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SMS Messaging Terms and Conditions

Effective Date: March 24, 2025

These SMS Messaging Terms & Conditions (“Terms”) govern the sending and receiving of text messages (“SMS Messages”) by OTM Cyber (“OTM Cyber,” “we,” or “us”) to individuals or entities (“you” or “Customer”). By opting in to receive SMS Messages or by sending SMS Messages to OTM Cyber, you agree to these Terms.

1. Purpose of SMS Messages

1.1 Marketing Communications. Our sales team may send SMS Messages to provide information about our cybersecurity services, special offers, and other marketing-related content.
1.2 Service-Related Communications. Our Security Operations Center (SOC) analysts may use SMS Messages for updates, alerts, and other communications necessary to perform cybersecurity services or respond to incidents.

2. Consent and Opt-In

2.1 Consent. By providing your mobile phone number to OTM Cyber, you expressly consent to receiving SMS Messages at that number for the purposes described in these Terms.
2.2 Opt-In Procedure. If you have not otherwise consented in writing or through electronic means, we may send a text message asking you to confirm your subscription (“opt-in”). Your confirmation of that request will signify your consent

3. Opt-Out/Unsubscribe

3.1 Right to Opt Out. You have the right to opt out of receiving SMS Messages at any time.
3.2 How to Opt Out. You may opt out by replying “STOP” to any SMS Message you receive from us. Once we receive your opt-out request, we will send a final confirmation message to let you know we have processed your request. You will not receive further SMS Messages, except as required by law or to confirm your opt-out request.
3.3 Re-Enrolling. If you wish to re-enroll, you may contact us or reply “START” to the same phone number you initially used for opting out (if available).

4. Message and Data Rules

4.1 Standard Rates. Standard message and data rates may apply to each SMS Message sent or received, according to your wireless plan. You are solely responsible for any fees charged by your mobile carrier.
4.2 Carriers. Supported carriers are not liable for delayed or undelivered messages.

5. Data Collection and Use

5.1 Personal Information. We may collect and store personal data associated with your phone number and any content you send us, including SMS Messages you initiate.
5.2 Purpose of Collection.

  • Marketing: To send relevant offers and updates about OTM Cyber’s services.

  • Service-Related: To provide timely cybersecurity updates, incident alerts, and operational communications.

5.3 Data Retention. We retain SMS-related data only for as long as needed to fulfill the purposes described or as required by law.
5.4 Data Sharing. We do not sell or share your personal data with unrelated third parties for marketing purposes. However, we may share data with service providers who facilitate message delivery or as required by law.

6. Your Responsibilities

6.1 Accurate Information. You represent that you are the authorized user of the phone number provided, and that you have the right and authority to incur any charges related to SMS Messages.
6.2 Lawful Use. You agree not to use SMS Messages from OTM Cyber for any unlawful or abusive purpose, including harassment, fraud, or other illegal activities.
6.3 Age Requirement. If required by applicable law, you confirm you are at least 18 years of age or have the express consent of a parent or legal guardian to receive SMS Messages.

7. Disclaimer of Warranties

7.1 As-Is. OTM Cyber provides SMS Messaging on an “as-is” basis without warranties of any kind, whether express or implied.
7.2 No Guarantee. We do not guarantee that SMS Messages will be delivered, or that they will be free from errors or delays.

8. Limitation of Liability

8.1 No Liability for Delays/Errors. OTM Cyber is not liable for any delays in the receipt of SMS Messages, or any errors in content. Delivery is subject to effective transmission from your network operator and processing by third-party vendors.
8.2 Indirect Damages. To the maximum extent permitted by law, OTM Cyber will not be liable for indirect, incidental, special, consequential, or punitive damages related to SMS Messaging.

9. Changes to These Terms

We may modify or update these Terms at any time. If we make material changes, we will notify you by SMS Message or other appropriate means. Your continued receipt of SMS Messages after any modification indicates your acceptance of the revised Terms.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Alabama, without regard to its conflict of laws principles. Any dispute arising from or relating to these Terms shall be resolved in the courts of Alabama, and you agree to submit to the jurisdiction of these courts.

11. Contact Us

For any questions about these Terms or our SMS Messaging practices, please contact us at:
OTM Cyber
600 Boulevard S SW Suite 104
Huntsville, AL 35802
solutions@otmcyber.com
(256) 581-5868

By providing your mobile phone number or otherwise opting in to receive SMS Messages, you acknowledge that you have read, understood, and agree to these Terms & Conditions.

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