SMS Marketing Terms of Service

Last Updated: Oct 12, 2025

Agreement to Terms

By subscribing to receive SMS/text messages from Alira AI ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not subscribe to our SMS program.

Program Description

Our SMS marketing program provides subscribers with:

• Promotional offers and discounts
• Product updates and announcements
• Important company news and information
• Order updates and notifications (if applicable)
• Exclusive subscriber-only content

Enrollment and Consent

How to Opt-In

You may subscribe to our SMS program by:

• Completing the subscription form on our website
• Texting a keyword to our designated short code or phone number
• Providing your phone number and consent at the point of sale or registration

Express Written Consent

By subscribing, you provide your express written consent to receive recurring automated marketing text messages from Alira AI to the mobile phone number you provided. You understand that consent is not required as a condition of purchasing any goods or services.

Age Requirement

You must be at least 18 years of age (or the age of majority in your jurisdiction) to subscribe to our SMS program. By subscribing, you represent that you meet this age requirement.

Accurate Information

You agree to provide accurate and current information, including a valid mobile phone number that you own or have authorization to use.

Message Frequency and Costs

Message Frequency

Message frequency varies depending on your engagement and our promotional schedule. You may receive up to 5 messages per week/month. During special promotions or events, message frequency may increase.

Costs

Standard message and data rates may apply based on your mobile carrier's plan. We do not charge for messages, but your carrier may. Please contact your mobile carrier for pricing details. We are not responsible for any charges you incur from your mobile carrier.

Supported Carriers

Our SMS program is available to subscribers with compatible mobile devices on participating carriers, including but not limited to: AT&T, T-Mobile, Verizon, Sprint, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, and others. Not all carriers are supported. Check with your carrier for compatibility.

Opt-Out and Customer Care

How to Opt-Out (Unsubscribe)

You may opt-out of our SMS program at any time by:

• Texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message you receive from us
• Contacting us at [contact email] or [phone number]
• Following any unsubscribe instructions provided in our messages

After you opt-out, you will receive one final confirmation message. Once confirmed, you will no longer receive messages from us unless you re-subscribe.

How to Get Help

For help or customer support, you may:

• Text HELP or INFO to any message you receive from us
• Contact us at [email protected] or (707) 234-8991
• Visit our website at https://getalira.com

After texting HELP, you will receive information about how to contact us and how to opt-out.

Use of SMS Program

You agree to use our SMS program for lawful purposes only. You agree NOT to:

• Use the program in any way that violates any applicable laws or regulations
• Send or encourage sending of spam or unsolicited messages
• Attempt to interfere with or disrupt the program's operation
• Use automated systems or software to extract data from the program
• Harass, abuse, or harm our staff or other subscribers
• Impersonate any person or entity or misrepresent your affiliation

Our Rights and Responsibilities

Modifications to Program

We reserve the right to:

• Modify or discontinue the SMS program at any time without notice
• Change message frequency
• Change the short code or phone number from which messages are sent
• Update these Terms at any time

No Guarantee of Delivery

While we strive to deliver all messages, we do not guarantee:

• Successful delivery of all messages
• Delivery time of messages
• Compatibility with all devices and carriers
• Uninterrupted or error-free service

Service Interruptions

Our SMS program may be temporarily unavailable due to:

• Scheduled maintenance
• Technical difficulties
• Carrier issues
• Force majeure events beyond our control

We are not liable for any loss or damage resulting from service interruptions.

Content Accuracy

While we make reasonable efforts to provide accurate information, we do not guarantee the accuracy, completeness, or timeliness of messages sent through our SMS program. Messages are for informational purposes only.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, available at [Privacy Policy URL]. By subscribing to our SMS program, you also agree to our Privacy Policy.

Data We Collect

We collect and process:

• Your mobile phone number
• Your name (if provided)
• Message interaction data
• Opt-in and opt-out timestamps
• Device and carrier information

Third-Party Service Providers

We use Twilio and other third-party service providers to operate our SMS program. These providers are contractually obligated to protect your information and use it only for providing services to us.

TCPA Compliance

We comply with the Telephone Consumer Protection Act (TCPA) and implementing regulations adopted by the Federal Communications Commission (FCC). We:

• Obtain express written consent before sending marketing messages
• Provide clear opt-out mechanisms in every message
• Honor opt-out requests promptly
• Maintain records of consent
• Do not send messages to numbers on the National Do Not Call Registry without consent

Disclaimers and Limitations of Liability

No Warranties

OUR SMS PROGRAM 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, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ALIRA AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use the SMS program
• Any unauthorized access to or use of your personal information
• Any interruption or cessation of the SMS program
• Any bugs, viruses, or other harmful components
• Any errors or omissions in message content
• Carrier-related issues or failures

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST TWELVE MONTHS, OR $100, WHICHEVER IS LESS.

Carrier Disclaimer

We are not responsible for any issues, delays, or failures caused by your mobile carrier, including but not limited to message delivery failures, delays, or network outages.

Indemnification

You agree to indemnify, defend, and hold harmless Alira AI, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any rights of another party
• Your misuse of the SMS program
• Your violation of any applicable laws or regulations

Dispute Resolution

Governing Law

These Terms are governed by the laws of Texas/USA, without regard to its conflict of law provisions.

Arbitration Agreement

Any dispute arising from these Terms or our SMS program shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court, except that you may assert claims in small claims court if they qualify.

Class Action Waiver

You agree that disputes must be brought on an individual basis only, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are not permitted.

Exceptions

Either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Alira AI regarding our SMS program.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights under them. We may assign our rights and obligations without your consent.

Survival

Provisions that by their nature should survive termination shall survive, including but not limited to: disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of this page
• Post the revised Terms on our website
• Notify active subscribers via SMS if changes are material

Your continued subscription after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must opt-out of the SMS program.

Contact Information

If you have any questions about these Terms or our SMS program, please contact us:

Alira AI
9900 West Park Dr
Suite 355 #1032
Houston, TX 77063
Email: [email protected]
Phone: (707) 234-8991
Website: https://getalira.com

For SMS program support, text HELP to any message or email us at [email protected].

Acknowledgment

BY SUBSCRIBING TO OUR SMS PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

These Terms of Service are designed to comply with TCPA regulations and SMS marketing best practices. This document should be reviewed by your legal counsel before publication and customized to your specific business needs and jurisdiction.