SMS Add-On Terms of Service

1.Service Description

StudioC’s SMS service enables Clients to send SMS messages to their congregation or members. This service is available only as an add-on to an existing MES subscription or qualifying services.

2.Client Responsibilities

1. 2.1 Message Recipient Consent

   Client must obtain explicit, documented consent from all recipients before sending them messages through the StudioC SMS service. Client agrees to maintain records of such consent.

2. 2.2 Opt-Out Requirements

   Client must inform recipients that they can opt out of messages by replying STOP, QUIT, END, CANCEL, or UNSUBSCRIBE. Client must immediately honor all opt-out requests.

3. 2.3 Message Disclosure

   Client must disclose to recipients that message and data rates may apply and that message frequency varies.

4. 2.4 Legal Compliance

   Client is responsible for ensuring all messages sent through the service comply with applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and applicable state laws.

3.Authorized Users

1. 3.1 User Management

   Client may authorize employees or contractors (“Authorized Users”) to access and use the service on Client’s behalf. Client is responsible for all actions taken by its Authorized Users.

2. 3.2 Account Security

   Client is responsible for maintaining the security of all login credentials. Client must notify StudioC immediately of any unauthorized access.

4.Prohibited Content and Uses

Client shall not use the StudioC SMS service to send:

• Messages to recipients who have not provided explicit consent
• Messages to individuals under age 13
• Messages containing illicit, sexually explicit, or discriminatory content
• Messages related to financial services, loans, or investment opportunities
• Promotional or marketing messages unrelated to Client’s primary services
• Any content that violates applicable laws or regulations

5.Data Processing and Privacy

1. 5.1 Data Processing

   StudioC processes message data solely as a processor on behalf of Client, who remains the data controller.

2. 5.2 Data Protection

   StudioC will implement reasonable security measures to protect data processed through the service. Specific data protection terms are detailed in our Data Protection Addendum, which is incorporated by reference.

3. 5.3 Data Retention

   StudioC will retain message data for the period necessary to provide the service and comply with legal obligations.

6.Subscription and Payment

1. 6.1 Fees

   Fees for the SMS service will be charged according to Order terms; subscription tier may be adjusted based on usage per terms.

2. 6.2 Billing

   The SMS service will be billed as an add-on to Client’s existing MES subscription on the same billing cycle.

3. 6.3 No Refunds

   All fees are non-refundable, including for partial months of service.

7.Term and Termination

1. 7.1 Term

   This agreement begins when Client activates the SMS service and continues until terminated.

2. 7.2 Termination by Client

   Client may terminate this service with 30 days’ notice by providing written notice to support@studioc.com.

3. 7.3 Termination by StudioC

   StudioC may suspend or terminate service for violation of these terms or non-payment with 30 days’ notice.

8.Service Level Agreement

StudioC will provide 99.9% uptime for the SMS service, excluding scheduled maintenance. Support response times and service credits for downtime are detailed in our Service Level Agreement, which is incorporated by reference.

9.Warranties and Liability

1. 9.1 Limited Warranty

   StudioC warrants that the service will function substantially as described. StudioC makes no other warranties, express or implied.

2. 9.2 Limitation of Liability

   StudioC’s total liability arising from this agreement shall not exceed the amounts paid by Client for the SMS service in the twelve months preceding the claim.

3. 9.3 Client Indemnification

   Client shall indemnify and hold StudioC harmless from claims arising from Client’s use of the service, including claims related to recipient consent or message content.

10.General Provisions

1. 10.1 Governing Law

   This agreement is governed by the laws of Arizona, without regard to conflict of law principles.

2. 10.2 Modifications

   StudioC may modify these terms with 30 days’ written notice to Client.

3. 10.3 Assignment

   Client may not assign this agreement without StudioC’s prior written consent.

4. 10.4 Entire Agreement

   This agreement, together with the MES subscription terms, constitutes the entire agreement between the parties regarding the SMS service.