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Terms & Conditions (SMS/MMS/RCS Messaging Program)

Last updated: July 28, 2025

1) Acceptance of Terms

By enrolling in or using Captive Audience Marketing, Inc. messaging programs (marketing and/or notifications) delivered via providers such as Twilio and applicable carriers/platforms, you agree to these Terms. If you do not agree, do not enroll or use the program.

2) Program Description

  • Marketing: promotional messages, announcements, and offers.

  • Notifications: transactional or informational messages (e.g., confirmations, reminders, account/service updates).

  • Channels: SMS, MMS, and RCS (e.g., Google RBM) delivered from 10DLC long code / toll-free / short code / alphanumeric (where applicable).

3) Enrollment & Consent

You represent that you are the subscriber or customary user of the phone number provided and that you consent to receive messages. Enrollment methods may include website checkbox with express consent language, text keyword, point-of-sale, paper/electronic form, or account signup. Consent is not a condition of purchase.

Consent language to place on forms:
“By providing your phone number and submitting this form, you agree to receive marketing texts (e.g., promos) and transactional texts (e.g., reminders) from Captive Audience Marketing, Inc. Msg & data rates may apply. Msg freq up to 4 msgs/mo. Reply STOP to opt out, HELP for help. Consent not a condition of purchase.”

4) Message Frequency

Marketing: up to 4 msgs/month per program.
Notifications: frequency varies by your activity/requests (e.g., appointment reminders, confirmations).
Messages may be sent using automated technology.

5) Opt-Out and Help

  • Text STOP to end marketing messages from the specific program/number. We honor recognized synonyms (END, CANCEL, UNSUBSCRIBE, QUIT).

  • Text HELP for assistance or contact support@captive-audience.com or (800) 488-2550.

  • We process opt-outs promptly and within a reasonable time.

  • RCS: You may use RCS-native controls; we will honor those signals.

6) Costs

Message and data rates may apply. You are responsible for carrier charges and for maintaining a compatible device and service plan.

7) Supported Carriers, Delivery & RCS Availability

Delivery depends on your carrier/network. Carriers are not liable for delayed or undelivered messages. RCS availability depends on device, OS, carrier support, and user settings; where RCS is unavailable, messages may be delivered via SMS/MMS.

8) Eligibility

You must be 18 or older (or the age of majority in your jurisdiction) and reside in the United States. Do not enroll if prohibited by your carrier agreement or local law.

9) Prohibited Use

Do not use our messaging programs to violate any law or third-party rights (e.g., spam, harassment, fraud, hate speech, illegal content). We may suspend or terminate access for suspected abuse, security risks, or rule violations (e.g., CTIA/TCPA).

10) Privacy

Your participation is subject to our Privacy Policy (Communications via SMS/MMS/RCS).

11) Changes to the Program or Terms

We may modify or discontinue the program or update these Terms at any time. Material changes will be posted on our website and/or communicated via message or email. Continued use after changes constitutes acceptance.

12) Disclaimers & Limitation of Liability

Messaging is provided “as is.” We do not guarantee uninterrupted or error-free service. To the fullest extent permitted by law, Captive Audience Marketing, Inc. and our providers (including Twilio and carriers/platforms) are not liable for indirect, incidental, special, consequential, or punitive damages. 

13) Indemnification

You agree to indemnify and hold Captive Audience Marketing, Inc. harmless from claims arising out of your misuse of the program or breach of these Terms.

14) Governing Law & Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Venue for any disputes shall be the state or federal courts located in Riverside, California.
Optional: We can add an arbitration clause & class-action waiver tailored to California; just say the word.

15) Contact

support@captive-audience.com | (800) 488-2550