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SMS TERMS AND CONDITIONS

Effective Date: December 26, 2025

1. INTRODUCTION AND SCOPE

1.1 Purpose and Acceptance

These SMS Terms and Conditions (“Terms”) govern your enrollment, participation, and receipt of text messages from Ad Arbitrage™, LLC (“Company,” “we,” “us,” or “our”) through our SMS messaging program. By providing your mobile phone number and expressly consenting to receive text messages from us, you agree to be bound by these Terms. If you do not agree to these Terms, you should not opt in to receive text messages from us.

1.2 Complete Terms

The complete and current version of these Terms is available at https://adarbitrage.com/sms-terms-and-conditions. We encourage you to review these Terms regularly as they may be updated from time to time.

1.3 Business Identification

These Terms apply to text messages sent by:

Company Name: Ad Arbitrage™, LLC

Mailing Address: 30 N Gould St Ste N, Sheridan, WY 82801

Phone Number: 1-888-996-5513

Email Address: support@adarbitrage.com

1.4 Relationship to Other Agreements

These Terms supplement any other agreements between you and the Company, including our Privacy Policy, Terms of Service, and any other agreement related to your use of our products or services. In the event of a conflict between these Terms and any other agreement, these Terms shall govern with respect to our SMS messaging program.

In accordance with the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §227, and Federal Communications Commission (“FCC”) regulations, 47 CFR §64.1200, we require your prior express written consent before sending you marketing text messages. Your consent is not required as a condition to purchase any goods or services from us.

2.2 Opt-In Methods

You may opt in to receive text messages from us through the following methods:

Effective January 27, 2025, in accordance with FCC regulations, your consent applies only to the specific Company program you have opted into. Your consent to receive text messages from us does not constitute consent to receive text messages from any third parties, affiliates, or other programs operated by us, unless you specifically opt in to those programs separately.

We maintain records of your consent, including:

These records are maintained for a minimum of four (4) years from the date consent was provided or the date of the last text message sent to you, whichever is later.

2.5 Confirmation Message

Upon opting in to our SMS messaging program, you will receive a confirmation message that includes:

3. TYPES OF MESSAGES AND BUSINESS INFORMATION

3.1 Marketing Messages

Marketing messages may include, but are not limited to:

3.2 Transactional Messages

Transactional messages may include, but are not limited to:

3.3 Sending Number Disclosure

We may send text messages from multiple phone numbers or short codes. Each message will clearly identify that it is from Ad Arbitrage™, LLC. You acknowledge that the specific phone number from which you receive messages may change over time.

3.4 Business Contact Information

For questions, concerns, or complaints regarding our SMS messaging program, you may contact us through the following methods:

3.5 Message Content Restrictions

All messages sent through our SMS messaging program comply with applicable laws and regulations, including the CAN-SPAM Act, 15 U.S.C. §7701 et seq. We do not send messages containing:

4. MESSAGE FREQUENCY AND TIMING RESTRICTIONS

4.1 Frequency Disclosure

You may receive up to eight (8) text messages per month from our SMS messaging program. This frequency may vary based on your interactions with our business, such as placing orders, making appointments, or responding to our messages.

4.2 Messaging Hours

In accordance with the Telephone Consumer Protection Act (TCPA) and the Federal Trade Commission’s Telemarketing Sales Rule, 16 CFR Part 310, we will only send text messages during the following hours:

4.3 Time Zone Compliance

We determine your time zone based on the area code of your mobile phone number or, if available, your provided address information. If you travel to a different time zone, our messaging hours will continue to be based on your home time zone unless you notify us otherwise.

4.4 Holiday Restrictions

We may limit or suspend text message communications on federal holidays.

4.5 Emergency Communications

Notwithstanding the messaging hours stated above, we may send you text messages outside of these hours in the event of:

5. OPT-OUT PROCEDURES AND RIGHTS

5.1 Opt-Out Methods

You may opt out of receiving text messages from us at any time through the following methods:

5.2 Processing Timeframe

We will process your opt-out request immediately upon receipt. In accordance with TCPA regulations and FCC rules effective April 11, 2025, we will honor opt-out requests made through any reasonable means, not just those made by replying “STOP” to our messages.

5.3 Confirmation of Opt-Out

Upon processing your opt-out request, we will send you a one-time confirmation message confirming that you have been unsubscribed from our SMS messaging program. After this confirmation message, you will not receive any additional text messages from us unless you provide new express written consent.

5.4 Partial Opt-Out Options

If we operate multiple SMS messaging programs, you may choose to opt out of specific programs while remaining enrolled in others. To do so, please contact our customer service at 1-888-996-5513 or support@adarbitrage.com with your specific opt-out preferences.

5.5 Opt-Out Record Retention

We maintain records of all opt-out requests, including:

These records are maintained for a minimum of four (4) years from the date of the opt-out request.

6. MESSAGE AND DATA CHARGES

6.1 Carrier Rates and Charges

Message and data rates may apply to text messages sent and received in connection with our SMS messaging program. These rates and charges are determined by your mobile carrier and are your sole responsibility. We do not charge you for sending or receiving text messages, but your carrier may charge you for each text message you send to us or receive from us.

6.2 Estimated Monthly Costs

Based on our message frequency of up to eight (8) messages per month, we estimate that the maximum amount you might pay in message charges per month is approximately $5.00. However, this is only an estimate, and actual charges may vary based on your specific mobile carrier plan and rates.

6.3 Supported Carriers

Our SMS messaging program is supported by all major U.S. mobile carriers, including but not limited to:

However, we cannot guarantee that our SMS messaging program will be compatible with all carriers or mobile devices. If you change your mobile carrier, you may need to re-opt in to our SMS messaging program.

6.4 International Message Charges

Our SMS messaging program is designed for use within the United States. If you receive our text messages while traveling internationally, you may incur additional charges from your mobile carrier for international text messaging. These charges are your sole responsibility.

6.5 Carrier Accountability

We are not responsible for delayed or undelivered messages due to carrier issues, network problems, or device incompatibilities. If you have concerns about message delivery or charges, please contact your mobile carrier directly.

7. PRIVACY AND DATA PROTECTION

7.1 Data Collection and Use

In connection with our SMS messaging program, we collect and use the following information:

We use this information solely for the purpose of sending you text messages in accordance with these Terms and for maintaining records of your consent and opt-out requests as required by law.

7.2 Security Measures

We implement reasonable security measures to protect your information, including:

7.3 Data Sharing

We do not sell, rent, or lease your mobile phone number or other personal information collected through our SMS messaging program to any third party. We may share your information with service providers who assist us in operating our SMS messaging program, but these service providers are contractually obligated to use your information only for the purpose of providing services to us and to maintain the confidentiality and security of your information.

7.4 Record Retention

We retain records of your consent, opt-out requests, and text message history for a minimum of four (4) years from the date of consent, opt-out, or the last text message sent or received, whichever is later. This retention period is designed to comply with TCPA record-keeping requirements and applicable telemarketing documentation standards.

7.5 Access to Your Information

You have the right to request access to the personal information we have collected from you in connection with our SMS messaging program. To request access to your information, please contact us at support@adarbitrage.com or 1-888-996-5513.

8. DISPUTE RESOLUTION AND ARBITRATION

8.1 Informal Dispute Resolution

If you have a dispute or claim arising out of or relating to these Terms or our SMS messaging program, you agree to first contact us at support@adarbitrage.com or 1-888-996-5513 to attempt to resolve the dispute informally.

8.2 Binding Arbitration

If we cannot resolve the dispute informally within sixty (60) days, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or our SMS messaging program shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules.

8.3 Arbitration Procedures

The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Consumer Arbitration Rules. The arbitration shall take place in Sheridan County, Wyoming, unless you and the Company agree otherwise. The arbitrator shall apply the laws of the State of Wyoming, without regard to its conflict of laws principles.

8.4 Costs of Arbitration

The Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with this section, unless the arbitrator finds that your claim is frivolous or was brought for an improper purpose. If the arbitrator makes such a finding, you will be responsible for your own arbitration costs and expenses, including your own attorneys’ fees, but in no event will you be required to reimburse the Company for its attorneys’ fees or costs.

8.5 Class Action Waiver

You and the Company agree that each may bring claims 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. Unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

8.6 Small Claims Court Option

Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court in Sheridan County, Wyoming, provided that such action is within the jurisdiction of the small claims court.

8.7 Injunctive Relief

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of the obligation to arbitrate.

8.8 Survival

This arbitration provision shall survive the termination of these Terms and your relationship with the Company.

9. LIABILITY LIMITATIONS

9.1 Limitation of Damages

To the maximum extent permitted by applicable law, in no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

In no event shall the Company’s total liability to you for all claims arising out of or relating to these Terms or our SMS messaging program exceed the actual damages you incur, not to exceed one hundred dollars ($100.00).

9.2 Service Availability Disclaimers

We do not warrant or guarantee that our SMS messaging program will be available at all times or that it will be error-free. Our SMS messaging program may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from such problems.

9.3 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by factors beyond our reasonable control, including but not limited to:

9.4 Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of our SMS messaging program.

9.5 Disclaimer of Warranties

Our SMS messaging program is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. The Company does not warrant that our SMS messaging program will function uninterrupted, secure, or available at any particular time or location, or that any errors or defects will be corrected.

10. CHANGES TO TERMS AND CONDITIONS

10.1 Modification Procedures

We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes through one or more of the following methods:

10.2 Notice Requirements

Any notice of changes to these Terms will:

10.3 Continued Use Acceptance

Your continued participation in our SMS messaging program after the effective date of any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must opt out of our SMS messaging program by following the opt-out procedures described in Section 5 of these Terms.

10.4 Prior Versions

We will maintain an archive of prior versions of these Terms for a period of at least four (4) years. You may request access to prior versions of these Terms by contacting us at support@adarbitrage.com.

If we make material changes to the way we collect, use, or share your personal information, or to the types or frequency of messages we send, we will obtain new express written consent from you before implementing such changes with respect to your mobile phone number.

11.1 Federal Compliance

Our SMS messaging program complies with all applicable federal laws and regulations, including but not limited to:

11.2 State Law Compliance

Our SMS messaging program complies with all applicable state laws and regulations governing telemarketing and text messaging, including any applicable registration and timing restrictions for text messages.

11.3 Registration Exemption

We believe we qualify for the customer or established-business-relationship exemption from telemarketer registration requirements under applicable state law, as our text messages are sent primarily to existing customers with whom we have an established business relationship.

11.4 Enforcement and Penalties

We acknowledge that violations of the TCPA and related regulations may result in significant penalties, including statutory damages of $500 to $1,500 per violation. We are committed to maintaining strict compliance with all applicable laws and regulations to avoid such penalties.

11.5 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without giving effect to any principles of conflicts of law. Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming, subject to the arbitration provisions in Section 8 of these Terms.

11.6 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed from these Terms without affecting the validity and enforceability of any remaining provisions.

11.7 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and the Company regarding our SMS messaging program and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.

Last Updated: December 26, 2025

Ad Arbitrage™, LLC

30 N Gould St Ste N

Sheridan, WY 82801

Phone: 1-888-996-5513

Email: support@adarbitrage.com

Website: https://adarbitrage.com

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