EmerText Terms and Conditions

Effective Date: 11/1/24

These Terms and Conditions ("Terms") govern your access to and use of the EmerText messaging service, owned and operated by FLX Marketing AI LLC ("we," "us," "our"). By using EmerText, you agree to these Terms. Please note: EmerText is not a substitute for emergency response services, and we strongly encourage users to contact 911 or other emergency responders directly for any urgent situations.

1. Acceptance of Terms By opting into EmerText notifications, users (referred to as "you," "your") agree to these Terms and any policies referenced within, including the Privacy Policy. EmerText’s services are designed to provide critical information notifications; however, it does not replace any emergency response services such as 911, fire, police, or medical assistance. If you do not agree to these Terms, please do not use or opt into EmerText.

2. Service Description EmerText is a messaging platform enabling companies to communicate important notifications and emergency alerts to their employees. Notifications are sent through SMS and email for the sole purpose of enhancing workplace communication. EmerText is not responsible for monitoring notifications or responding to emergencies.

3. User Consent and Opt-In/Opt-Out

Consent to Receive Messages: By opting in, you consent to receive messages from EmerText as specified by the contracting company. Messages may include safety notifications, emergency alerts, or other important workplace updates. Opt-Out Rights: You may opt out at any time by following the opt-out instructions in any message you receive. Opting out will discontinue all notifications from EmerText.

4. Usage Limitations EmerText provides a platform for distributing notifications but does not offer active monitoring, emergency dispatch, or direct safety intervention. EmerText does not replace 911 or other emergency services, and we encourage you to use these services as needed in urgent situations. Companies contracting EmerText are solely responsible for creating, managing, and sending notifications.

5. Service Access and Availability

No Guarantee of Continuous Access: EmerText does not guarantee continuous, uninterrupted, or secure access to its services. Various factors, including network availability, carrier restrictions, and external circumstances, may affect message delivery. User Responsibility: Users are responsible for maintaining active mobile service and ensuring their contact information is current and accurate.

6. Limitations of Liability FLX Marketing AI LLC, operating as EmerText, is not liable for any indirect, incidental, or consequential damages arising from service use or any interruption, delay, or failure of message delivery. By opting in, users acknowledge and accept that EmerText does not control connectivity issues related to their mobile service provider or other external factors. Disclaimer: EmerText is not responsible for ensuring the delivery of notifications in real-time and should not be relied upon as a primary source of emergency communication.

7. Compliance with A2P Regulations EmerText complies with A2P (Application-to-Person) 10DLC regulations for business messaging, as mandated by U.S. telecom carriers, which include:

Consent Requirements: All messages sent through EmerText require prior opt-in consent from the recipient. Message recipients can revoke this consent at any time by opting out. Campaign Registration and Use Cases: EmerText registers its messaging campaigns with The Campaign Registry (TCR) as required. All messaging use cases, such as notifications and alerts, are pre-approved in compliance with industry standards. Content Restrictions: EmerText follows industry guidelines for acceptable message content, which limits messages to safety and important updates only.

8. Privacy and Data Security EmerText values your privacy. Please review our Privacy Policy for details on how we collect, use, and protect your information. EmerText’s data protection practices are aligned with A2P compliance requirements, and we secure data using encryption and access controls.

9. Intellectual Property Rights All rights, title, and interest in and to the EmerText platform, including logos, trademarks, software, and content, are the exclusive property of FLX Marketing AI LLC. You may not use any of these materials without express written consent from FLX Marketing AI LLC.

10. Modifications to Terms EmerText reserves the right to modify or update these Terms at any time. Users will be notified of significant changes, and continued use of EmerText after updates constitutes acceptance of the revised Terms.

11. Dispute Resolution and Governing Law We are committed to resolving any concerns or disputes in a fair and efficient manner. If any dispute arises relating to these Terms or the use of EmerText, we encourage users to contact us directly so that we can work to resolve the issue informally.

Optional Mediation/Arbitration: If we are unable to resolve the dispute informally, EmerText reserves the right to suggest mediation or binding arbitration as a means to achieve resolution before proceeding to court. We may seek to resolve the dispute through an independent third-party mediator or arbitrator if both parties agree. Governing Law: These Terms are governed by the laws of California, without regard to conflict of law principles. Exclusive Jurisdiction: If any disputes remain unresolved through informal or alternative means, they shall be resolved in the courts located in California.

12. Contact Information For questions regarding these Terms, please contact us at [email protected].