ByName

SMS Terms & Consent

ByName LLC — getbyname.com

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These SMS Terms & Consent Agreement ("SMS Terms") govern your receipt of text messages from ByName LLC ("ByName," "we," "us," or "our") in connection with your use of the ByName platform, including the website located at getbyname.com, mobile applications, and related services (collectively, the "Service").

These SMS Terms supplement and are incorporated into ByName's Terms of Service ("Terms of Service") and Privacy Policy. By providing your mobile phone number to ByName or consenting to receive SMS communications, you agree to these SMS Terms.

1. SMS COMMUNICATIONS

ByName uses SMS messaging to communicate with users of the Service, including consumers, service professionals, businesses, and other users who provide a mobile phone number and consent to receive SMS communications (collectively, "Users").

SMS messages may be sent for purposes including:

account registration and verification;

login authentication;

security alerts;

password or account recovery;

account-related notifications;

customer support communications;

notifications regarding Profiles, Reviews, ratings, or activity on the Service;

communications relating to sweepstakes, promotions, or prize fulfillment;

updates regarding the Service;

marketing, promotional, and informational communications regarding ByName products, features, events, offers, and services.

By providing your mobile phone number and providing any required consent, you authorize ByName to send SMS messages to that number using a standard ten-digit telephone number or other messaging service used by ByName.

2. SMS CONSENT

By providing your mobile phone number to ByName and accepting these SMS Terms, you expressly consent to receive SMS messages from ByName at the mobile phone number associated with your Account.

You represent and warrant that:

the mobile phone number provided to ByName is your phone number or that you are authorized to provide and use the number;

you have authority to consent to receive SMS messages at that number; and

all information provided to ByName is accurate and current.

You agree to notify ByName promptly if the mobile phone number associated with your Account changes.

3. TYPES OF SMS MESSAGES

3.1. Service-Related Messages

ByName may send SMS messages necessary to operate, maintain, secure, or support your Account or your use of the Service.

Service-related messages may include:

verification codes;

login authentication messages;

security notifications;

Account alerts;

requested customer support communications;

notifications necessary to complete actions requested by you.

Because these messages may be necessary to provide the Service, you may not be able to opt out of certain service-related SMS communications while maintaining an Account or using certain features of the Service.

3.2. Marketing and Promotional Messages

Where you provide the required consent, ByName may send SMS messages regarding:

promotions;

special offers;

new features;

events;

updates;

business opportunities;

other marketing communications.

Consent to receive marketing or promotional SMS messages is not a condition of purchasing goods or services.

You may withdraw consent to receive marketing SMS messages at any time by following the opt-out instructions described below.

4. SMS RECIPIENTS

SMS communications may be sent to various categories of Users, including:

Consumers

Consumers may receive SMS messages relating to:

Account verification;

reviews and ratings;

activity on the Service;

promotions;

sweepstakes or prize fulfillment.

Service Professionals

Service professionals may receive SMS messages relating to:

Profile creation and management;

Profile activity;

Reviews and ratings;

Account security;

communications from ByName.

Businesses

Businesses may receive SMS messages relating to:

Business Profile claims;

Profile management;

professional affiliation disputes;

Account activity;

platform communications.

5. MESSAGE FREQUENCY

Message frequency varies.

The number of SMS messages you receive depends on:

your use of the Service;

Account activity;

security requirements;

your communication preferences;

promotions or features in which you participate.

ByName does not guarantee any specific message frequency.

6. MESSAGE AND DATA RATES

Message and data rates may apply.

Your mobile carrier's standard messaging, data, and other charges may apply.

You are solely responsible for any fees charged by your wireless carrier or mobile service provider.

ByName is not responsible for any charges imposed by your carrier.

7. OPTING OUT OF SMS MESSAGES

7.1. Marketing Messages

You may opt out of receiving marketing or promotional SMS messages at any time by replying:

STOP

to any ByName marketing SMS message.

After you send STOP, ByName will send a confirmation message and you will no longer receive marketing SMS messages unless you provide new consent.

7.2. Service Messages

Opting out of marketing SMS messages does not necessarily prevent ByName from sending service-related messages necessary to:

authenticate your identity;

maintain Account security;

respond to your requests;

provide requested services;

comply with applicable law.

8. HELP AND CUSTOMER SUPPORT

For assistance regarding SMS messages, reply:

HELP

to any ByName SMS message.

You may also contact:

ByName LLCEmail: legal@getbyname.comWebsite: getbyname.com

9. CARRIER DISCLAIMER

Wireless carriers are not responsible for delayed or undelivered messages.

SMS delivery depends on effective transmission from wireless carriers and other factors outside of ByName's reasonable control.

ByName does not guarantee that SMS messages will be received, timely delivered, or available in all geographic locations.

10. PHONE NUMBER CHANGES

If you change, deactivate, or transfer ownership of the mobile phone number associated with your Account, you agree to update your Account information promptly.

You are responsible for ensuring that your Account information remains accurate.

You agree that ByName may rely on the phone number associated with your Account until updated by you.

11. PRIVACY

ByName's collection, use, storage, and disclosure of information relating to SMS communications are described in the ByName Privacy Policy.

Information relating to SMS communications may include:

mobile phone numbers;

consent records;

communication preferences;

SMS delivery information;

records of communications sent through the Service.

ByName may use third-party service providers to facilitate SMS communications. Such providers may process information solely as necessary to provide SMS functionality on behalf of ByName.

12. NO GUARANTEE OF AVAILABILITY

SMS functionality depends on third-party telecommunications networks and service providers.

ByName may modify, suspend, or discontinue SMS communications or any SMS-related feature at any time.

13. CHANGES TO THESE SMS TERMS

ByName may update these SMS Terms from time to time.

If changes materially affect SMS consent requirements, ByName may provide additional notice or obtain additional consent where required by applicable law.

Your continued use of the Service after updated SMS Terms become effective constitutes acceptance of the revised SMS Terms.

14. RELATIONSHIP TO TERMS OF SERVICE

These SMS Terms supplement and are incorporated into ByName's Terms of Service.

If there is a conflict between these SMS Terms and the Terms of Service regarding SMS communications, these SMS Terms control solely with respect to SMS communications.

All other provisions of the Terms of Service remain unchanged.

15. CONTACT INFORMATION

Questions regarding these SMS Terms may be directed to:

ByName LLCEmail: legal@getbyname.comWebsite: getbyname.com

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