SMS/MMS Mobile Messaging Terms & Conditions
Welcome to the MyUniqueSpirit Mobile Messaging Program (“Program”). By opting in, you agree to the terms below, which govern how we communicate with you via SMS/MMS. These terms apply only to the Program and do not replace our Website Terms of Service or Privacy Policy.
1. User Opt‑In
By enrolling in the Program—whether through our website, checkout forms, or any other opt‑in method—you agree to receive recurring SMS/MMS marketing messages from MyUniqueSpirit.
As stated in your original document:
“By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt‑in…”
Consent is not required to make a purchase. Message and data rates may apply.
We may use an autodialer, but:
“The foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system.”
2. User Opt‑Out
You may opt out at any time by replying with one of the following keywords:
STOP, END, CANCEL, UNSUBSCRIBE, or QUIT
After opting out, you may receive one final confirmation message.
Your document states:
“You understand and agree that the foregoing options are the only reasonable methods of opting out.”
Requests made verbally or through other words are not valid opt‑out methods.
3. Duty to Notify & Indemnification
If you change, transfer, or discontinue the phone number you used to subscribe, you must complete the opt‑out process first.
Your uploaded terms specify:
“YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED…”
This includes claims brought under the Telephone Consumer Protection Act (TCPA).
4. Program Description
Subscribers may receive messages related to:
- Product launches
- Promotions and discounts
- Events
- Digital and physical product updates
As stated:
“Users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.”
5. Cost & Message Frequency
- Message and data rates may apply
- You may receive up to 4 messages per month
- Additional messages may be sent based on your interactions with us
6. Support
For help, reply HELP to any message you receive from us.
Opt‑outs must follow the process in Section 2.
7. MMS Disclosure
If your device does not support MMS, messages may be delivered as SMS.
“The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.”
8. Disclaimer of Warranty
The Program is provided “as‑is.” Delivery may be affected by your carrier or service provider.
Your document states:
“We will not be liable for any delays or failures in the receipt of any mobile messages… Delivery of mobile messages is subject to effective transmission from your wireless service provider.”
T‑Mobile and other carriers are not responsible for delayed or undelivered messages.
9. Participant Requirements
To participate, you must have:
- A mobile device capable of two‑way messaging
- A participating wireless carrier
- A text messaging service plan
Not all carriers support the Program.
10. Age Restrictions
You may not use the Program if you are under 13.
If you are 13–17, you must have parental or guardian permission.
As stated:
“By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years…”
11. Prohibited Content
You may not send or transmit content that includes:
- Fraudulent, defamatory, harassing, or threatening material
- Obscene, hateful, or discriminatory content
- Viruses or harmful code
- Unlawful products or promotions
- Protected health information (HIPAA/HITEC)
- Any content prohibited by applicable law
Your document states:
“Prohibited content includes… any content that implicates and/or references personal health information that is protected by HIPAA…”
12. Dispute Resolution & Arbitration
Any dispute arising from your participation in the Program will be resolved through binding individual arbitration in Walpole, Massachusetts.
Key points from your document:
- Arbitration follows the AAA Commercial Arbitration Rules
- No class actions or class arbitration
- The arbitrator must have at least 5 years of relevant experience
- Each party pays its share of arbitration fees unless otherwise ordered
- No punitive damages may be awarded
As stated:
“The parties agree to arbitrate solely on an individual basis… this agreement does not permit class arbitration.”
This arbitration clause survives termination of your participation in the Program.
13. Miscellaneous
You represent that you have the authority to agree to these Terms.
If any provision is found unenforceable, it will be limited to the minimum extent necessary.
We may update these Terms at any time. Continued participation constitutes acceptance of the updated Terms.
Your document states:
“Any new features, changes, updates or improvements of the Program shall be subject to this Agreement…”
14. Contact Us
For questions about these SMS/MMS Terms, contact us at:
email@myuniquespirit.com
Last updated: February 2026
