Terms and Conditions

Last Updated: March 28th, 2025

Introduction

Welcome to LocalWise Digital, LLC ("we," "our," or "us"). These Terms and Conditions govern your use of our services, including our SMS messaging program. By using our services, you agree to these Terms and Conditions.

SMS Program Terms

Program Name and Description

LocalWise Digital, LLC SMS Program

This SMS program provides marketing updates, promotional offers, appointment reminders, and service notifications related to our marketing agency services. Message types may include promotional content, account updates, service notifications, and responses to your inquiries.

Opt-In Consent

By opting in to receive text messages from us, you consent to receive recurring automated marketing messages at the phone number provided. You understand that consent is not a condition of purchase.

Message Frequency

Message frequency varies based on your interaction with our services. You may receive [X] messages per [week/month] on average.

Opt-Out Instructions

You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us.

Rejoining Instructions

To rejoin our SMS program after opting out, sign up as you did initially, and we will resume sending SMS messages to you.

Help Instructions

If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or reach out directly to [email protected].

Carrier Liability Disclaimer

Carriers are not liable for delayed or undelivered messages.

Message and Data Rates

As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

Use of Services

Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use our services:

In any way that violates any applicable federal, state, local, or international law or regulation

To transmit any material that is defamatory, obscene, or offensive

To impersonate or attempt to impersonate our company, an employee, or any other person

User Accounts

If you create an account with us, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

Intellectual Property

Ownership

All content, features, and functionality of our services, including but not limited to text, graphics, logos, and software, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our services for your personal, non-commercial use.

Disclaimers

Service Availability

We do not guarantee that our services will always be available or uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our services for business and operational reasons.

Content Accuracy

We make reasonable efforts to update the information on our services, but we make no representations, warranties, or guarantees, whether express or implied, that the content is accurate, complete, or up-to-date.

Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:

Your use or inability to use our services

Any unauthorized access to or use of our servers and/or any personal information stored therein

Any interruption or cessation of transmission to or from our services

Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms and Conditions or your use of our services.

Privacy Policy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. Please review our Privacy Policy at Privacy Policy.

Changes to Terms and Conditions

We may revise and update these Terms and Conditions from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of our services following the posting of revised Terms and Conditions means that you accept and agree to the changes.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of [Your State], without regard to its conflict of law provisions.

Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

LocalWise Digital, LLC

1111b South Governors Ave STE 26751

Dover, DE 19904

941-325-8761

[email protected]

Compliance with Industry Standards

Our SMS messaging program complies with the Cellular Telecommunications Industry Association (CTIA) guidelines, the Telephone Consumer Protection Act (TCPA), and other applicable laws and regulations governing commercial text messaging.

Legal Compliance Note

These Terms and Conditions are designed to comply with applicable laws and regulations. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.