SMS Terms & Conditions

These SMS Terms & Conditions (“SMS Terms”) govern text-message communications sent by or on behalf of SoftScale AI LLC (“SoftScale AI,” “Company,” “we,” “us,” or “our”) through the SoftScale AI SMS Program (“SMS Program”).

These SMS Terms supplement the SoftScale AI Website Terms of Service and Privacy Policy. If a separate registration, program, transaction, or service agreement contains more specific text-messaging terms, those specific terms will control for that interaction to the extent of a conflict.

1.Voluntary Enrollment and Consent

You enroll in the SMS Program only when you take an affirmative action indicating your agreement to receive text messages, such as:

• Checking an unchecked consent box
• Submitting a form that contains a clear SMS consent disclosure
• Registering through a page that clearly identifies the SMS Program
• Texting an advertised keyword to a SoftScale AI telephone number or short code
• Providing another form of consent recognized by applicable law

Merely providing a telephone number, contacting SoftScale AI, making a purchase, or submitting a general inquiry does not, by itself, authorize every type of text message.

Current SMS Program status:

The Website’s current inquiry forms do not include an SMS marketing opt-in. Submitting an inquiry form or providing a telephone number does not enroll a person in promotional text messages. Any future promotional SMS enrollment will require a separate, clear consent mechanism.

By completing an SMS opt-in, you consent to receive the categories of messages described in the disclosure presented at the time of enrollment at the telephone number you provide.

Where stated in the opt-in disclosure, messages may be sent using an automatic telephone dialing system, artificial intelligence, or other automated technology.

Prior express written consent will be obtained for marketing or promotional messages where required by applicable law.

Your consent to receive marketing text messages is voluntary and is not a condition of purchasing any product or service.

2.Electronic Consent and Records

Your electronic opt-in may constitute your electronic signature where permitted by law.

SoftScale AI and its service providers may retain records associated with your consent, including:

• Your telephone number
• The date and time of consent
• The Website page, form, keyword, event, registration, or other source of consent
• The language displayed when consent was provided
• The categories of messages authorized
• The version of these SMS Terms and related policies
• Internet Protocol address, device, or other available verification information
• Consent withdrawal and opt-out records

These records may be retained for customer service, operational, contractual, compliance, dispute-resolution, and legal purposes.

3.Types of Messages

Depending on the choices and disclosures presented when you enroll, messages may include:

• Appointment confirmations and reminders
• Consultation and scheduling updates
• Event, workshop, webinar, and program notices
• Registration confirmations
• Requested resources or information
• Service-related updates
• Account or transaction notifications
• Customer-support communications
• Educational information
• Newsletter or content alerts
• Surveys or feedback requests
• Promotional offers and marketing communications

Consent to one category of messages does not necessarily constitute consent to every other category.

Message content may vary based on your request, registration, relationship with SoftScale AI, and communication preferences.

4.Message Frequency

Message frequency varies and may be recurring.

The number of messages may depend on:

• Your appointments or registrations
• Your participation in programs or events
• Your requests for information
• Your transactions or services
• The communication categories you authorized
• Your interactions with SoftScale AI

Any message-frequency estimate displayed at enrollment is an estimate and may vary based on your activity and the nature of the SMS Program.

5.Message and Data Rates

Message and data rates may apply.

Your mobile carrier determines any charges associated with sending or receiving text messages. SoftScale AI is not responsible for carrier charges, roaming charges, data charges, or other costs imposed by your service plan.

6.Opting Out and Revoking Consent

You may revoke consent and request that messages stop at any time.

You may reply to a SoftScale AI text with:

Capitalization is not required.

You may also revoke consent through another reasonable method that clearly communicates your request, including by contacting us using the information in Section 18.

We will honor a valid revocation request within a reasonable time and no later than the period required by applicable law.

An opt-out request may apply to all messages from the sending number unless you clearly request to stop only a particular category and applicable technology allows us to honor that preference.

After an opt-out request, we may send one non-promotional confirmation message acknowledging the request. If you previously consented to multiple categories of messages, the confirmation may ask whether you intended to stop all categories. Unless you clearly indicate otherwise, messages requiring consent will stop.

You may receive messages again only after providing renewed consent or where a message is otherwise permitted by law without renewed consent.

7.Help and Customer Support

For assistance, reply:

HELP

You may also contact us at:

Support availability and response times may vary. SMS should not be used for emergencies or matters requiring immediate assistance.

8.Privacy and Use of Mobile Information

Personal information collected through the SMS Program is handled as described in the SoftScale AI Privacy Policy.

No mobile information, text-messaging originator opt-in data, or consent information will be sold or shared with third parties or affiliates for their own marketing or promotional purposes.

We may disclose mobile information to service providers and subcontractors that support:

• Message delivery
• Customer service
• Customer-relationship management
• Scheduling and registration
• Consent and opt-out management
• Compliance
• Fraud prevention
• Security
• Analytics and operational support

Those providers may use the information only to perform authorized services for SoftScale AI and subject to applicable contractual and legal requirements.

We may also disclose information when required by law, legal process, or a valid governmental request, or when reasonably necessary to protect rights, safety, security, or the integrity of the SMS Program.

9.Mobile Carriers and Delivery

Mobile carriers are not liable for delayed or undelivered messages.

Message delivery is not guaranteed and may be affected by:

• Carrier availability
• Network conditions
• Service interruptions
• Device compatibility
• Telephone-number status
• Geographic location
• Filtering or blocking technologies
• Technical limitations
• Circumstances outside SoftScale AI’s reasonable control

The SMS Program may not be supported by every carrier, device, telephone number, or location.

10.Telephone-Number Accuracy and Reassignment

You represent that:

• You are the subscriber or customary user of the telephone number provided
• You are authorized to consent to messages at that number
• The number is accurate and current

You must promptly notify SoftScale AI or opt out if:

• Your telephone number changes
• You surrender or transfer the number
• You are no longer the subscriber or authorized user
• You no longer wish to receive messages

If we receive information indicating that a number has been disconnected, reassigned, is invalid, or is no longer associated with the person who consented, we may suspend or terminate messages to that number.

11.Eligibility and Youth-Related Communications

The general SMS Program is intended for individuals who are at least 18 years old and are legally able to provide consent.

Youth-related program messages should ordinarily be directed to a parent, legal guardian, school, library, workforce organization, community organization, or other authorized adult or organization.

A person under 18 may participate in a separately authorized youth communication process only when appropriate consent, registration, and supervision requirements have been satisfied.

Children under 13 may not directly enroll themselves in the general SMS Program.

12.Marketing Practices and Communication Preferences

Marketing messages will be sent only where authorized and permitted by applicable law.

We will use reasonable efforts to:

• Identify SoftScale AI as the sender
• Respect applicable communication preferences
• Maintain internal suppression and opt-out records
• Send marketing communications during hours permitted by applicable law
• Avoid sending messages after valid consent has been revoked

You may opt out of marketing messages without affecting non-marketing messages that are legally permitted and reasonably necessary to complete a requested transaction, provide a service, administer a program, maintain security, or comply with law.

When the same telephone number or sending channel is used for both marketing and non-marketing communications, an unqualified opt-out may stop all message categories from that channel.

13.No Sensitive or Emergency Communications

Do not use SMS to send:

• Social Security numbers
• Financial-account credentials
• Payment-card information
• Government-identification numbers
• Medical records
• Legally privileged information
• Confidential business information
• Other highly sensitive information

SMS is not a secure or guaranteed communication channel.

Do not rely on SMS for emergencies, urgent safety matters, legal deadlines, or time-sensitive instructions requiring guaranteed delivery.

14.Changes to the SMS Program

SoftScale AI may modify, suspend, or discontinue all or part of the SMS Program.

We may also update these SMS Terms to reflect changes in:

• The SMS Program
• Technology
• Service providers
• Business practices
• Carrier requirements
• Industry standards
• Applicable law or regulation

The updated version will be posted with a revised “Last Updated” date and will become effective on the stated effective date.

Where a material change expands the scope of messages beyond the consent previously provided, we will seek renewed consent when required by law.

15.Suspension and Termination

SoftScale AI may suspend or terminate your participation in the SMS Program when reasonably necessary to:

• Honor an opt-out request
• Address an invalid, disconnected, or reassigned number
• Protect security
• Prevent fraud, abuse, or unlawful activity
• Comply with carrier, platform, legal, or regulatory requirements
• Protect SoftScale AI, recipients, service providers, or third parties
• Discontinue the SMS Program

Termination does not affect provisions that should reasonably survive, including provisions concerning consent records, privacy, disclaimers, liability, governing law, and dispute resolution.

16.Disclaimer and Limitation of Liability

The SMS Program is provided on an “as is” and “as available” basis to the fullest extent permitted by law.

SoftScale AI does not guarantee that messages will be timely, complete, accurate, uninterrupted, secure, or successfully delivered.

To the fullest extent permitted by law, SoftScale AI and its owners, officers, employees, contractors, representatives, service providers, and affiliates will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from or relating to:

• Delayed, blocked, or undelivered messages
• Carrier or network failures
• Device or software incompatibility
• Technical interruptions
• Unauthorized access to a device or message
• Reliance on an SMS message
• Incorrect or reassigned telephone numbers
• Your failure to review another available communication channel

Nothing in these SMS Terms limits liability that cannot lawfully be limited.

Any additional limitation of liability in the SoftScale AI Website Terms of Service or a separate binding agreement may also apply.

17.Governing Law and Jurisdiction

These SMS Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles.

Subject to any non-waivable rights or requirements under applicable law, any legal action arising from or relating to these SMS Terms or the SMS Program must be brought in a state or federal court of competent jurisdiction located in the State of Ohio, and each party consents to the personal jurisdiction of those courts.

Nothing in this section deprives a consumer of protections that cannot lawfully be waived.

18.Contact Information

Questions, support requests, privacy concerns, or consent-revocation requests regarding the SMS Program may be directed to:

The North Canton address is designated for business and legal correspondence. It is not a public office, training location, or client meeting location.

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