REALYTIC AI SMS TERMS AND CONDITIONS (US-BASED TEXT MESSAGING PROGRAMS)
IMPORTANT! PLEASE READ THESE REALYTIC AI SMS TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY REALYTIC AI (“REALYTIC AI” OR “WE” OR “US”) TEXT MESSAGING PROGRAM. BY SIGNING UP FOR ONE OR MORE OF REALYTIC AI’S TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE REALYTIC AI SMS TERMS AND CONDITIONS. FURTHERMORE, THESE REALYTIC AI SMS TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH REALYTIC AI ARE RESOLVED.
By signing up for one or more text messaging programs, you expressly consent to receive marketing or non-marketing text messages, as applicable, from Realytic AI and others texting on its behalf, at the telephone number(s) that you provide. You may opt-out of these communications at any time. Consent to receive text messages is not a condition of any purchase.
Program Description
Realytic AI text messages are intended to provide you with marketing and promotional information regarding Realytic AI products and services (e.g., events and promotions offered by Realytic AI or any of its authorized dealers). We may also provide you with transaction-related information.
Message Frequency
The number of Realytic AI text messages that you receive will vary depending on which Realytic AI text messaging programs for which you sign up to receive messages and the frequency of the messages sent by those programs.
Cost
Message and data rates may apply to each text message sent or received in connection with Realytic AI text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Realytic AI does not impose a separate fee for sending Realytic AI text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.
How to Opt-In
To opt-in to receive text messages from a Realytic AI text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages. For example, you may be asked to reply in the affirmative in the manner indicated in an initial text message (e.g., Y or Yes).
How to Opt-Out
To stop receiving text messages from a specific Realytic AI text messaging program, text STOP to the five-digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the five-digit number from which its text messages are being sent). You acknowledge that you may then receive one (1) final message from Realytic AI confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific text messaging program associated with that five-digit short code. You will remain opted in to other Realytic AI text messaging programs.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying Realytic AI immediately if you change your mobile telephone number.
You agree to indemnify Realytic AI in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Realytic AI if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Access or Delivery to Mobile Network is Not Guaranteed
It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Realytic AI’s control, and Realytic AI is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).
Supported Carriers
Supported carriers may change from time to time, but currently include AT&T, Sprint/Boost,/Virgin, T-Mobile/MetroPCS, Verizon Wireless, CellCom USA, C Spire Wireless, U.S. Cellular, Carolina West Wireless (CWW), and Google Voice, among others.
Carriers are not liable for delayed or undelivered messages.
T-Mobile® is not liable for delayed or undelivered messages.
Support/Help
To request more information, text HELP to the five-digit short code for the text messaging program about which you have questions (i.e., the five-digit number from which its text messages are being sent).
Eligibility
To receive Realytic AI text messages, you must be a resident of the United States and 18 years of age or older. Realytic AI reserves the right to require you to prove that you are at least 18 years of age.
Changes to Terms and Conditions
Realytic AI may revise, modify, or amend these Realytic AI SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Realytic AI. You agree to review these Realytic AI SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Realytic AI text messages will indicate your acceptance of those changes.
Termination of Text Messaging
We may suspend or terminate your receipt of Realytic AI text messages if we believe you are in breach of these Realytic AI SMS Terms and Conditions. Your receipt of Realytic AI text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Realytic AI reserves the right to modify or discontinue, temporarily or permanently, all or any part of Realytic AI text messages, with or without notice.
Privacy
Your privacy is important to us. Review our privacy statement.
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights.
Any dispute or claim relating in any way to your receipt or use of Realytic AI text messages will be resolved by binding arbitration, rather than court.
… (Arbitration and Class Action Waiver section remains the same with references updated to Realytic AI.)
Limitation of Liability
To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Applicable Law
Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of Ohio.
Severability
If any term of these Realytic AI Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect.
By enrolling in Realytic AI’s text messaging program, you acknowledge that you have read and agree to these terms and conditions.