SMS Messaging Terms

Last Updated: January 16, 2026.

These SMS Messaging Terms (the “SMS Terms”) apply to the SMS and text messaging services (“SMS Services”) sent by FSM Technologies, LLC, d/b/a Service Fusion (“Company”) merchants (the “Sender”). As a current or prospective customer of the Sender with whom you (“you” or “your”) have conducted or plan to conduct business and that directed you to this website, You have the option to use certain Company services, which may include the SMS Services. As a condition of Your use of the SMS Services, you must agree to these SMS Terms. Company may modify these SMS Terms at any time, and such modifications shall be effective immediately upon being posted to Company’s website. You agree to review these terms periodically to be aware of such modifications, and your continued use of the SMS Services shall be deemed your acceptance of the SMS Terms as they appear at the time of your use thereof.

1. Service Description

The Sender’s text messaging services may include informational, transactional, service-related, and/or promotional messages, including messages about appointments, reminders, service updates, account activity, customer support, notices, and marketing or promotional offers, depending on how you interact with the Sender and the preferences you select. Message frequency will vary based on your interactions and program settings. The Sender may use short codes, long codes, or toll-free numbers to deliver messages. The Sender may modify the type of messages, sending schedule, or service features at any time.

2. Consent to Receive Messages

By opting in, you provide your affirmative permission for the Sender to send SMS or MMS messages to the mobile number you provide, including by using an automatic telephone dialing system or other automated technology where applicable. You represent that you are the subscriber of the mobile service for the number provided or that you are authorized to enroll that number. Consent to receive messages is not required as a condition of purchasing goods or services from the Sender, unless the Sender clearly discloses otherwise at the point of opt-in to the extent permitted by law. You understand that message content may be personalized based on information you provide to the Sender and your use of the Sender’s services.

3. Opt-Out

You may opt out of receiving text messages from the Sender at any time by replying STOP to any message you receive from the Sender. After you opt out, you may receive one final message confirming that your opt-out request has been processed. You understand and agree that the opt-out process may not be immediate in all cases due to carrier and platform processing, but the Sender will make reasonable efforts to honor opt-out requests as quickly as practicable. If you change your mobile number, you agree to opt out of the services for your prior number and re-enroll for your new number.

You acknowledge and agree that any election to opt out of receiving text messages from a Sender does not apply to Company, and that you may continue receiving text messages from other users of Company’s services to the extent you have opted in to receiving texts messages from such other users.

4. Message and Data Rates; Charges

Message and data rates may apply to any messages you send or receive. Neither Company nor the Sender are responsible for any charges, fees, or taxes imposed by your carrier or any third party. You are solely responsible for obtaining and maintaining any device, software, and wireless service required to receive messages.

5. Carriers, Delivery, and Availability

Wireless carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your carrier, device compatibility, network availability, and other factors outside the Company’s or Sender’s control. Neither Company nor Sender guarantee the availability, timeliness, completeness, or performance of the SMS services. Company or Sender may suspend or terminate the SMS services, in whole or in part, without notice, including to comply with carrier rules, applicable law, or platform requirements.

6. Privacy and Data Practices

The Sender’s collection and use of personal information, including phone numbers and message content or metadata, are governed by the Sender’s Privacy Policy. By opting in, you acknowledge that you have reviewed the Sender’s Privacy Policy and consent to the collection, use, and sharing of information as described therein. The Sender may use service providers to support the SMS services, including platform providers that transmit messages on the Sender’s behalf, and such providers may process information to deliver and maintain the SMS services.

7. Acceptable Use; Prohibited Conduct

You agree not to use the SMS services in any manner that is unlawful, abusive, harmful, or that interferes with the operation of the SMS services. You agree not to submit false information, enroll a number you do not control or have permission to use, attempt to circumvent opt-out mechanisms, or engage in any activity that could result in complaints, harm to others, or violation of carrier or platform policies. Company and the Sender may block, suspend, or terminate your participation in the SMS services if the either party believes, in its sole discretion, that you have violated these SMS Terms or that continued participation could create risk, liability, or operational issues.

8. Third-Party Platforms and Disclaimers

The SMS services may be enabled or delivered using third-party platforms and networks (including wireless carriers and messaging service providers). Those third parties may have their own terms or policies that apply to your mobile service or device. Neither company nor the Sender are responsible for the acts or omissions of carriers or third-party service providers, and you agree that your wireless carrier and any third-party messaging platform provider are third-party beneficiaries of the sections addressing carriers and limitations of liability to the extent required by their policies.

9. No Warranties

To the fullest extent permitted by law, the SMS services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, implied, statutory, or otherwise. Without limiting the foregoing, Company and the Sender disclaim any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and do not warrant that the SMS services will be uninterrupted, error-free, secure, or that messages will be delivered or received.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE SMS SERVICES OR THESE SMS TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE COMPANY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SMS SERVICES OR THESE SMS TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNT YOU PAID TO THE SENDER FOR THE UNDERLYING SERVICE THAT DIRECTLY GAVE RISE TO THE CLAIM DURING THE ONE (1) MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Company and the Sender and each of their respective affiliates, officers, directors, employees, agents, and service providers, from and against any claims, demands, actions, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your enrollment in or use of the SMS services, (b) your violation of these SMS Terms, (c) your violation of any law or the rights of any third party, or (d) your provision of an unauthorized phone number or failure to obtain permission to enroll a phone number.

12. Governing Law; Venue

Except to the extent preempted by federal law or otherwise prohibited, these SMS Terms are governed by the laws of the state where the Company is headquartered, without regard to conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in the county (or equivalent) where the Company is headquartered, and you waive any objection based on venue or forum non conveniens, to the fullest extent permitted by law.

13. Miscellaneous

These SMS Terms supersede any prior or contemporaneous communications on the subject matter set forth herein. If any provision of these SMS Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Company’s failure to enforce any right or provision will not be deemed a waiver. Sections intended by their nature to survive termination or opt-out, including disclaimers, limitations of liability, indemnification, and dispute resolution provisions, will survive.

14. Contact Information

For questions about the SMS services, please contact the Sender using the contact information provided on the Sender’s website.