Text Messaging Terms

Effective Date: January 6, 2025

These Text Messaging Terms ("SMS Terms") govern your consent to receive text messages from UpBuoy and outline our text messaging practices in compliance with applicable laws including the Telephone Consumer Protection Act (TCPA).

1. Consent to Receive Text Messages

Express Written Consent Required: By providing your mobile phone number and explicitly opting in to receive text messages from UpBuoy, you provide express written consent to receive text messages from us at the number you provided.

Separate Consent Action: Your consent to receive text messages is completely separate from your use of UpBuoy's services. Consent to receive text messages is NOT a requirement for using UpBuoy's pool service management platform.

Opt-in Process: You will only receive text messages after taking a distinct action to opt-in, such as checking an unchecked checkbox or submitting a separate form specifically for text messaging consent.

2. Types of Messages

By consenting to text messages, you may receive:

  • Service Updates: Important notifications about your UpBuoy account, service updates, and platform changes
  • Marketing Messages: Promotional content about UpBuoy features, updates, tips, and special offers (requires separate express written consent)
  • Transactional Messages: Account-related communications such as billing notifications and security alerts

3. Marketing Message Consent

Additional Consent Required: Marketing and promotional text messages require separate express written consent beyond basic service communications.

Clear Disclosure: When requesting consent for marketing messages, we will clearly identify the purpose and frequency of messages.

4. Message Frequency and Timing

Frequency: Message frequency varies based on your account activity and the types of messages you've consented to receive. Marketing messages will not exceed [specify frequency, e.g., "2 messages per week"].

Timing: Messages will generally be sent during business hours (8 AM - 8 PM in your local time zone) unless urgent.

5. Message and Data Rates

Message and data rates may apply. UpBuoy does not charge for text messages, but your mobile carrier may charge for receiving text messages according to your mobile plan.

You are responsible for any charges from your mobile carrier for receiving text messages from UpBuoy.

6. Opt-Out and Consent Withdrawal

Easy Opt-Out: You may withdraw your consent to receive text messages at any time by:

  • Replying "STOP" to any text message from UpBuoy
  • Texting "STOP" to [phone number]
  • Updating your communication preferences in your UpBuoy account settings
  • Contacting our support team at [support email/phone]

Confirmation: You will receive a confirmation message when you opt out.

No Impact on Service: Opting out of text messages will not affect your ability to use UpBuoy's pool service management platform.

7. Help and Support

For help with text messaging, reply "HELP" to any message or contact us at:

  • Email: team@konaequity.com

8. Carrier and Device Requirements

Text messaging services are available for most major U.S. mobile carriers. Not all carriers and devices may be supported.

UpBuoy is not responsible for delayed or undelivered messages due to carrier or device limitations.

9. Privacy

Your mobile phone number and text messaging preferences are governed by our Privacy Policy. We do not share your mobile phone number with third parties for their marketing purposes without your consent.

10. Compliance with Laws

UpBuoy complies with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and other applicable laws governing text messaging and electronic communications.

We maintain records of consent as required by law and implement procedures to honor opt-out requests promptly.

11. Changes to Text Messaging Terms

UpBuoy may update these SMS Terms from time to time. Material changes will be communicated via email or through the platform, with at least 30 days' notice.

Continued consent to receive text messages after changes indicates acceptance of the updated terms.

Key Compliance Points:

  • Consent is separate from service requirements
  • Clear opt-in process with unchecked checkboxes by default
  • Express written consent required for marketing messages
  • Easy opt-out methods clearly communicated
  • No requirement to consent to messaging to use the service

Legal Notice: These terms are designed to comply with TCPA requirements and Twilio's verification standards. Legal counsel should review these terms to ensure full compliance with applicable laws and regulations in your jurisdiction.