ZimWorX and SupportDDS, and each of their subsidiaries, affiliates, and divisions (“ZimWorX and SupportDDS,” “Company,” “We,” “Us,” or “Our”) offer a Mobile Messaging & Telephone Program (for purposes of these Terms, the “Program”), which you agree to use and participate in subject to these Mobile Messaging & Telephone Terms and Conditions and Mobile Messaging & Telephone Privacy Policy (the “Terms”). The ZimWorX and SupportDDS Privacy Policy and ZimWorX and SupportDDS Terms and Conditions provide information and notices concerning Our collection, use, and disclosure of your information, and are incorporated herein by reference.

Acceptance of Terms

By opting into or participating in Our Program, you acknowledge and agree to the following Terms. This includes your agreement to resolve any disputes with Us through binding, individual-only arbitration, as outlined in the “Dispute Resolution” and “Binding Arbitration” sections below.

Scope of Terms

These Terms apply specifically to the Program and do not seek to amend or alter any other terms and conditions or privacy policies that may regulate the relationship between you and Us in other circumstances.

Modification of Terms:

We reserve the right to revise these Terms from time to time without advanced notice or liability. If We do revise these Terms, the revised terms will supersede prior versions. Unless We say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms and any change to these Terms will be effective as soon as they are displayed. While notice of any updates to these Terms may be communicated to you, including but not limited to by mobile message with a link to the updated Terms, it is your responsibility to check these Terms periodically for any changes. Your continued participation in the Program constitutes your acceptance of any revisions. If you do not agree to the revisions, you must opt out of the Program.

Participant Requirements:

Depending on the method of contact (see below), participants in the Program must be wireless service subscribers with a wireless device of their own that has mobile text messaging services provided by a participating wireless carrier. The device must be capable of two-way messaging. Not all cellular phone providers carry the necessary service to participate. Participants must check their phone capabilities for specific text messaging instructions.

User Opt-In:

Depending on the consent provided, the Program allows users to receive promotional and informational communications from ZimWorX and SupportDDS, including employees and agents thereof, by mobile message (including but not limited to text or SMS messages and/or via any automated dialing or texting system), and/or telephone call (including but not limited to via any automatic telephone dialing system and/or artificial or prerecorded voice, which includes any message left on any voicemail or answering machine) by affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing, promotional, informational and/or nonpromotional communications by mobile message or telephone call at the phone number associated with your opt-in, and you understand that neither opting into nor participating in the Program is required to make any purchase from Us. While you consent to receive communications by mobile message and/or telephone, including those sent using an automated dialing or texting system and/or artificial or prerecorded voice, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”) or artificial or prerecorded voice. Message and data rates may apply.

User Opt-Out:

If you do not wish to continue participating in the Program or no longer agree to these Terms, you acknowledge and understand that you may opt-out and/or revoke your consent at any time. For mobile messaging, you agree to reply “STOP” to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. Alternatively, you may opt out of the Program by calling (940) 757-0022. You understand and agree that the foregoing options are the only reasonable methods of opting out, unless otherwise specified. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or otherwise verbally requesting one of Our employees to remove you from Our list is not a reasonable means of opting out. Carriers provide daily files for phone numbers that have deactivated from or reassigned within their network or been ported from one carrier to another. We proactively opt out these numbers from Our subscription list.

Age Restriction and Eligibility:

You may not use or engage with the Program if you are under eighteen (18) years of age. By using or engaging with the Program, you acknowledge and agree that you are not under the age of eighteen (18). By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Program. You certify, warrant, and represent that: the phone number(s) provided to Us are your contact number(s) or you are authorized by the individual whose contact number(s) is provided to sign-up for participation in the Program; and, if applicable, you are the subscriber of the cellular service at the mobile or phone number(s) provided or that you are authorized by the subscriber to sign-up for participation in the Program. By using or engaging with the Program, you further acknowledge and agree to the terms set forth in these Terms, and Company’s Privacy Policy and Terms and Conditions, all of which form binding agreements between you and Us.

Duty to Notify and Indemnify:

If at any time you intend to stop using the phone number used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the phone number. You understand and agree that your agreement to do so is a material part of these Terms. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of Our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US, OUR AGENTS, AND ANY THIRD-PARTY SERVICE PROVIDER WE USE TO SEND MOBILE MESSAGES OR MAKE TELEPHONE CALLS HARMLESS FROM ANY CLAIM OR LIABILITY, INCLUDING BUT NOT LIMITED TO ANY EXPENSES (INLCUDING ATTORNEYS’ FEES) AND DAMAGES, RESULTING FROM YOUR FAILURE, IN WHOLE OR IN PART, TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (TCPA), 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description:

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages and/or calls concerning Our commercial and/or non-commercial activities, news and informative updates, and your relationship with Us, including, but not limited to, those concerning product advertisements and promotions of any kind, your account information, and any other communications from Us.

Cost and Frequency:

Company does not charge you for receiving mobile messages or telephone calls. However, message and data rates may apply, depending on your plan with your wireless or other applicable provider. The Program involves recurring mobile messages and telephone calls, and additional mobile messages or telephone calls may be sent/made periodically, based on your interaction with Us.

Support Instructions:

For support regarding the Program, reply “HELP” to any text message you receive from the Program or call Us at (940) 757-0022. Please note that email is not an acceptable method of opting out of the Program. Opt-outs must be submitted in accordance with the User Opt-Out procedures set forth above.

MMS Disclosure:

The Program may send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Push Notifications:

With your consent, Company may send promotional and non-promotional push notifications to your mobile device. You may opt-out of these communications at any time by texting the word “STOP” to (940) 757-0022. You will receive an additional mobile message confirming your decision to opt out. You may also opt-out by uninstalling the mobile application or adjusting the push notification settings on your device.

Third-Party Involvement

Company may utilize third parties for various purposes:

1. To facilitate the provision of the Program, which may include sending you marketing, promotional, non-promotional, and/or informational communications.
2. To provide services or information, including those for commercial purposes, related to the Program and/or the Products and Services, as outlined in Company’s Privacy Policy and Terms and Conditions.

Any terms and conditions or agreements issued by such third parties that apply to your participation in the Program and/or use of the “Site,” as referenced in Our Privacy Policy and Terms and Conditions, constitute an agreement between you and the respective third party, not Company. We shall not be held accountable for any failure of such third parties to fulfill their obligations under these terms and conditions or other agreements.

Disclaimer of Warranty

The Program is provided on an “as-is” basis and may not be available in all areas at all times. Additionally, it may cease to function in the event of product, software, coverage, or other changes made by your wireless carrier or communications provider. We shall not be held liable for any delays or failures in the receipt of mobile messages or telephone calls associated with the Program. Delivery of such messages and calls is subject to effective transmission from your wireless service provider/telecommunications provider/network operator and is beyond Our control.

Requirement for Truthful and Accurate Information

When submitting forms online or providing information to Us in connection with the Program, you agree to furnish accurate, complete, and truthful information. It is prohibited to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We determine that any provided information is untrue, inaccurate, or incomplete, or if you have enrolled in the Program for an ulterior purpose, We reserve the right to deny you access to the Program and pursue appropriate legal remedies.

Mobile Messaging & Telephone Privacy Policy

We value your privacy. This Mobile Messaging & Telephone Privacy Policy, in conjunction with Company’s Privacy Policy, outlines the collection and usage of personal information. It explains what information is gathered or received when you participate in the Program, how We utilize or disclose such information, and your rights concerning your personal data. This Mobile Messaging & Telephone Privacy Policy pertains solely to the Program and applies to all personal information collected, used, or shared when you opt-in. It does not affect any other privacy policies governing your relationship with Us in other contexts. Should you have any inquiries regarding the content of this Privacy Policy, please reach out to Us.

Subset of Privacy Policy

Kindly refer to the ZimWorX and SupportDDS Privacy Policy, accessible at INSERT LINK, which forms part of these Terms, of which these Terms are a component. The utilization of website pages, subdomains, and mobile applications associated with Company is also governed by the ZimWorX and SupportDDS Terms and Conditions, available at https://www.ZimWorX.com and www.supportdds.com. Unless stated otherwise herein, these Terms supersede the ZimWorX and SupportDDS Terms and Conditions in the event of any inconsistency.

California Residents

If you are a California resident, as defined in Section 17014 of Title 18 of the California Code of Regulations, you possess specific rights concerning your personal information. This section delineates those rights and elucidates the process for exercising them.

Access to Information

You retain the right to request that We disclose certain information regarding Our collection and utilization of your personal information within the preceding twelve (12) months. Upon receipt of a verifiable request, We will grant you access to the personal information We have amassed about you. Additionally, we will disclose the categories of personal information We have gathered, the origins of that information, and how We have employed or shared it.

Right to Request Deletion

You also possess the right to request the deletion of any personal information collected from you and retained by Us, subject to certain exceptions as permitted by law. It is understood that We may decline your deletion request in accordance with applicable laws, including, but not limited to, retaining information if it is necessary for Us to:

• Complete a transaction for which the personal information was collected
• Provide a requested good or service
• Take actions reasonably anticipated within the context of Our ongoing business relationship with you
• Perform Our contract with you
• Detect security incidents or protect against malicious, deceptive, fraudulent, or illegal activity
• Prosecute those responsible for such activities
• Debug products or identify and repair errors
• Comply with a legal obligation
• Preserve evidence demonstrating Our compliance with the Telephone Consumer Protection Act (“TCPA”) during the applicable statute of limitations period
• Make other internal and lawful uses of the information compatible with the context in which it was provided

To exercise any of your rights related to your personal information, please contact Us by calling (940) 757-0022.

Governing Law and Jurisdiction

These terms, along with any disputes, controversies, claims, causes of action, or complaints arising from or in connection with these Terms, the Program, and/or the delivery and functionality of mobile messages issued or delivered by Company as part of the Program (individually referred to as a “Dispute,” collectively as “Disputes”), shall be governed by the laws of the STATE OF TEXAS, without regard to principles of conflict of laws.

Federal and State Courts in Texas

Unless arbitration is required, as described below, or concerning the enforcement of any arbitration decision or award, ANY ACTION OR PROCEEDING ARISING HEREUNDER MAY ONLY BE INSTITUTED IN A STATE OR FEDERAL COURT LOCATED IN TEXAS. ACCORDINGLY, ALL PARTIES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS FOR SUCH MATTERS.

Dispute Resolution

Most concerns can be resolved quickly and satisfactorily by calling our Customer Care line at: (940) 757-0022. However, if any dispute cannot be resolved by calling our Customer Care team, then notice must be provided as specified herein. This dispute resolution procedure does not apply to the substance of any offer or promotion or to product purchases.

All parties agree to send a written notice to the other promptly or no later than when the notifying party reasonably should have known or should have become aware of the dispute (i.e., when the “Dispute Arises”) and at the latest within the Limited Time to File Claims, as specified below. This written notice will provide a reasonable description of the dispute, along with a proposed resolution of it.

Notice from us to you will be sent to you based on the most recent contact information that you provided to us (including via mobile messaging or email). If no such information exists or if such information is not current (including if you have unsubscribed to texts or messages), then we have no obligation to send you such notice under this section (the “Dispute Resolution” section). Your notice must be sent to: ZimWorX and SupportDDS, 440 US Hwy 377 Suite 1140 Argyle, TX 76226 (ATTN: Legal Department).

For a period of sixty (60) days from the date of receipt of notice from the other party, Company and you will engage in a dialogue to attempt to resolve the dispute. However, nothing will require either you or Company to resolve the dispute on terms with respect to which you and Company are not comfortable.

Binding Arbitration

Any dispute, as described above, that cannot first be resolved through informal methods, as described above, will be submitted to binding arbitration in Texas, in accordance with the rules of the American Arbitration Association (AAA), then in effect except as modified herein. The arbitration will be administered by the AAA. Claims or disputes falling within the scope of the small claims court’s limited jurisdiction may, however, be submitted to such court.

By agreeing to arbitrate, each party is waiving its right to go to court and have any dispute heard by a judge or jury. The arbitrator will apply and be bound by these Terms and Conditions and will determine any dispute according to applicable law and facts based upon the record and no other basis. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction.

Payment of Fees and Costs

All parties will bear the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules. However, if the applicable arbitration rules or laws necessitate Us to pay a greater portion or all of such fees and costs for this arbitration provision to be enforceable, then We reserve the right to elect to pay the fees and costs and proceed to arbitration. AAA procedures, rules, and fee information may be obtained by contacting the AAA or visiting its website: AAA: 800.778.7879; www.adr.org.

No Class Action Matters

ALL PARTIES AGREE THAT EACH MAY BRING CLAIMS REGARDING DISPUTES HEREUNDER AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION.
Disputes hereunder will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings involving any dispute, controversy, or claim of any other party.

There will be no right or authority for any dispute, controversy, or claim to be arbitrated on a class-action basis or on any basis involving any disputes, controversies, or claims brought in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. However, if, for any reason, any court with competent jurisdiction holds that this restriction regarding arbitration on a class-action basis is unconscionable or unenforceable, then THE DISPUTE, CONTROVERSY, OR CLAIM MUST BE BROUGHT EXCLUSIVELY IN A STATE OR FEDERAL COURT LOCATED IN TEXAS, AS SET FORTH ABOVE. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, ANY AND ALL ISSUES RELATING TO THE SCOPE, INTERPRETATION, AND ENFORCEABILITY OF THE CLASS ACTION WAIVER PROVISIONS CONTAINED HEREIN (DESCRIBED IN THIS “NO CLASS ACTION MATTERS” SECTION) ARE TO BE DECIDED ONLY BY A FEDERAL OR STATE COURT LOCATED IN TEXAS, AND NOT BY THE ARBITRATOR. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS.

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 attorneys’ fees.

Limited Time to File Claims

If either party wants to assert a dispute against the other, then either party must commence it within the applicable statute of limitations from when the dispute arises, or it will be forever barred. Commencing means, as applicable, (a) by delivery of written notice as set forth above in the “Dispute Resolution” section, (b) filing for arbitration with the AAA as set forth in the “Binding Arbitration” section, or (c) filing an action in state or federal court.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the legality, validity, and enforceability of the remainder of the Terms will not be affected. If such provision(s) would cease to be illegal, invalid, or unenforceable if some part(s) of that provision(s) were modified or deleted, the provision(s) in question will apply with the least such modification or deletion as may be necessary to make the provision(s) legal, valid, and enforceable, so that these Terms will otherwise remain in full force and effect and enforceable.

Miscellaneous

You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. Any new features, changes, updates, or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing.

Contact Us

For any questions, please contact Us at (940) 757-0022 or by email at [email protected].