SMS & Text Messaging (TCPA) Consent Policy

Statutory Basis

Upmos’s text-message (“SMS” and “MMS”) program is operated in compliance with the federal Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, and its implementing regulations at 47 CFR Part 64; the CTIA Messaging Principles and Best Practices (latest version); and the following state mini-TCPA laws as applicable:

• Florida Telephone Solicitation Act, Fla. Stat. § 501.059 (“FTSA”);
• Oklahoma Telephone Solicitation Act, 15 Okla. Stat. § 775C.1 et seq.;
• Washington Commercial Electronic Mail Act, RCW 19.190 (“CEMA”);
• Maryland Stop the Spam Calls Act, Md. Code Comm. Law § 14-3201 et seq.

The TCPA provides for statutory damages of $500 to $1,500 per violation, recoverable in private actions and in class actions.

Express Written Consent Requirement

We do not send any marketing or promotional SMS/MMS message to any mobile number unless we have obtained the recipient’s prior express written consent. Express written consent is established by the recipient’s affirmative act (checking an unchecked checkbox, typing the number into a designated form, or replying “YES” to a confirmation message) accompanied by clear disclosure that:

• The recipient may receive recurring marketing or transactional text messages from Upmos;
• Consent is not a condition of any purchase;
• Message and data rates may apply;
• The recipient may opt out at any time;
• The recipient may obtain HELP at any time.

Message Frequency and Categories

By providing consent, the recipient agrees to receive up to ten (10) messages per month in each program subscribed to. We operate the following text-message programs:

• Upmos Marketing — promotional offers, sales alerts, new-product announcements;
• Upmos Order Alerts — order confirmations, shipping notifications, delivery alerts;
• Upmos Honors Loyalty — loyalty program point balances and reward expirations;
• Upmos Vendor Alerts — payout confirmations, dispute alerts, performance notices (vendors only).

Opt-Out Instructions

Recipients may opt out of any text-message program at any time by replying to any text message with:

• STOP
• END
• QUIT
• CANCEL
• UNSUBSCRIBE
• OPT OUT

An opt-out confirmation message will be sent. Opt-out requests are honored immediately and we will not send further messages from that program. To rejoin, reply START or re-opt-in via your account preferences.

HELP Instructions

Reply HELP to any Upmos text message to receive a list of commands, our customer-service phone number, and our customer-service email address. Help replies do not incur message fees from us, but standard carrier message and data rates may apply.

Carrier Disclaimer and Message and Data Rates

Message and data rates may apply to text messages sent through this program, based on the recipient’s mobile carrier plan. Upmos does not impose a fee to receive messages, but we are not responsible for any charges imposed by the recipient’s carrier.

This program is available on most major U.S. carriers including AT&T, T-Mobile, Verizon, Sprint, U.S. Cellular, Cricket, Boost, MetroPCS, and others. We are not liable for any delays in delivery, undelivered messages, or messages misdirected by the carrier.

Revoking Consent

You may revoke consent at any time by replying to any text message with any of the opt-out keywords above; by emailing privacy@upmos.com; by calling our toll-free help line at +1 (713) 555-0142; or by adjusting your preferences at /my-account/communication-preferences/. Revocations are processed within one (1) business day.

State-Specific Disclosures

Florida (FTSA)

Florida residents are protected by the Florida Telephone Solicitation Act, Fla. Stat. § 501.059. The FTSA imposes additional restrictions on automated dialing systems and provides a private right of action with statutory damages of $500 to $1,500 per violation.

Washington (CEMA)

Washington residents may not be sent commercial text messages without prior affirmative consent, under RCW 19.190. CEMA provides for statutory damages of $500 per violating message.

Oklahoma

The Oklahoma Telephone Solicitation Act, 15 Okla. Stat. § 775C.1, parallels the FTSA and applies to Oklahoma residents.

Internal Recordkeeping

We maintain records of every consent (including the timestamp, IP address, opt-in language displayed, and the recipient’s affirmative response) and every opt-out (timestamp, channel, and effective date) for not less than four (4) years. These records are produced on demand in any TCPA dispute or regulatory inquiry.

Reporting Violations

To report a text message you believe was sent in violation of this Policy, or to report a Upmos number being used in an unauthorized manner, email abuse@upmos.com or report to the Federal Communications Commission at consumercomplaints.fcc.gov.

Contact

Email: privacy@upmos.com

How Can You Contact Us About This Policy?

If you have any further questions or comments or wish to report any problematic Content or Contribution, you may contact us by:

General Contact

• Phone: 1(855)637-2433 (Mon–Fri, 9 AM–5 PM CST)
• General Support: support@upmos.com
• Report Issue: upmos.com/report
• Send Feedback: upmos.com/feedback

Department Directory

Mailing Address

Upmos Inc.
9896 Bissonnet St
Houston, TX 77036
United States