TERMS OF SERVICE
Effective Date: November 04 2025

These Terms of Service (“Terms”) govern your use of the SMS messaging service offered by [Your Company Name] (“we,” “us,” or “our”) via our website and web-funnel, through which you provide your contact information and consent to receive text messages (the “Service”). By submitting your mobile phone number and opting-in, you agree to these Terms.

1. Eligibility & Use
1.1 You must be at least 18 years old (or of legal age in your jurisdiction) and the owner of the mobile phone number you provide.
1.2 By providing your mobile number, you represent and warrant that you have the right to receive text messages at that number, and that you agree to receive SMS messages from us as described herein.
1.3 You agree not to use the Service for any unlawful, unauthorized, or abusive purpose, including unsolicited or deceptive messaging.

2. Consent to Receive SMS Messages
2.1 By opting in via our web-form/funnel (or by texting a keyword, if applicable), you expressly consent to receive automated and/or manual text messages from us at the mobile number you provided.
2.2 You understand and agree that standard message and data rates may apply from your mobile carrier.
2.3 Message frequency may vary depending on your interactions with us. We may send messages for marketing, informational, transactional or customer-care purposes (as disclosed in our campaign registration).
2.4 The mobile number you provide may be used to contact you until you opt out.
2.5 You acknowledge that we may register our brand and campaign with TCR and comply with applicable carrier, industry and regulatory guidelines (e.g., 10DLC/A2P, Telephone Consumer Protection Act (“TCPA”) where applicable) in connection with the Service.

3. Opt-Out / Help
3.1 You may opt-out of the Service at any time by replying STOP to any of our text messages. Once you reply “STOP”, we will send a confirmation message and you will receive no further messages from us (unless you opt-in again).
3.2 For help or more information, reply HELP, or contact us at: [Support Email Address or Phone Number].
3.3 After you opt-out, you may still receive a confirmation or administrative message confirming your opt-out.
3.4 Your opt-out request will be honored as soon as reasonably practicable and in accordance with carrier/registry requirements.

4. Privacy & Data Use
4.1 By providing your mobile number and other contact information, you authorize us to collect, store and use that information for the purpose of sending you SMS messages, as described in our Privacy Policy at [Privacy Policy URL].
4.2 We will not share, sell or rent your mobile number and opt-in consent to third parties for unrelated marketing unless expressly disclosed in our Privacy Policy.
4.3 We take commercially reasonable steps to secure your information and comply with applicable data protection laws.

5. Message Content & Compliance
5.1 You acknowledge that our messages will comply with TCR, carrier and industry rules for A2P/10DLC messaging, including but not limited to:

  • Proper brand/campaign registration with TCR. Textr Team+2Partner Support Center+2
  • Clear opt-in consent, with message-and-data-rates disclosure and frequency disclosure. calltools.zendesk.com+1
  • Opt-out and help instructions included. TeleCloud+1
  • Prohibition on certain message content (e.g., illegal, deceptive, SHAFT–sex, hate, alcohol, firearms, tobacco) or categories flagged by carriers/TCR. TeleCloud+1
    5.2 You understand and agree that carriers and the registry may filter, block or throttle messages for non-compliance, and we cannot guarantee delivery. Live Free Digital

6. Fees & Charges
6.1 There is no additional fee from us for sending the SMS messages (unless we otherwise notify you). However, your mobile carrier may charge standard message and data rates, which are your responsibility.
6.2 If you use the Service in a manner that violates these Terms or the campaign registration (e.g., sending spam, purchased lists, prohibited content), we may suspend your account or terminate the Service. You may also be responsible for any fines or penalties levied by carriers, TCR or regulatory authorities.

7. Termination & Suspension
7.1 We reserve the right to suspend or terminate your use of the Service at any time for any reason, including for non-compliance with these Terms or suspicion of fraud, abuse or violation of carrier/TCR rules.
7.2 Upon termination or opt-out, we will cease sending promotional or informational SMS messages; however we may still send you non-promotional administrative or transactional messages (unless you explicitly opt‐out of all communications).
7.3 You remain liable for any messages sent prior to termination or opt‐out.

8. Disclaimers & Limitation of Liability
8.1 To the fullest extent permitted by applicable law, we provide the Service “as is” and make no warranties of any kind, express or implied.
8.2 We shall not be liable for any indirect, incidental, special, consequential or punitive damages arising from your use of the Service (including message delays, non‐delivery, interruption or mis-routing).
8.3 Our total liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount paid by you (if any) in the prior 12 months, or US$100, whichever is greater.

9. Modifications to Terms
9.1 We may update these Terms at any time by posting the revised version at [URL where Terms are hosted] and by notifying users (e.g., via SMS or email). Your continued participation after the effective date of the revision constitutes your acceptance of the updated Terms.
9.2 If you do not agree to the revised Terms, you must stop participating in the Service and opt‐out.

10. Governing Law & Miscellaneous
10.1 These Terms shall be governed by and construed in accordance with the laws of [Your State, Country], without regard to its conflict-of-law principles.
10.2 If any provision of these Terms is held invalid or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
10.3 These Terms, together with our Privacy Policy and any other policy or disclosure incorporated herein by reference, constitute the entire agreement between you and us regarding the Service, superseding all prior agreements, understandings or communications.

11. Contact Information
If you have any questions about these Terms or the Service, please contact us at:
DIGITAL BIGFOOT LLC
5151 29th st Greeley CO
support@digitalbigfoot.com
970.286.0066