Terms and Conditions

Effective Date

: 10/13/24

FLX MARKETING Ai Terms and Conditions for SMS, Email, Social Media, and Call Communication

By opting-in to receive communications from FLX MARKETING Ai, or by initiating communication through text message, email, social media, or calls (“Service Enrollment”), you consent to receiving messages related to marketing, transactional updates, and other business-related communications. These messages may include information about services, promotional offers, and updates from FLX MARKETING Ai, in accordance with your subscription preferences.

Opt-In Consent for SMS Enrollment

When you initiate SMS Enrollment, you confirm and represent that:

You are the owner or authorized user of the mobile device used for the enrollment. You are authorized to approve any applicable messaging charges in connection with communications you receive from FLX MARKETING Ai. You are responsible for any messaging, data, or other carrier fees that may apply for text messages sent to and from FLX MARKETING Ai. Neither FLX MARKETING Ai, nor your mobile carrier, will be responsible for delayed or undelivered messages.

Opt-In Consent for Other Channels

By providing your email or initiating communication via social media or calls, you consent to receive marketing, transactional, and other service-related communications through these channels. Consent is not required as a condition for purchasing services from FLX MARKETING Ai.

Opt-Out Process

You can opt-out of SMS communications at any time by texting “STOP” in response to any message received from FLX MARKETING Ai, from the mobile device that is subscribed. Once you send “STOP,” we will send a final confirmation text to ensure you are unsubscribed from receiving further messages.

For email and social media communications, you can unsubscribe by following the opt-out instructions provided in each message, or by contacting FLX MARKETING Ai directly.

If you are subscribed to multiple types of communications from FLX MARKETING Ai (SMS, email, calls, social media), you will need to opt-out from each communication method individually to stop receiving messages across all platforms.

Message and Data Rates

Message and data rates may apply depending on your carrier plan. You are responsible for any fees related to your subscription, including but not limited to SMS, MMS, or data charges.

Security and Privacy

FLX MARKETING Ai values your privacy and complies with all applicable data privacy laws, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and any applicable state privacy laws. However, please note that communication channels such as SMS and email are not encrypted, and transmission over the internet and mobile networks is not 100% secure. Messages you send to or receive from FLX MARKETING Ai are transmitted at your own risk.

By opting in, you agree that FLX MARKETING Ai may collect and use your contact details for the purpose of sending marketing communications, and you acknowledge that FLX MARKETING Ai will protect your personal information in accordance with our

Privacy Policy

. If you choose to send sensitive information through these channels, you do so voluntarily.

Intellectual Property Rights

All content provided by FLX MARKETING Ai, including but not limited to logos, trademarks, text, images, and software, is the intellectual property of FLX MARKETING Ai or its licensors. You may not use, reproduce, or distribute any such materials without prior written consent from FLX MARKETING Ai. All rights are reserved.

Disclaimer of Warranties

FLX MARKETING Ai makes no representations or warranties of any kind, express or implied, regarding the operation of the services or communications, including but not limited to the accuracy or timeliness of the information provided, or the uninterrupted and error-free service.

Limitation of Liability

To the fullest extent permitted by law, FLX MARKETING Ai, its directors, employees, affiliates, and agents shall not be liable for any damages arising from your use of the services, including but not limited to direct, indirect, incidental, punitive, and consequential damages. This includes, without limitation, any loss of profit, business interruption, loss of data, or other damages resulting from delays, failures, or interruptions in the delivery of services or communications.

Indemnification

By using FLX MARKETING Ai services, you agree to indemnify, defend, and hold harmless FLX MARKETING Ai and its affiliates from any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from your violation of these Terms and Conditions or your misuse of the services.

Compliance with A2P Regulations

FLX MARKETING Ai adheres to A2P (Application-to-Person) messaging regulations to ensure compliance with industry standards and legal requirements, including ensuring that all recipients have provided the necessary consent to receive communications. All messages will comply with applicable regulations, including content guidelines, volume restrictions, and necessary opt-out mechanisms. Any violation of these regulations by users or subscribers may result in suspension or termination of the communication services.

Service Modifications

FLX MARKETING Ai reserves the right to modify or discontinue the services or any part thereof at any time without notice. Such changes will be posted on our website, and it is your responsibility to stay informed of these updates.

Updates to Terms and Conditions

FLX MARKETING Ai reserves the right to modify these terms at any time. Changes will be posted to our website or communicated to you via your chosen communication method. Continued use of the services after any such updates constitutes your acceptance of the modified terms.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which FLX MARKETING Ai operates, without regard to its conflict of law principles. Any legal disputes shall be resolved in the courts of said jurisdiction.

FLX MARKETING Ai

Emai: [email protected]

Phone: 1 (888) 865-7914

San Diego, CA