**Terms and Conditions for SMS Communications**

Effective Date: June 1, 2024

These Terms and Conditions ("Terms") govern the use of SMS (Short Message Service) communications provided by Fiks ("we," "our," "us"). By subscribing to or using our SMS service, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use or subscribe to our SMS service.

**1. Acceptance of Terms**

By providing your mobile phone number and subscribing to our SMS service, you consent to receive SMS messages from [Website Name], including transactional, promotional, and service-related communications. These messages may include, but are not limited to, notifications, alerts, updates, promotions, surveys, and customer support responses.

**2. SMS Program Enrollment**

You may subscribe to our SMS service by:

- Providing your mobile phone number on our website or through other registration methods.

- Opting in via SMS by texting a keyword to a designated short code.

You acknowledge that your consent to receive SMS messages is not a condition of any purchase.

**3. Message Frequency**

The frequency of SMS messages will vary based on your interactions with us and the type of messages you have opted to receive. We may send recurring messages related to:

- Order confirmations, shipping updates, or account-related notifications.

- Promotional offers, discounts, or marketing campaigns (with your consent).

- Customer support and service-related inquiries.

**4. Opting Out**

You can opt-out of receiving SMS messages at any time by:

- Replying "STOP" to any SMS message you receive from us.

- Contacting our customer support at [contact email or phone number].

Once you opt-out, we will send a confirmation message, and you will no longer receive SMS communications from us, except for transactional or service-related messages (e.g., order confirmations, customer service follow-ups).

**5. Message and Data Rates**

Message and data rates may apply depending on your mobile service plan. Charges for text messages, including applicable roaming charges, may be billed by your mobile carrier. You are responsible for any charges imposed by your carrier, and you should check with your mobile provider to understand what charges may apply.

**6. Supported Carriers**

Our SMS service is supported by a wide range of carriers. However, we cannot guarantee compatibility with all carriers or that the service will be available at all times or in all areas. Carrier outages, issues, or other factors beyond our control may affect the delivery of SMS messages.

**7. Privacy**

Your privacy is important to us. By using our SMS service, you agree to the collection, use, and sharing of your information as described in our [Privacy Policy]. We will not share your phone number with any third parties for their marketing purposes without your consent.

**8. Use of Service**

By using our SMS service, you agree to the following:

- You will not use the SMS service for any unlawful, abusive, harassing, or unauthorized purpose.

- You will not attempt to collect, distribute, or share personal information of others through the SMS service.

- You will not interfere with the normal functioning of the SMS service or attempt to disrupt, hack, or tamper with our systems or security protocols.

We reserve the right to terminate or suspend your access to the SMS service if you violate these Terms or engage in any misuse of the service.

**9. Disclaimer of Warranties**

Our SMS service is provided on an "as-is" and "as-available" basis. We do not guarantee that the SMS service will be error-free, uninterrupted, or available at all times. We disclaim any and all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

**10. Limitation of Liability**

To the maximum extent permitted by law, [Website Name] and its affiliates, officers, directors, employees, and agents will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for lost profits, loss of data, or other intangible losses resulting from your use of or inability to use the SMS service, even if we have been advised of the possibility of such damages.

**11. Indemnification**

You agree to indemnify, defend, and hold harmless Fiks, its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the SMS service, your violation of these Terms, or your violation of any law or the rights of a third party.

**12. Modifications to These Terms**

We reserve the right to modify, suspend, or terminate the SMS service or these Terms at any time, with or without notice. Any changes will be posted on our website or communicated via SMS. Your continued use of the SMS service after any changes have been posted constitutes your acceptance of the new Terms.

**13. Governing Law and Dispute Resolution**

These Terms shall be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the SMS service shall be resolved through binding arbitration, except where prohibited by law.

**14. Contact Information**

If you have any questions or concerns regarding these Terms or our SMS service, please contact us at:

- Email: getyourfiks@gmail.com

- Phone: 385-333-4183

- Address: 883 W Pleasant View Drive, Pleasant View Utah 84414

By subscribing to or using our SMS service, you acknowledge that you have read, understood, and agree to these Terms and Conditions.