TERMS FOR END USERS (Message Recipients)

1. Prior Express Written Consent

By subscribing to an SMS or voice program through Connext, you are providing your prior express written consent to receive recurring automated text messages and/or autodialed or prerecorded voice calls from the applicable Group Administrator via the Connext platform. This consent is specific to the program, organization, and communication channel you opted into. Your consent is not transferable and does not authorize any other organization or program to contact you. Consent may be given by:

• Checking a consent checkbox on a sign-up form that clearly discloses the SMS and/or voice program
• Sending an opt-in keyword via SMS to a designated number after receiving a clear call-to-action
• Verbally agreeing during a call when a clear disclosure is provided and recorded
• Any other method that constitutes prior express written consent under the TCPA

You understand that agreeing to receive messages or calls is not a condition of purchasing any goods or services.

2. Types of Communications You May Receive

By subscribing to a program through Connext, you may receive communications that include:

• Account notifications and updates (SMS or voice)
• Transaction confirmations or alerts (SMS or voice)
• Promotional offers, discounts, or marketing content (SMS or voice)
• Customer service messages and callbacks (SMS or voice)
• Appointment or event reminders (SMS or voice)
• Informational and community updates (SMS or voice)
• Automated or prerecorded voice calls as permitted by your consent

Communication type and content will vary depending on your relationship with the Group Administrator and the consent you provided.

3. Message and Call Frequency

Message and call frequency depends on the specific group(s) you join. Each group sets its own schedule based on its purpose and needs. When joining a group, you will be informed of that group's expected SMS and voice contact frequency. You may be subscribed to multiple groups, and each group's communications count independently. To learn a specific group's frequency, contact your group administrator.

4. Message and Data Rates

Message and data rates may apply to SMS communications. Standard carrier message and data rates may be charged by your wireless carrier. Standard call rates may apply to voice communications. Contact your wireless or phone provider for details. Connext is not responsible for any charges incurred through your carrier.

5. How to Get Help

For SMS help, reply HELP or INFO to any message. For voice program help, contact [email protected]. A response with program information and support contact details will be provided.

6. Opt-Out Instructions

SMS: You may opt out of SMS messages at any time by replying STOP to any message. You will receive a single confirmation message and no further SMS messages will be sent unless you re-subscribe.

Voice Calls: You may opt out of voice calls at any time by following the opt-out prompts in the automated IVR system when the call connects, or by contacting [email protected]

You may also revoke all consent at any time by contacting [email protected]. Revocation will be honored promptly and no later than within a reasonable time as required by applicable law.

7. Your Rights as an End User

• Consent Required: Our platform requires Group Administrators to obtain your explicit prior express written consent before adding you to any messaging group or voice campaign. Adding recipients without consent is a violation of these Terms and applicable law.
• Consent Non-Transferable: Your consent to receive communications from one organization does not authorize any other organization to contact you. Opt-in lists are never shared, sold, or transferred to third parties.
• Frequency Disclosure: Group administrators are required to inform you of expected SMS and voice contact frequency before you join.
• Easy Opt-Out: You can stop SMS messages at any time using any opt-out keyword, and opt out of voice calls via the IVR prompt or by contacting support. Opt-outs are processed as soon as technically feasible.
• No Unsolicited Contact: Our platform requires Group Administrators to obtain your prior express written consent before sending you any SMS messages or placing any voice calls. Unsolicited contact is a violation of these Terms and grounds for account termination.
• Report Violations: If you receive any unsolicited messages or voice calls through our platform, please report it immediately to [email protected]. We take violations seriously and will investigate and take appropriate action, including account termination.

TERMS FOR GROUP ADMINISTRATORS (Message Senders)

1. Administrator Responsibilities

As a Group Administrator, you — not Connext — are the sender of record for all messages and calls transmitted through your account. Connext does not obtain, verify, or guarantee consent on your behalf for SMS, voice calls, or any other communication type. You bear sole legal responsibility for compliance with all laws governing your messaging and calling activities, including the TCPA and CTIA guidelines. If a recipient, regulator, or carrier brings a claim or complaint arising from messages or calls made through your account, you are responsible for defending and resolving that claim at your own cost.

• Prior Express Written Consent Required — SMS: You must obtain prior express written consent (PEWC) from each recipient before sending any marketing or promotional SMS messages, and prior express consent for informational or transactional messages, as required by the Telephone Consumer Protection Act (TCPA). Consent must be clear, conspicuous, and unambiguous. You may not interpret silence, inaction, or pre-checked boxes as consent. Connext does not collect or manage this consent for you.
• Prior Express Written Consent Required — Voice Calls: You must obtain prior express written consent from each recipient before initiating any autodialed, prerecorded, or artificial voice calls to a mobile number. For calls to residential landlines using a prerecorded or artificial voice, prior express consent is required. Consent for voice calls must be obtained separately and cannot be inferred from consent to receive SMS messages alone, unless the original consent disclosure explicitly covered both communication types.
• Consent at Point of Collection: At the point of consent collection, you must clearly disclose: (a) the name of your organization; (b) the communication types the recipient will receive (SMS, voice, or both); (c) the nature and purpose of those communications; (d) the expected frequency; (e) that message and data rates may apply; (f) how to get help (HELP); and (g) how to opt out (STOP for SMS; verbally or in writing for voice).
• Consent Documentation: You must maintain records of each recipient's consent for each communication type, including the method of opt-in, timestamp, IP address or phone number used, and the exact disclosure language presented at the time of consent. Records must be retained for a minimum of 4 years and provided to Connext upon request.
• Consent Non-Transferable: Consent is program-specific, organization-specific, and channel-specific. You may not share, sell, lease, transfer, or otherwise disclose opt-in lists to any third party. Consent obtained for one program or communication type may not be applied to a different program or channel without obtaining fresh consent.
• Frequency Disclosure: You must clearly inform recipients about expected message and call frequency before they opt in, and disclose this in all calls-to-action.
• Respect Opt-Outs Immediately: You must honor all opt-out requests for both SMS and voice as soon as technically feasible and no later than 10 business days. An SMS opt-out (STOP) does not automatically opt the recipient out of voice calls, and vice versa, unless your program treats them as a unified opt-out. After any opt-out, you may not send additional messages or place additional calls to that number unless the recipient expressly re-subscribes.
• National Do Not Call Registry: You must scrub your contact lists against the National Do Not Call Registry before initiating any voice calls, and honor all applicable state do-not-call lists. You must maintain your own internal do-not-contact list covering both SMS and voice, and honor it across all subsequent campaigns.

2. Prohibited Content and Activities

The following content and activities are strictly prohibited on the Connext platform. Violation will result in immediate account suspension or termination without refund, and may be reported to relevant authorities and carriers:

• SHAFT Content: Content related to Sex, Hate speech, Alcohol (to minors), Firearms (illegal), or Tobacco/vaping in violation of applicable law is prohibited.
• Illegal Content: Any content that violates federal, state, or local law, including illegal gambling, illegal drugs, or illegal financial services.
• Phishing and Fraud: Deceptive messages, phishing attempts, impersonation, or any fraudulent schemes.
• Spam: Unsolicited bulk messaging, high-volume messaging without proper consent, or use of messaging to send unsolicited advertisements.
• Harassment: Messages that harass, threaten, bully, or intimidate recipients.
• Prohibited Calling Activity: Unsolicited telemarketing, lead generation, robocalling, or any calling activity that violates the TCPA or Do Not Call regulations is strictly prohibited.
• No Purchased or Scraped Lists: You may not use purchased contact lists, scraped lists, or add users without their direct, individually obtained consent.
• No Loopholes: You may not attempt to circumvent opt-out requests, consent requirements, or any of these Terms through technical workarounds, alternative numbers, or any other means.

3. Legal Compliance

• TCPA Compliance: You must comply with the Telephone Consumer Protection Act, and all FCC regulations thereunder. You acknowledge that TCPA violations can result in statutory fines for certain violations and that you are solely responsible for ensuring your messaging activities comply with the TCPA.
• CTIA Compliance: You must follow the CTIA Messaging Principles and Best Practices, as amended from time to time, including all requirements for opt-in, opt-out, and message content standards.
• CAN-SPAM Compliance: All messages must include proper sender identification and functional opt-out mechanisms as required by the CAN-SPAM Act.
• State Law Compliance: You must comply with all applicable state laws governing SMS communications, including but not limited to the California Consumer Privacy Act (CCPA) and state-specific do-not-call and anti-spam laws.
• 10DLC / Short Code Registration: If required by carrier policies or applicable law, you are responsible for properly registering your campaign with The Campaign Registry (TCR) or obtaining appropriate short code approval before sending messages through Connext. Connext may suspend messaging for unregistered campaigns without notice.
• Industry Standards: You must follow all telecommunications industry best practices, including those set forth by major wireless carriers.

4. TCPA Indemnification

You agree to defend, indemnify, and hold harmless Connext and its officers, directors, employees, agents, and successors from and against any and all claims, damages, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of the TCPA, CTIA guidelines, Do Not Call regulations, or any other applicable law or regulation governing SMS or voice communications;
• Any claim that messages or calls you sent or initiated through the Connext platform were made without proper consent or in violation of any do-not-call list;
• Any regulatory investigation, fine, or enforcement action arising from your SMS or voice calling activity through the Connext platform;
• Any class action or individual lawsuit brought by recipients of messages or calls you sent through the platform.

This indemnification obligation survives termination of your account and these Terms.

5. Financial Responsibility

• Monthly Minimum Billing: All accounts are billed monthly and subject to a $5 minimum charge per month, regardless of usage. The account will remain open and continue to accrue charges until the account holder expressly closes the account.
• Billing Responsibility: All messages, calls, and emails processed through our platform are billed, regardless of delivery outcome. Message segmentation is determined by the carrier and may vary. You are responsible for all charges incurred on your account.
• Cancellation Policy: Groups may cancel their account at any time, but must pay any remaining balance on their account. Cancellation does not relieve you of payment obligations for services already rendered.
• Chargeback Policy: Initiating chargebacks or payment disputes without first contacting support may result in immediate account suspension. You remain liable for all legitimate charges even if a chargeback is initiated.
• No Refunds: Accounts terminated for violations are not eligible for refunds

6. Account Eligibility and Representations

• Age Requirement: You must be at least 18 years old.
• Legal Authority: You must have legal authority to send messages on behalf of your organization.
• Compliance Representation: By creating an account, you represent and warrant that your use of the Connext platform will comply with all applicable laws and regulations, including the TCPA and CTIA guidelines.
• Ongoing Compliance: You agree to remain in compliance with all applicable laws and these Terms for the duration of your account. Loss of compliance is grounds for immediate account suspension.

GENERAL TERMS (Applicable to All Users)

1. Platform Liability and Indemnification

• Connext Is a Platform Only: Connext provides technology infrastructure for transmitting messages and calls. Connext is not a sender, does not control message content, does not obtain recipient consent, and does not manage Group Administrator contact lists. Connext has no knowledge of, and makes no representations about, whether any specific message or call complies with applicable law.
• Sole Responsibility of Group Administrators: Group Administrators are solely and exclusively responsible for: (a) all content sent through their account; (b) obtaining and documenting all required recipient consents for SMS and voice communications before initiating contact; (c) ensuring compliance with the TCPA, CTIA guidelines, CAN-SPAM, Do Not Call regulations, and all other applicable laws; (d) responding to and resolving any recipient complaints or opt-out requests; and (e) any regulatory investigation, fine, enforcement action, or private lawsuit arising from their messaging or calling activity.
• Indemnification: Group Administrators and End Users each agree to defend, indemnify, and hold harmless Connext and its affiliates, officers, directors, employees, and agents from any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use or misuse of the Connext platform; (b) any messages or calls you sent or caused to be sent; (c) your failure to obtain proper recipient consent; (d) your violation of these Terms or any applicable law; or (e) your violation of any third party's rights, including rights under the TCPA. This obligation is not limited by any cap on damages and survives termination of your account.
• No Liability for Administrator Actions: Connext is not liable for any damages, losses, regulatory penalties, or legal consequences resulting from messages or calls sent through our platform, including but not limited to TCPA violations, lack of consent, hate speech, harassment, fraud, or any other harmful or illegal conduct by Group Administrators.
• Carrier Limitations: Participating wireless carriers are not liable for delayed or undelivered messages. Connext does not guarantee message delivery and is not liable for carrier-level filtering or blocking of messages.
• Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONNEXT'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS YOU PAID TO CONNEXT IN THE THREE (3) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL CONNEXT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
• System Abuse: Any abuse of the system, including but not limited to excessive messaging, automated spam, use of purchased lists, or violation of these Terms will result in immediate account suspension or termination without refund.

3. Service Terms

We reserve the right to modify these Terms at any time. We will provide reasonable notice of material changes by updating the effective date at the top of this page or by other appropriate means. Continued use of the service after changes indicates your acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue use of the service.

4. Privacy Policy

We take your privacy seriously. Please review our Privacy Policy to understand how we collect, use, and safeguard your information: Privacy Policy

5. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Connext with respect to your use of the platform and supersede all prior and contemporaneous agreements, representations, and understandings. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.