE JURISDICTION FROM WHICH THE INDEMNIFICATION CLAIM ARISES.
(b) YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. You hereby agree that as part of the consideration for these terms, you are hereby waiving any right you may have to a trial by jury for any dispute between the you and us arising from or relating to these Terms or the SMS Service. This provision shall be enforceable even if any other provisions of this section are waived.
13. General Provisions
(a) Merger. These Terms, as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.
(b) Waiver. Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
(c) Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
(d) Third Party Rights and Obligations. Unless explicitly stated, nothing herein is intended, nor will be deemed to confer rights, remedies, obligations, or liabilities upon any third party.
(e) Assignment. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.
(f) Notice. You agree that we may provide you with notices by e-mail, regular mail, or postings to the SMS Service.
(g) Construction. The section titles in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the term “including” is illustrative and not limitative.
(h) Translations. If these Terms or any other documents between you and us are translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall control.
14. Contact Information for Questions.
For questions about using the SMS Service please contact us (the business owner of the website you are chatting on) during regular business hours using the contact information provided on the website.