Terms of Use

1.0 SMS Program Terms

1.1 Overview of Consent: By opting into any Elevated program through a QR code, web form, or keyword submission, you provide your express written consent to receive recurring automated marketing text messages from Elevated. This consent is given voluntarily and is not a condition of any purchase or transaction you may make with Elevated.

1.2 Consent to Receive Messages: 1.2.1 By providing your phone number and opting into the SMS program, you agree to receive marketing communications via SMS messages, which may include promotions, alerts, and updates relevant to Elevated’s products and services. 1.2.2 These communications may be automated and may involve messages sent to your mobile device without human intervention, including transactional and promotional messages.

1.3 No Purchase Necessary: 1.3.1 Consent to receive SMS communications is not a condition for purchasing any goods or services from Elevated. 1.3.2 You are not required to make any purchases in exchange for opting into the SMS program or receiving messages.

1.4 Message and Data Rates: 1.4.1 You acknowledge and agree that message and data rates may apply from your mobile carrier. Elevated is not responsible for any fees or charges incurred from your mobile provider. 1.4.2 Elevated is not responsible for any delays or failures in message delivery that may occur due to factors outside of Elevated’s control, including mobile network outages or issues.

1.5 Frequency of Messages: 1.5.1 The frequency of messages sent to your mobile device will vary depending on user interaction with the program, including but not limited to the type of program you have opted into and your responses to communications from Elevated. 1.5.2 Elevated may send promotional, informational, or transactional messages at intervals based on your usage and the program you are enrolled in.

1.6 Opt-Out Instructions: 1.6.1 You may opt out of receiving further SMS messages at any time by replying with the word “STOP” to any message you receive. Upon opting out, Elevated will send a confirmation message that you have been unsubscribed from the program. 1.6.2 To request further assistance, users may reply with the word “HELP” to receive instructions on how to manage preferences or opt out of the program.

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Subscription Cancellation Policy

How to Cancel: To cancel your Elevated SMS Marketing subscription, you must contact our support team directly. Cancellations cannot be processed automatically through the dashboard. You can request cancellation by emailing us at dpollock@elevatedsmsmarketing.com or by calling our support line at +1 (343) 262-0533.

Effective Date of Cancellation: All cancellation requests will take effect at the end of your current billing cycle (the current subscribed month). You will retain full access to your account and remaining monthly credits until the end of this billing period, after which your account will be downgraded or suspended and no further charges will be applied.

Privacy Policy

2.0 Privacy Policy

2.1 Collection of Personal Information: 2.1.1 Elevated is committed to protecting your privacy. By opting into our SMS program, we may collect the following personal information: Phone numbers, Names (if provided). 2.1.2 This information is collected solely for the purpose of delivering SMS marketing and transactional messages. It will be used to provide you with the relevant updates, alerts, and offers.

2.2 Use of Information: 2.2.1 Your phone number and other information will only be used to deliver the SMS services you have consented to. We do not use your data for any other purpose outside the scope of the SMS service. 2.2.2 Elevated may use the data provided to segment users and tailor messages based on your preferences or interactions with the program.

2.3 Data Sharing and Third Parties: 2.3.1 Elevated will not sell, rent, or share your phone number or personal information with any third parties for marketing purposes. 2.3.2 We do not share your data with any external organizations or entities unless required by law or as necessary to provide you with the services you have opted into.

2.4 Security of Personal Data: 2.4.1 Elevated takes reasonable precautions to protect the security of your personal information and prevent unauthorized access, disclosure, or misuse. 2.4.2 We employ industry-standard security measures, including encryption, to safeguard your data. However, please note that no method of data transmission over the internet is completely secure.

Acceptable Use Policy

3.0 Acceptable Use Policy

3.1 Prohibited Content: 3.1.1 Users of the Elevated SMS program are prohibited from sending or receiving content that violates any of the following categories: 3.1.1.1 Sexual Content, 3.1.1.2 Hate Speech, 3.1.1.3 Alcohol, Firearms, and Tobacco. 3.1.2 Marketing messages that contain any of the above prohibited content are strictly prohibited and will result in the suspension or termination of your participation in the program.

3.2 Message Timing Restrictions: 3.2.1 In accordance with applicable laws, marketing messages sent by Elevated may only be transmitted between 8:00 a.m. and 9:00 p.m. local time in the recipient’s location. 3.2.2 Any messages sent outside of these hours are in violation of the terms and will be subject to appropriate action, including revocation of program access.

3.3 Compliance with Laws: 3.3.1 Users are required to comply with all applicable laws and regulations governing marketing practices, including those related to SMS marketing, privacy, and consumer protection. 3.3.2 Elevated reserves the right to take any necessary action to ensure compliance with these laws, including reporting violations to the appropriate authorities.

3.4 Enforcement: 3.4.1 Elevated reserves the right to suspend or terminate any user’s participation in the SMS program if they violate any terms of this Acceptable Use Policy. 3.4.2 Violations of this policy may also lead to legal action if deemed necessary by Elevated, including potential legal consequences under applicable laws.

Anti-Spam Policy

Elevated SMS Marketing is a fully opt-in service, meaning we only communicate with users who have explicitly chosen to receive messages. We respect your privacy and never share or sell your contact information. For more details, please review our anti-spam and privacy policies. Standard message and data rates may apply in the US and Canada. To unsubscribe, text STOP.

1. Our Commitment: We do not provide lists of phone numbers and we do not buy, rent, or sell contact lists. We support and enforce practices that respect recipients' time, attention, and privacy.

2. Opt-in: You may only send messages to people who have explicitly agreed to receive texts from your business at the number you use through Elevated. Consent must be clear, specific to your business, and separate from other terms. Examples of valid opt-in include a customer entering their number into a web form with clear language, checking a box that is not pre-selected, or texting a keyword to your number.

3. Opt-out: Every message must include simple instructions for how to stop receiving texts, such as "Reply STOP to cancel". When a contact replies with a recognized stop keyword, you must not send further messages.

4. Content and Frequency: Content should match what you described at the time of opt-in and should be relevant to your relationship with the recipient. You agree not to overwhelm subscribers with excessive messages.

5. Enforcement and Reporting: If we receive complaints, carrier notices, or other evidence that your campaigns are generating unwanted traffic, we may pause or terminate sending while we investigate.

User Agreement & Disclaimers

Last updated: May 2026. These terms apply to all use of the Elevated SMS Marketing platform. Elevated SMS Marketing is a sole proprietorship registered in the Province of Ontario, Canada and owned and operated by Dylan Pollock (the "Owner"). References to "Elevated SMS Marketing", "we", "us", and "our" in these Terms refer to the Owner doing business as Elevated SMS Marketing. By using the Service, you agree to all sections below.

4.1 Limitation of Liability

To the maximum extent permitted by law, in no event shall Elevated SMS Marketing, its officers, directors, employees, agents, suppliers, or affiliates be liable for: (a) any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of the Service; (b) any damages resulting from unauthorized access to or alteration of your transmissions or data; (c) any damages resulting from any conduct or content of any third party on the Service; or (d) any damages resulting from any messages sent by you or on your behalf through the Service.

Aggregate Cap: The total aggregate liability of Elevated SMS Marketing to you for all claims arising from or related to the Service shall not exceed the greater of (i) the total amount you paid to Elevated SMS Marketing in the twelve (12) months preceding the event giving rise to the claim, or (ii) one hundred Canadian dollars (CAD $100).

4.2 Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Elevated SMS Marketing does not warrant that: (a) the Service will be uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; (d) messages will be delivered to all recipients or within any specific timeframe; or (e) the results of using the Service will meet your requirements or expectations.

4.3 Indemnification

You agree to defend, indemnify, and hold harmless Elevated SMS Marketing and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including legal fees) arising from: (a) your use of and access to the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any copyright, property, or privacy right; (d) any claim that your messages, campaigns, or use of the Service caused damage to a third party; (e) any violation by you of the Telephone Consumer Protection Act (TCPA), Canada's Anti-Spam Legislation (CASL), the CAN-SPAM Act, the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), or any other applicable telemarketing, privacy, or consumer protection law; (f) any failure by you to obtain proper express written consent from message recipients; or (g) any complaints, opt-out violations, carrier penalties, or class action claims relating to messages sent through your account.

Recipient Consent is YOUR Responsibility: You acknowledge and agree that you are solely responsible for obtaining, maintaining, and documenting proper legal consent from all message recipients before sending any communication through the Service. Elevated SMS Marketing provides the platform only and is not responsible for the content, targeting, consent status, or legality of any messages sent by you.

This indemnification obligation will survive termination of these Terms and your use of the Service.

4.4 Dispute Resolution & Arbitration

PLEASE READ CAREFULLY — THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

(a) Informal Resolution: Before filing any claim against Elevated SMS Marketing, you agree to first attempt to resolve the dispute informally by sending written notice to dpollock@elevatedsmsmarketing.com. The parties will negotiate in good faith for thirty (30) days.

(b) Binding Arbitration: If the dispute is not resolved informally, you and Elevated SMS Marketing agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by final and binding arbitration administered under the ADR Institute of Canada's Arbitration Rules, with the seat of arbitration in Ottawa, Ontario. The arbitration shall be conducted in English by a single arbitrator.

(c) Class Action Waiver: YOU AND ELEVATED SMS MARKETING AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration.

(d) Exceptions: The following are excluded from arbitration: (i) claims for injunctive or equitable relief related to intellectual property rights; (ii) claims that may be brought in small claims court; (iii) claims that cannot lawfully be required to be arbitrated.

(e) Opt-Out: You may opt out of this arbitration agreement by sending written notice to dpollock@elevatedsmsmarketing.com within thirty (30) days of first accepting these Terms.

4.5 Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Subject to Section 4.4 (Arbitration), the exclusive jurisdiction and venue for any action not subject to arbitration shall be the courts located in Ottawa, Ontario, Canada. You consent to the personal jurisdiction of such courts and waive any objection based on inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

4.6 Account Suspension & Termination

(a) Termination by You: You may terminate your account at any time by following the cancellation procedure in the Subscription Cancellation Policy. No refunds are provided for any unused portion of your subscription period.

(b) Termination by Us: Elevated SMS Marketing reserves the right to suspend or terminate your account, in whole or in part, at any time, with or without notice, for any reason, including but not limited to: (i) breach of these Terms or any policy referenced herein; (ii) suspected violation of applicable law including TCPA, CASL, CAN-SPAM, or carrier regulations; (iii) excessive opt-out rates, spam complaints, or carrier filtering against your messages; (iv) non-payment of fees; (v) conduct that we determine, in our sole discretion, harms other users, third parties, our reputation, or the Service; (vi) extended inactivity; or (vii) any reason or no reason at all.

(c) Effect of Termination: Upon termination, your right to access and use the Service immediately ceases. Any unused message credits, subscription time, or stored data may be permanently deleted without notice. Sections relating to indemnification, limitation of liability, governing law, dispute resolution, and any other provisions which by their nature should survive will survive termination.

(d) No Refund for Cause: If your account is terminated by Elevated SMS Marketing for breach of these Terms, you are not entitled to any refund of fees paid.

4.7 Billing, Refunds & Chargebacks

(a) Subscription Fees: All subscription fees are billed in advance on a monthly basis and are non-refundable except as expressly required by law. By providing payment information, you authorize Elevated SMS Marketing and our payment processor (Stripe, Inc.) to charge your payment method automatically on each renewal date until you cancel.

(b) Unused Credits: Message credits do not roll over between billing periods unless explicitly stated in your plan. Unused credits are forfeited at the end of each billing cycle and are not refundable.

(c) Cancellation: Cancellation takes effect at the end of the current billing period. You retain access until that date. No partial-month refunds.

(d) Chargebacks: If you initiate a chargeback or payment dispute for any charge we determine was validly incurred: (i) we may immediately suspend or terminate your account; (ii) we may charge you a CAD $35 chargeback processing fee; (iii) we reserve all rights to pursue collection of the disputed amount and any related legal fees.

(e) Failed Payments: If your payment fails, we will retry for up to seven (7) days. If still unpaid, your account will be suspended until payment is received. You remain responsible for all fees accrued during any failed-payment period.

(f) Price Changes: We may change subscription prices at any time. Price changes take effect at the start of your next billing cycle and we will provide at least thirty (30) days advance notice via email.

4.8 Third-Party Sub-Processors

To deliver the Service, we use the following third-party providers ("Sub-processors") that may have access to your data. By using the Service, you consent to their use:

• Telnyx LLC (United States) — SMS message delivery and phone number provisioning
• Stripe, Inc. (United States) — Payment processing
• [Hosting Provider] — Application hosting and data storage
• Google LLC (United States) — Analytics, where applicable

Each Sub-processor has its own privacy policy and security practices. We select providers we reasonably believe maintain appropriate security and privacy standards but are not responsible for their independent practices. We may update this list from time to time; continued use of the Service after such updates constitutes acceptance.

4.9 Age Restriction & Eligibility

You must be at least eighteen (18) years of age and legally capable of entering into binding contracts to use the Service. By creating an account, you represent and warrant that: (a) you are at least 18 years old; (b) you have the legal authority to bind yourself or the business entity you represent to these Terms; (c) your use of the Service does not violate any applicable law in your jurisdiction; and (d) the information you provide during registration is accurate and complete. If we discover or have reason to believe you are under 18, we will immediately terminate your account and may forfeit any fees paid. The Service is not directed at children, and we do not knowingly collect personal information from anyone under 18.

4.10 Force Majeure

Elevated SMS Marketing shall not be liable for any failure or delay in performance under these Terms that is caused by circumstances beyond our reasonable control, including but not limited to: (a) acts of God, natural disasters, fire, flood, earthquake, or extreme weather; (b) war, terrorism, civil unrest, or governmental action; (c) pandemic, epidemic, or public health emergency; (d) failures, outages, or disruptions of telecommunications networks, internet service providers, mobile carriers, or third-party Sub-processors (including Telnyx, Stripe, or our hosting providers); (e) cyber attacks, denial-of-service attacks, or other malicious interference; (f) power failures, equipment failures, or labour disputes; (g) changes to applicable law, regulation, or carrier policy that materially affect our ability to provide the Service. If any such event continues for more than thirty (30) days, either party may terminate the affected portion of the Service without further liability.

4.11 General Provisions

(a) Modification of Terms: We reserve the right to modify these Terms at any time in our sole discretion. Material changes will be communicated by email or platform notice. Continued use after such changes constitutes acceptance. If you do not agree, your only remedy is to discontinue use of the Service.

(b) Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving original intent.

(c) Entire Agreement: These Terms, together with the Privacy Policy, Acceptable Use Policy, Anti-Spam Policy, and any other policies referenced herein, constitute the entire agreement between you and Elevated SMS Marketing regarding the Service and supersede all prior agreements, understandings, or representations.

(d) No Waiver: No failure or delay by Elevated SMS Marketing in exercising any right under these Terms shall operate as a waiver of that right.

(e) Assignment: You may not assign or transfer these Terms or any rights granted hereunder without our prior written consent. We may assign these Terms freely.

(f) Notices: All legal notices to Elevated SMS Marketing must be sent in writing to dpollock@elevatedsmsmarketing.com with a copy via registered mail to [Business Address], Ottawa, Ontario, Canada. Notices to you may be delivered to the email address associated with your account.

(g) Headings: Section headings are for convenience only and have no legal effect.