Puurk SMS Program Terms

These SMS Program Terms ("SMS Terms") govern your enrollment in and use of Puurk, Inc.’s text messaging program(s) (the "Program"). By opting in to receive text messages from Puurk, you agree to these SMS Terms.

If you do not agree, do not opt in and do not use the Program.

SMS Program Terms: https://www.puurk.com/sms-terms

The Program is offered by Puurk, Inc. ("Puurk," "we," "us," or "our"). For support, contact us at privacy@puurk.com (or any other support channel we provide in a message).

2. Eligibility

You must be at least 18 years old (or the age of majority where you live) to enroll.
You represent that you are the subscriber or customary user of the mobile number you enroll, or that you have the subscriber’s authorization to enroll that number.

By providing your mobile number and completing an opt-in (for example, by checking a consent box on a web form, signing up in-app, or sending a keyword to a number we specify), you expressly consent to receive recurring text messages from Puurk at that number.

Messages may be sent using automated technology (including an autodialer).
Consent to receive text messages is not a condition of purchase.
You may withdraw consent at any time by replying STOP (see Section 7).

4. Program Description; Message Types and Frequency

Depending on how you interact with Puurk and what you opt into, the Program may include one or more of the following message categories:

Transactional and account messages (e.g., verification codes, payment reminders, receipts, service updates).
Customer care messages (e.g., responses to support requests).
Marketing or promotional messages, only if you have opted in to receive them where required by law.

Message frequency varies and will depend on your activity and the message category you opted into.

5. Message and Data Rates

Message and data rates may apply. Your mobile carrier may charge fees for text messages and data usage, and those charges are your responsibility.

6. How to Opt In

Opt-in methods may include (without limitation) web forms, in-app enrollment, or texting a keyword to a number we specify. We may require you to confirm enrollment (for example, via a reply message).

7. How to Opt Out

You can opt out at any time by replying STOP to any message from us. After you opt out, you should receive a confirmation message, and we will stop sending messages to that number (except as permitted by law, such as a one-time confirmation of your opt-out).

If you later want to re-enroll, you can follow the opt-in instructions again (for example, by replying START if supported, or by completing a new opt-in).

8. HELP; Customer Care

Reply HELP to any message for help (if supported) or contact us at privacy@puurk.com. We may provide additional support instructions in the Program messages.

9. Privacy

Our collection and use of information related to the Program is described in our Privacy Policy. As part of the Program, we may use service providers to deliver messages and to help us operate the Program.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties.

10. Supported Carriers; Delivery; Availability

Carriers are not liable for delayed or undelivered messages. Message delivery is subject to your mobile carrier’s network availability and other factors outside our control.

The Program may not be available on all carriers or on all devices.
We may change the sending number(s) used for the Program at any time.

11. Changes to the Program or These SMS Terms

We may modify or terminate the Program or these SMS Terms at any time, to the extent permitted by law. If we make material changes, we may provide notice by posting an updated version or by sending a message. Your continued participation after changes become effective constitutes acceptance of the updated SMS Terms.

12. Your Responsibilities

You agree to provide and maintain a valid mobile number and to notify us if your number changes.
You are responsible for securing your device and access to messages delivered to your number.
If you enroll a number that is not yours, you are responsible for obtaining and maintaining valid consent.

13. Prohibited Use

You agree not to use the Program in a manner that violates law or infringes the rights of others. You may not use the Program to submit, request, or distribute unlawful content, or to harass, threaten, or abuse any person.

14. Disclaimer of Warranties

THE PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUURK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED, ERROR-FREE, OR ALWAYS AVAILABLE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUURK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE PROGRAM OR THESE SMS TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUURK’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE PROGRAM OR THESE SMS TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

16. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Puurk and its directors, officers, employees, contractors, agents, affiliates, and service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your enrollment in or use of the Program; (b) your violation of these SMS Terms; or (c) your provision of a phone number for which you did not have valid consent.

17. Relationship to Other Terms; Disputes

These SMS Terms supplement, and do not replace, our other terms and policies, including our Terms of Service and Privacy Policy. To the extent there is a conflict between these SMS Terms and our Terms of Service, these SMS Terms will control for matters specifically related to the Program, unless applicable law requires otherwise.

Any dispute arising from or relating to the Program or these SMS Terms will be resolved in accordance with the dispute resolution provisions (including arbitration and class action waiver, if any) in our Terms of Service, unless applicable law requires otherwise.

18. Severability

If any provision of these SMS Terms is held unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.