1. Introduction
This SMS Consent Agreement (“Agreement”) outlines how UbiGrowth (“Company,” “we,” “us,” or “our”) collects, uses, and manages your consent for receiving SMS communications. By opting into our SMS services, you agree to the terms outlined in this Agreement.
2. Compliance with TCPA, CTIA, and Twilio Requirements
UbiGrowth complies with the Telephone Consumer Protection Act (TCPA), CTIA guidelines, and Twilio’s Acceptable Use Policy for SMS communications. By opting in, you acknowledge that:
- Message delivery is subject to carrier restrictions and availability.
- Certain carriers may block or filter SMS messages at their discretion.
- Message frequency and consent requirements comply with industry best practices.
- Consent is not a condition of purchase.
3. Consent to Receive SMS Messages
By providing your phone number and opting in, you agree to receive SMS messages from UbiGrowth, including but not limited to:
- Account-related notifications.
- Transactional updates and confirmations.
- Promotional messages and special offers.
- Customer service communications.
- Security alerts and fraud prevention messages.
4. Double Opt-In Confirmation & Proof of Consent
To prevent unauthorized SMS enrollment and ensure compliance, UbiGrowth requires a double opt-in process:
- After opting in, you will receive a confirmation SMS.
- To complete your subscription, reply ‘YES’ to confirm.
- No messages will be sent until confirmation is received.
- UbiGrowth retains proof of user consent, including timestamps, opt-in method, and confirmation logs, for compliance verification.
5. Opting Out of SMS Messages
- You may opt out of receiving SMS messages at any time by replying ‘STOP’ to any message you receive from us.
- Recognized opt-out keywords include ‘STOP,’ ‘CANCEL,’ ‘UNSUBSCRIBE,’ and ‘END.’
- After opting out, you will receive a final confirmation message, and all further SMS communications will cease.
- To resubscribe, reply ‘START’ at any time.
- For help, reply ‘HELP’ or contact support@ubigrowth.com.
6. Alternative Contact Methods for Critical Communications
- If you opt out of SMS messages, you may still receive essential account-related notifications via email or phone calls where legally required.
- Certain SMS messages related to security, fraud prevention, and mandatory account notifications may still be sent even after opting out. To manage these, contact support@ubigrowth.com.
7. Message & Data Rates Disclosure
- Message and data rates may apply depending on your mobile carrier plan.
- UbiGrowth is not responsible for any fees incurred due to SMS messaging.
8. Maximum Message Frequency Transparency
- You will receive no more than 5 messages per week, unless explicitly stated otherwise in promotional campaigns, account notifications, or service alerts.
9. Security of Communications
- We implement security measures to protect SMS communications but cannot guarantee complete security.
- Users should avoid sharing sensitive personal or financial information over SMS.
- Every message will clearly identify UbiGrowth as the sender.
10. Data Storage & Retention Policy for SMS Logs
- SMS logs will be retained for 12 months for compliance, security monitoring, and dispute resolution.
- After this period, logs will be automatically deleted unless legally required to be retained longer.
11. Arbitration & Dispute Resolution
- Any disputes related to SMS communications shall be resolved through binding arbitration in Texas, USA.
- Users waive their right to participate in class-action lawsuits regarding SMS disputes.
12. Changes to This Agreement
- UbiGrowth reserves the right to modify this Agreement at any time.
- Continued use of our SMS services constitutes acceptance of any changes.
- Users will be notified of significant updates to this Agreement via SMS or email at least 30 days in advance.
13. Governing Law
- This Agreement shall be governed and construed in accordance with the laws of the State of Texas, USA.
14. Contact Information
For questions or concerns regarding SMS communications, contact support@ubigrowth.com.
